1. Applicability of these General Terms and Conditions
1.1 These General Terms and Conditions are applicable to all services and information provided by Global Arena. Unless expressly stated otherwise in an individual contract, these terms form an integral part of said contract.
1.2 By employing the services of Global Arena and/or using information provided by Global Arena, you agree to comply with these General Terms and Conditions, regardless of your place of business. Diverging terms are not accepted.
1.3 In the case of any provision of these General Terms and Conditions being/becoming invalid or any individual contract being incomplete, the remaining provisions retain their validity.
1.4 Global Arena reserves the right to change the content of these General Terms and Conditions at any time. Such changes do not apply to individual contracts previously concluded. A copy of the current General Terms and Conditions can be downloaded from the Global Arena website.
2. Services offered by Global Arena
2.1 The services offered by Global Arena aim at bringing together investors and locations via the Internet. Furthermore, Global Arena offers expert advice as to the most effective and efficient ways to make use of the foreign direct investment marketplace. Global Arena provides business-intelligence required by both businesses and governments.
2.2 In particular, Global Arena offers the following services:
a) Global Arena Search, a feature based on the internet that enables users to evaluate complex location information according to economic and social decision criteria.
b) Global Arena Consultancy, a service that assists businesses in developing location strategies and selecting locations as well as government representatives in developing economic locations.
2.3 Global Arena reserves the right to discontinue or change any part of its service without prior notice. This includes the restriction of a client’s access to the service in part or as a whole.
2.4 The services provided are open to businesses as well as governments. However, Global Arena does not address its services to consumers.
3. Obligations of the Client
3.1 The client agrees to provide all information required by Global Arena in order to render its services. Accuracy of this information is the client’s sole responsibility.
3.2 The client appoints a contact person with whom all communication between Global Arena and the client takes place. Any information delivered to the contact person is deemed to be received by the client.
3.3 Payment arrangements shall be specified in each individual contract. In the absence of such instructions, payment is due within 30 days from date of invoice.
3.4 Non-observance of these General Terms and Conditions as well as any additional terms specified in any individual contract entitles Global Arena to terminate the contract in question without notice. Civil and criminal liability remains reserved.
4. Limitation of Liability and Guarantee of Global Arena
4.1 Global Arena can only be held liable for any loss, financial or other, that can be associated with its service, if its agents, personnel or assistants have acted with intent or grossly negligent and only as far as Global Arena has contributed to the occurrence of the damage in question. This liability is limited to CHF 0,3 Mio. And to immediate and foreseeable damages.
4.2 The details of the services to be provided by Global Arena shall be specified in written form in each individual contract. Global Arena guarantees to render these services with due care. However, exceeding success is expressly excluded from this guarantee.
4.3 It can not be ruled out that any client or third party may use Global Arena’s services improperly or unlawfully. Global Arena does not accept liability in these cases. In particular, Global Arena can not be held responsible for false data provided by its clients.
4.4 Global Arena does not guarantee that its services are consistent with any applicable laws in any respective jurisdiction outside Switzerland. Hence the services of Global Arena are expressly not offered to clients subject to any jurisdiction that prohibits such offering as a whole or in part.
5. Third Parties
5.1 Global Arena’s internet services as well as its consultancy services consist in providing information and recommendations with regard to third party services. This does not mean that Global Arena is affiliated with any such third party.
5.2 Third party services are not controlled by Global Arena. In particular, Global Arena does not verify if any given third party service is correct or in compliance with legal provisions. Use of any third party service although recommended by Global Arena is at the client’s own risk.
6.1 Both client and provider may terminate an individual contract at any time with immediate effect unless otherwise expressly agreed in said individual contract.
6.2 In the event of a client terminating an individual contract prematurely, that client has to bear all expenses they already caused including compensation for damages and/or lost profit arising from the premature termination. Refund of already made payment can not be claimed.
6.3 Global Arena reserves the right to suspend its services completely or partially. If the services are not continued or if the contract is terminated without the client’s fault, advance payments will be refunded pro rata. Damages for lost profit or unnecessary expenses can not be claimed.
7. Jurisdiction and Applicable Law
7.1 The courts at the domicile of Global Arena have jurisdiction to settle any dispute which may arise in connection with these General Terms and Conditions. In addition, Global Arena may sue at the client’s domicile.
7.2 If in a conflict arising from the legal relations between the client and Global Arena these General Terms and Conditions do not provide a solution, Swiss law shall be applicable.
7.3 In the case of any provision of these General Terms and Conditions or any additional provision set forth in an individual contract conflicting with Swiss law, the law of the client’s domicile will be applicable and the provision shall remain in force nonetheless. In particular but not exclusively, this applies to sections 6.1 and 6.2 of these General Terms and Conditions.