General Terms and Conditions of Sale
Scope
These terms and conditions apply to all purchases/services from Yoami GmbH made by private customers and legal entities.
Prices
The prices quoted are final prices including any value added tax. The amount shown at the time of the binding order/order placement shall apply.
Payment
Payment for the service is made by means of
- Invoice (monthly invoice at the end of each month)
- Twint (for immediate payment after the lesson)
Default of payment
If the customer is in default of payment, Yoami GmbH shall be entitled to demand interest on arrears at a rate of 5 percentage points per annum. If Yoami GmbH can prove that it has incurred higher damages as a result of the delay, Yoami GmbH shall be entitled to claim such damages.
Service
(1) The service is provided either in a personal/online meeting or, in the case of assignments that require the tutor to work alone, at the agreed time.
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, Yoami GmbH's obligation to perform is excluded.
(3) Yoami GmbH may refuse performance without justification. Yoami GmbH may terminate the contractual relationship with the customer without justification. Yoami GmbH is not obliged to fulfil the service/order and cannot be held liable in any way in the event of termination of the contract. Work already performed will be charged to the customer.
(4) Yoami GmbH only creates templates which can be used by the student as an aid for the preparation of a thesis. The direct use of the texts and codes written by Yoami GmbH and its contractors and its contractors is at the sole responsibility of the client/student. This procedure is not recommended by Yoami GmbH. Yoami GmbH cannot be held liable for possible ghost-writing, as the texts were not written for direct adoption, but merely as possible sample copy.
Disclaimer
Yoami GmbH (hereinafter referred to as "the Company") provides statistical services aimed at helping students to complete tasks in the field of statistics and data analysis. The Company recognizes the importance of academic integrity and expects its clients to comply with the applicable rules and regulations of their respective educational institutions.
By using the services of Yoami GmbH, you agree that the company is not responsible for any plagiarism or academic dishonesty resulting from the use of the texts and codes provided. In particular, the following applies:
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The company provides assistance with statistical analysis and interpretation of data, but is not responsible for the creation or compilation of content presented as the client's own work.
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The customer is responsible for using the supplied texts and codes in an appropriate manner and for complying with the applicable rules and regulations of its educational institution, including rules on citing sources and acknowledging help.
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The Company assumes no liability for any negative consequences resulting from the use of the supplied texts and codes, including, but not limited to, sanctions or disciplinary actions related to plagiarism or academic dishonesty.
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The Customer agrees to indemnify the Company against all claims, liabilities, damages, losses, costs and expenses (including legal fees) arising directly or indirectly from the use of the supplied texts and codes or from breaches of this disclaimer.
By using Yoami GmbH's services, you acknowledge that you have read and understood this Disclaimer and agree to be bound by its terms.
Retention of title
The delivered goods (works, codes) remain the property of Yoami GmbH until all claims against the customer arising from the order have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
Refund
If the customer complains about the performed service of Yoami Ltd., he can demand a refund of what has already been paid. If the service/work has not yet been paid for, the customer may waive payment. Defects and waivers of payment only apply to physical deliveries such as work/code, etc. The customer must record in writing why he/she wants a reclaim/non-payment. The claim for non-payment/recovery may be filed within two weeks of the initial invoice. Claims submitted later will not be considered. In case of reclaim/non-payment by the customer, any right to use the service/work performed by Yoami Ltd. shall be forfeited. Yoami GmbH reserves the right to take legal action against the customer in case of disregard of this rule.
Applicable law
The contract concluded between you and Yoami GmbH is governed exclusively by Swiss law.
Status: 01.01.2023