updated: 08 March 2024

1.   Scope and Application of General Terms and Conditions

SINAPS GmbH (“SINAPS”), currently domiciled in Wetzikon, Switzerland, offers its services in connection with

a.    Personal Coaching services to facilitate your achievement of specific, agreed upon goals through a series of regular meetings, teaching and conversations (“Coaching”); and

b.    Various consulting services, which may include but are not limited to referrals to therapists, doctors and other specialists (“Consulting”).

These general terms and conditions (“General Conditions”) govern all services provided by SINAPS. They form part of any coaching or consulting contract and automatically come into force upon entering into such contract. They remain in force during the full duration of the coaching or consulting membership, and they may only be supplemented or amended by means of an express written agreement between SINAPS and SINAPS’s client (“Client”).

Services refer to (i) all instructions given to and accepted by SINAPS regarding Coaching services for the Client, (ii) any Consulting services expressly requested by the Client.

SINAPS and the Client (“Parties”) will agree on the specific conditions of a coaching assignment by individual written agreement  (“Coaching Agreement”) of which these General Terms form an integral part. In the event of conflicting provisions, the terms and conditions agreed upon in the Coaching Agreement shall prevail.

 It is understood between the Parties that the present General Conditions do not give the Client any exclusive rights, and that SINAPS is, at all times, free to provide its services to any other client(s).

Your use of our services is solely at your own risk and we do not accept any liability for loss, damage, claim or expense, whether direct or indirect and however caused, arising out of your membership and/or your use of our services or based upon the reliance of information provided by us. All warranties in respect to our services and/or information, whether expressed or implied are excluded.

 2.   Confidentiality

All relations with SINAPS are strictly confidential. The Client must treat all information obtained both during and after the end of the contractual relationship which was required for the execution of the services and which relates to SINAPS, its staff and/or clients, as confidential and must not pass it on to any unauthorised third parties unless required by Swiss law.

SINAPS will treat all information and documentation relating to Clients as strictly confidential and will not pass on any information to third parties without your prior written consent. This does not apply to information that SINAPS is legally required to submit to public authorities.

3.   Data Protection

To be able to provide the Services under this Coaching Agreement, SINAPS needs to obtain, some personal information about the Client. This includes but is not limited to the Client’s name, birthdate, contact details as well as information about Client’s health, background, and intimate life. Coach is committed to safeguard Client’s personal information, and will not sell or lease Client’s personal information to third parties. Where required, the Coach will ask explicit permission from the Client to collect and process certain sensitive personal information. Please refer to our current Privacy Policy (https://sinaps.ch/privacy-policy) for more details about the collection and processing of your personal information.

 4.   Coaching

4.1     Services provided by SINAPS

Together with the Client, SINAPS determines the relevant needs of the Client and develops on this basis a coaching plan and time schedule together with the Client.

4.2     Coaching Methods

You acknowledge that the coaching sessions may be personally, emotionally and physically challenging and that there may be occasions when you feel strong emotions such as sadness, frustration, annoyance and stress as a result of topics discussed. You agree to make all efforts and adjustments to your schedule to ensure you are at your peak physical, mental and emotional state and condition necessary for the conduct of the Session and if necessary will take the steps required to cancel or reschedule a Session in the event that you are not well enough to actively participate.

You will not hold SINAPS or any of it’s Coaches liable for any loss or cost incurred by you (or any person related to you) in the event of mental, physical, emotional stress or distress (or any other ailment or condition) caused either directly or indirectly in relation to the Coaching Session. You shall indemnify SINAPS and it’s Coaches in the event of any such claim.

4.3     Delivery of Sessions

Sessions may be carried out over the phone, video conferencing (Zoom, Skype, Whatsapp or similar) or in person at a mutually agreed place and time during the duration of the agreement.

4.4     Duration of Sessions

Sessions typically take place on a weekly basis and last 50-60 minutes (private and group sessions). You must be on time for your session, whether these take place in person, on video conference or over the phone. Failure to be on time for a session will result in a shortened session duration or cancellation.

4.5     Rescheduling Private Coaching Sessions

In order to reschedule a session at no cost, you must give a minimum of 24 hours notice. Sessions cancelled less that 24 hours in advance will be charged at 100% of the cost. If you cancel more than three sessions during the period of the agreement, SINAPS reserves the right to terminate the Coaching Agreement on notice to you in accordance with the provisions of termination.

If SINAPS is required to cancel a Session, then the Session will be rescheduled at a mutually agreeable time.

4.6     Rescheduling Group Coaching Sessions

Group coaching sessions take place at fixed dates and times and therefore it is not possible to reschedule a session.  

4.7     Contract Hold

Under specific circumstances you have the right to temporarily put your Contract on hold and to extend the contract duration. It is at the company’s sole discretion to place your contract on hold for a maximum of 12 months from the date of notification under the following circumstances:

·     You have experienced the onset or exacerbation of a serious medical condition

·     You have suffered a serious injury

·     You have experienced the death of a loved one living in the same home as you

4.8     Engagement of Coach

SINAPS agrees to provide Coaching to you during the duration of the agreement at the mutually agreed times and places. The Coaches of SINAPS will use their best endeavours to remain available during the duration of the Coaching Agreement. It may however be at the discretion of the primary Coach to refer you to another Coach within SINAPS or a certified Psychologist or Therapist either within SINAPS or externally as deemed necessary. You will of course be given the opportunity to meet and agree with the alternative Coach or Therapist should the situation arise.

4.9     Coach Training and Certification

SINAPS warrants that all Coaches have obtained dedicated Coaching Certification with a specific focus on ADHD. For details on qualifications and experience please speak to your individual Coach directly.

4.10  No Warranties

Coaching is an individualized process requiring engagement, dedication and commitment from the individual Client. SINAPS therefore makes no representation or warranty to you that any of the Coaching methods and techniques will work for your particular circumstances. You will therefore not hold SINAPS responsible for failure (in whole or part) to achieve any of your goals.

4.11  Group Coaching Sessions - Zoom Recordings

Please be aware that some of our Zoom sessions are recorded for the convenience of members of the group who cannot attend live, as well as to allow all attendees to review the content later. These recordings are stored securely on the platform and are only accessible by the participants enrolled in our programs. We may also share these recordings with our service provider based outside of Switzerland and the EU for specific administrative purposes. We take appropriate measures to protect your privacy and ensure secure handling of these recordings.

By participating in these sessions, you consent to the recording and sharing of the session.

If you wish to have a specific part of your contribution removed from the recording, please contact us within 24 hours of the session's conclusion to request its removal. After this period, the recorded data will be processed and used as outlined above

4.12  Intellectual Property Rights

You have no right to use, reproduce or distribute any of the presentations, processes, techniques,  tools, methodologies, precedents and materials  used by SINAPS and it’s Coaches during the Coaching Sessions (“Materials”). You must not at any time use or reproduce any Materials in any manner, shape or form, without the explicit and written consent of SINAPS. The exception is your own personal use as required to carry out the Coaching process.

4.13  Termination  of Contracts - no Refund Policy

Your contract with SINAPS will commence on the date payment in full is received.

All coaching packages, including self-learning, group coaching and private coaching are non-refundable. By agreeing to a payment plan, you are obligated to complete the payment in full until the outstanding balance is settled. Your commitment to the payment plan is not waived upon cancelling your contract.

In the event of delayed payment, we reserve the right to impose interest charges on the overdue amount. The interest rate will be calculated in accordance with art. 104 of the Swiss Code of Obligations.

Monthly coaching subscriptions will automatically renew unless cancelled in writing 7 days in advance. If cancelled less than 7 days in advance, your cancellation will take effect as of the next billing cycle. Written cancellations can be sent to info@sinaps.ch

 4.14 Non-Refundable Deposit

In the event the Client decides to enroll in the coaching program and the Parties mutually agree, the Client shall pay a non-refundable deposit of 500 Swiss Francs ("Deposit") to reserve a spot in the program. This Deposit covers administrative costs related to onboarding of the Client.

Deposit shall be credited towards the total cost of the program. After payment of the Deposit, the Client shall pay the remaining amount as per the payment schedule agreed upon by the Parties.

If the Client cancels their enrollment in the program after signing of the Coaching Agreement and/or accessing the Learning Platform but before full payment of the total program cost, the Client will still remain liable for payment of the entire cost, notwithstanding the earlier payment of the Deposit.

5.   General

5.1     Office hours

In general our office hours are Monday to Friday from 09:00 to 17:00 CET. Client questions and support will be provided during office hours and only in exceptional cases outside these hours. SINAPS reserves the right to terminate the Coaching Agreement on notice to you in accordance with the provisions of termination should you fail to respect the working hours such as through excessive texting and repeated telephone calls on evenings and weekends.

5.2     Complaints

If you have any questions or complaints about our services, please contact us directly. You can do so by calling us during regular business hours Monday to Friday 09:00 -17:00 CET on +41 79 333 3924,  or in writing to: SINAPS: info@sinaps.ch  

5.3     Conflict of Interest

SINAPS represents that it has advised the Client in writing prior to the date of signing this contract of any relationship of SINAPS or it’s employees which would present a conflict of interest with the services rendered, or which would prevent SINAPS from carrying out the terms of this contract or which would present a significant opportunity for the disclosure of confidential or personal information.

SINAPS will advise the Client of any such relationships that arise during the term of this contract. The Client will then have the option to terminate this contract forthwith without further liability to SINAPS, except to pay for services actually rendered by the point of time of such notice.  

5.4     Exclusion of SINAPS’ Liability

The Parties agree that SINAPS shall not be liable for any damage sustained by the Client deriving from any of the company’s employees or agent’s acts and/or omissions damaging the Client, including but not limited to any of the Client’s immovable or movable property, such as fixtures, material or machines. (Art. 55 and 101 of the Swiss Code of Obligations).

5.5     Reimbursement of Expenses

All travel costs, out-of-pocket expenses and other expenses incurred by SINAPS employees in connection with Coaching Agreements and paid by SINAPS, shall be reimbursed to SINAPS at cost plus a 5% administrative fee, plus applicable VAT, upon presentation of the original receipts to the Client.

5.6     Payment Term and VAT

The price payable for services provided by SINAPS will be outlined in your Coaching Agreement. Services will commence upon receipt of payment. We accept no liability for services, which are delayed as a result of your payment not being received, or being only partially received.

 All services provided by SINAPS are subject to the Swiss Federal Act on Value Added Tax (SR 641.20). Therefore, the applicable rate of VAT will be included in all amounts invoiced by SINAPS, excluding invoices to clients located outside of Switzerland.

All invoices are payable in full upon receipt, without any deductions to be made.

 If SINAPS does not obtain full payment for the services from you, we reserve the right to refuse the delivery of services and/or suspend services until payment is made. This does not affect any other rights of SINAPS.

5.7     Applicable Law and Jurisdiction

This agreement shall be governed by, and construed in accordance with the substantive laws of Switzerland.