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GENERAL TERMS AND CONDITIONS (B2B)

1 Scope

  1. These General Terms and Conditions (GTC) apply to all contracts between TheEngineers, Weiherstrasse 28, CH-4132 Muttenz, including commissioned and authorised employees and subcontractors (hereinafter referred to as the ‘Provider’) and entrepreneurs within the meaning of the applicable legal provisions (hereinafter referred to as the ‘Customer’).

  2. The offer is aimed exclusively at businesses. Contracts with consumers will not be concluded.

  3. These Terms and Conditions apply both to services booked via the e-services section of TheEngineers website and to individually agreed consulting mandates, project-related orders, or retainer agreements.

  4. Conflicting or deviating terms and conditions of the customer shall not be recognised unless their validity has been expressly agreed to in writing.

  5. The customer expressly waives the application of their own general terms and conditions.

  6. By booking a package in the e-services area, the customer accepts these terms and conditions as binding. They automatically become part of the contract between the provider and the customer.

  7. Individual mandate agreements supplement these General Terms and Conditions. Insofar as deviating provisions are agreed in the mandate agreement, these shall take precedence over the General Terms and Conditions. Otherwise, the General Terms and Conditions shall apply in addition.

2 Subject matter of the contract

  1. The provider offers consulting services, especially business engineering, scientific consulting, and project management, as well as other related services.

  2. The services constitute consulting and support services. No specific economic or other success is owed.

  3. Consultations, analyses and recommendations provide a basis for decision-making and do not replace independent entrepreneurial assessment.

  4. Individual consulting mandates, project-related assignments or retainer agreements are governed exclusively by separate mandate agreements.

  5. In the event of a conflict, individual client agreements shall take precedence over these General Terms and Conditions. Otherwise, these General Terms and Conditions shall apply in addition.

3 Conclusion of contract and reservation of acceptance

  1. The packages and services presented in the e-services area do not constitute a binding offer, but rather an invitation to the customer to submit an offer.

  2. By booking a package online and paying in full in advance, the customer makes a binding offer to conclude a contract.

  3. The contract shall only come into effect upon express written confirmation of the order by the provider.

  4. The provider is entitled to reject contract offers without giving reasons.

  5. In the event of rejection, the amount already paid will be refunded in full. Further claims by the customer are excluded.

4 Prices, hourly rates and expenses, advance payment and commencement of services

  1. All packages booked in the e-services area must be paid for in full in advance.

  2. The service will only be processed or performed after full payment has been received and the order has been confirmed.

  3. The type, scope and implementation time of the service are determined exclusively by the information provided in the respective package description at the time of booking.

  4. The specified implementation deadlines shall only commence upon receipt of full payment and receipt of all necessary information from the customer.


  6. Hourly rates

    The following hourly rates apply to services billed on a time and material basis, including additional hours, individually agreed mandates or project-related assignments:

  • Business Engineering: 260 CHF per hour

  • Scientific consulting: 280 CHF per hour

  • Project management: 260 CHF per hour

  • Cybersecurity: 260 CHF per hour

  1. Expenses

    In addition to the hourly rates, expenses will be charged at cost as follows: 

  • Business Engineering travel time: 130 CHF/hour

  • Travel time Scientific Consulting: 140 CHF / hour

  • Travel time Project Management: 130 CHF / hour

  • Travel time Cybersecurity: 130 CHF/ hour

  • Car travel expenses: 0.70 CHF/km

  • Travel, accommodation and meals: according to actual expenditure

  1. Fixed-price packages

    For packages booked in the e-services area, the fixed prices stated there apply. Full payment must be made before the service begins.

    Additional hours or expenses exceeding the scope of the booked package will be charged separately in accordance with the above hourly rates and expense regulations.


  3. Individual mandates

    Individual mandates or project-related assignments that are agreed separately can be invoiced at an hourly rate or, depending on the agreement, as a flat rate. However, the above hourly rates form the basis for calculation, unless otherwise agreed in writing. In the event of contradictions, the provisions of the mandate agreement shall take precedence.


  5. Payment terms

  • Services charged on a time and material basis or additionally charged services must be paid within the agreed period after invoicing.

  • Fixed-price packages are payable before the service commences.


  • Payment terms for individual mandates

  • For individually agreed mandates or project-related assignments, billing is generally carried out on an invoice basis. Invoices are payable within 30 days of the invoice date without deduction, unless otherwise agreed.

  • The following discount rules apply for early payment:


  • 2% discount for payment within 5 days of invoice date

  • 1% discount for payment within 10 days of invoice date

  • From the 11th day onwards, the invoice amount is payable in full without discount.

5 Customer's obligations to cooperate

  1. The customer undertakes to provide all information necessary for the execution of the order in a complete, correct and timely manner.

  2. Delays or additional costs due to incomplete or incorrect information shall be borne by the customer.

  3. If the customer fails to fulfil their obligations to cooperate, this will automatically lead to delays, adjustments to deadlines and, if necessary, additional costs; the provider's claim to remuneration remains unaffected.

6 Exclusion of cancellation and withdrawal

  1. Once the contract has been concluded and the order confirmed, ordinary termination, cancellation or withdrawal by the customer is excluded.

  2. In the event of non-utilisation or termination by the customer, the provider shall remain entitled to full remuneration.

  3. Payments already made will not be refunded.

  4. The right to extraordinary termination for good cause remains unaffected.

  5. The customer reserves the right to prove that no damage or significantly less damage has been incurred, insofar as required by law.

7 Rejection or termination for good cause

  1. The provider shall decide at its reasonable discretion, taking the interests of the customer into account, to refuse or terminate the execution or continuation of an order if:

    • the necessary cooperation is not provided,

    • incorrect or incomplete information has been provided,

    • there are legal or ethical concerns.

  • If the rejection or termination is based on circumstances for which the customer is responsible, the claim for remuneration shall remain valid.

8 Liability

  1. The provider shall render its services to the best of its knowledge and belief.

  2. The customer bears sole responsibility for all business decisions and for implementing recommendations.

  3. If the provider implements measures on behalf of the customer, this shall be done exclusively at the customer's risk.

  4. The provider's liability is excluded to the extent permitted by law.

  5. In cases of slight negligence, the provider shall only be liable for breaches of essential contractual obligations and limited to foreseeable damage typical for this type of contract.

  6. Liability is limited to the amount of the respective order value.

  7. The limitations of liability shall not apply in cases of intent, gross negligence or injury to life, limb or health.

  8. Liability for indirect damage, consequential damage or loss of profit is excluded.

9 Confidentiality

  1. Both parties undertake to maintain confidentiality regarding all information that is not publicly known.

  2. This obligation shall continue to apply for a period of five years after termination of the contract.

10 Copyright and rights of use

  1. All concepts, analyses, strategies, documents and content created by the provider are protected by copyright.

  2. The customer receives a simple, non-transferable right of use for their own operational purposes.

  3. Disclosure to third parties or reproduction is not permitted without written consent.

11 Force majeure

The provider shall not be liable for delays or service failures due to force majeure or other unforeseeable events beyond its control.

12 Place of jurisdiction and applicable law

  1. Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. The exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship shall be – to the extent permitted by law – the courts of Basel-country, Switzerland.
  3. The provider is also entitled, at its own discretion, to bring disputes before the courts at the customer's place of business or any other legally permissible place of jurisdiction.

13 Severability clause

Should any provision of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected.

In place of the invalid or unenforceable provision, a provision shall be deemed to have been agreed which comes closest to the economic purpose of the original provision.


Muttenz, Switzerland, 4 March 2026