AGB

§1 Scope and Acceptance

These AGBs govern all agreements between notus ("Provider") and its clients ("Client"). By accessing or engaging our services, you accept these AGBs as binding. Updates to these AGBs will take effect after written notice and your acceptance, or automatically after six (6) weeks if no objection is raised. Deviations from these AGBs are valid only with explicit written agreement.

§2 Services and Obligations

2.1 Scope of Services

notus provides consulting and marketing services focused on Personal Branding, Content Creation, B2B demand generation and brand development. Specific services are outlined in the signed agreement or invoice ("Scope"). Any tasks not explicitly mentioned in the Scope are excluded unless agreed in writing. Success is not guaranteed unless explicitly specified.

2.2 Provider Obligations

• notus commits to performing services professionally, diligently, and within agreed timelines.
• We reserve the right to subcontract work to qualified third parties, retaining full responsibility for their output.
• notus may offer similar services to other clients, even if competitive with your business.

2.3 Client Obligations

• Clients must provide timely and accurate information, access to necessary resources, and full cooperation to ensure successful project completion.
• Any delays caused by the Client’s failure to fulfill obligations may result in adjusted timelines or additional fees.

2.4 Ethical Standards

notus will not create, publish, or endorse discriminatory, unethical, or offensive content under any circumstances. Violations of this principle may lead to immediate termination of the contract.

§3 Payment Terms

3.1 Fees and Invoicing

• Fees for services are detailed in the signed agreement. Payment is due upfront for one-time services or monthly for ongoing services by the third working day of the month.
• Late payments incur a fee of 5% of the outstanding balance per month or the maximum legally allowable interest rate.

3.2 Subscription and Pricing Adjustments

• If a subscription model applies, changes to subscription tiers or pricing will be communicated in writing at least 15 days in advance. Continued use of services signifies acceptance.

§4 Term and Termination

4.1 Term

After the initial period, the monthly retainers automatically renew on a month-to-month basis unless canceled with a three month written notice, effective at the end of the month.

4.2 Termination

• Either party may terminate the contract with three-month written notice.
• Immediate termination can apply in cases of non-payment exceeding 10 days, breach of confidentiality, or violation of ethical standards.
• Upon termination, all fees for services performed to date remain payable.

§5 Deliverables and Intellectual Property

5.1 Ownership of Deliverables

• Clients receive full ownership of deliverables upon payment.
• Any proprietary tools, methodologies, or frameworks used by notus remain the sole property of notus.

5.2 Rights Reserved by notus

• notus retains the right to showcase anonymized deliverables for promotional purposes.
• Clients must not reverse-engineer, duplicate, or misuse notus’ proprietary tools.

5.3 Third-Party Materials

• Deliverables may incorporate third-party materials subject to their licensing agreements. Clients agree to comply with these terms.

§6 Confidentiality

Both parties agree to maintain strict confidentiality regarding all proprietary and sensitive information exchanged during the agreement. This obligation continues for one (1) year after termination of the contract. Exceptions apply if disclosure is required by law or consented to in writing.

§7 Warranty and Liability

7.1 Warranty

notus guarantees that all services are free from third-party intellectual property claims to the best of its knowledge. Warranty claims do not apply if deliverables are altered without our consent.

7.2 Limitation of Liability

notus is liable only for damages caused by gross negligence or intent. Liability is limited to foreseeable, contractually typical damages. No liability exists for delays or damages caused by the Client’s failure to cooperate.

§8 Dispute Resolution

This agreement is governed by Swiss law. Disputes will be resolved at notus GmbH, Weinbergstrasse 34, 5000 Aarau, unless legally required otherwise. The European Commission’s platform for online dispute resolution (ODR) is available at https://ec.europa.eu/consumers/odr/.

§9 Ethical Standards and Termination

notus operates with the highest ethical standards. Discriminatory, unethical, or offensive behavior from clients, either toward our team or publicly, may result in immediate termination of the agreement.

§10 Notices

All legally relevant notices must be provided in writing via email or postal service. The latest contact information for notus is available at https://www.notus.xyz/privacy-policy.