Terms & Conditions
Welcome to advisorybay!
We are truly grateful that you have chosen to join in our revolution of the management consulting industry.
We are advisorybay AG (“ADB”) incorporated in Switzerland under company number CHE359367338. These are our terms and conditions. They will explain how our service works. Please read carefully as there is important information about your rights and obligations as a User of our service. There are three key parties described under these Terms and Conditions:
advisorybay: also referred to in this document as “ADB”, “Us”, “We”, “Site”, “Portal”, “Marketplace”, provides the service of a marketplace connecting supply from Consultants with demand from Customers.
Consultant: Management Consultants offering their services on the advisorybay marketplace.
Customer: Business Professionals buying services on the advisorybay marketplace. Also referred to in this document as “Client” or “Buyer”.
By using our Site, you indicate that you accept these terms and conditions and will abide by them.
T&Cs last modified: 20. December 2019.
The short version
advisorybay operates a marketplace platform allowing Customers to find and book Consultants. The marketplace also provides several services such as organizing project work, providing transparency of the work done, enabling project documentation as well as payment for performed work. The intention of the platform is to provide a fast, simple and flexible option for solving business problems and enable successful project delivery.
If a Customer and a Consultant decide to collaborate, they enter into a Service Contract, which is a contractual relationship directly between the Customer and Consultant. Customer and Consultant have complete discretion both with regard to whether to enter into a Service Contract with each other and with regard to the terms of any Service Contract. You understand, acknowledge and agree that advisorybay is not a party to such Service Contract, that the formation of a Service Contract between Users will not, create an employment or other service relationship between advisorybay and any Consultant or a partnership or joint venture between advisorybay and any User.
The parties to a Service Contract can, if they prefer, agree to the “Optional Service Contract Terms” which is made available by advisorybay in whole or in part, in addition to or instead of other such agreements. Examples can be requested through email@example.com and.
Services are offered on advisorybay through projects which come in 2 different forms:
1. “Projects” where the Customer choses to book a Consultant’s time.
2. “Offerings” where the Customer choses to book a specific offering delivered by a Consultant.
Services delivered in these ways on ADB are referred to in these terms as “projects”. Whether or not projects are offered by the Consultant and accepted by the Customer is entirely at the discretion of the Consultant and Customer. advisorybay has no influence over this process. The services are provided by the Consultant directly to the Customer, who agree and determine the scope of work, price and other requirements.
On commencement of a project the Customer must approve individual project tasks before work can commence. The Customer must pay for the work when completed as defined by their sign-off for a specific task.
The Consultant must provide regular progress updates and respond within one (1) working day to all messages from the Customer.
Consultants must deliver work within the delivery times as agreed with the Customer and defined in the individual tasks as described in the Work Organizer.
Consultants must fulfil their project tasks and Customers sign-off to pay for work delivered. Users can be penalised for cancellations or refunds caused by them, without just reason. Consultants must provide and be given the opportunity by the Customer to provide, at least one further iteration on the work delivered if the Customer is not satisfied.
Once an individual task has been completed the Consultant will raise an invoice to request payment. Consultants must not request payment upfront before work has been completed.
ADB is not a bank and only holds the funds for the purposes of settling the provision of services and specific invoices of Consultants. Funds held by ADB on the platform are not insured nor covered by any Financial Services Compensation Scheme or any other government agency.
ADB acts as an Agent of Payment between the Customer and Consultant. In return for full invoice payment by the Customer for the project, ADB agrees to discharge the Customers obligations relating to debts owed to the Consultant under this agreement. ADB takes its obligations to prevent fraud and money laundering seriously and reserves the right to delay payments to Consultants if fraud or money laundering is suspected. All payments for work completed must go via ADB unless ADB has given its express written permission otherwise in relation to a specific payment or invoice; attempts to pay outside of ADB will lead to sanctions not limited to immediate account suspension. Users must immediately report to ADB any offers to pay outside of ADB made by their Customer or Consultant. For the payment process to work it is essential that all users enter correct invoicing and bank payment details. The user is responsible for ensuring the correct details are entered. ADB will transfer money using the payment details provided and will not be responsible if funds end up in the wrong place because a user has entered incorrect payment details.
Once payment has been made, Customers are granted all rights for the delivered work results by the Consultant.
Contacting & Profile Visibility
For purposes of service messages, notices, offers and news about ADB, Users receive alerts on certain pages and emails to the email addresses associated with their accounts. If you do not want to receive newsletters, announcements, or other communications and/or services from our Site, please do opt-out for those communications or services in the “Account Settings” menu. Users have the option to deselect 2 types of notifications, i) Receive messages from other users, ii) Receive newsletters.
In addition, users can choose to hide their profiles from being visible in the public platform. Only users with a working relationship will be able to view each other’s profile within the project context. By accepting these terms, Consultants automatically opt-in to receive emails from ADB stream, the communication functionality built into the ADB portal. ADB Stream is a web-based messenger to allow communication between Customers and Consultants. Consultants can be directly contacted by Customers through ADB Stream and be invited to participate in a project via the ADB platform. Customers cannot be contacted directly by the Consultants. This is only possible if there is an active project based on a contractual relationship between Customer and Consultant.
The main benefit for a consultant to register their profile on our marketplace is to have access to customers/business. In order to attract such customers, ADB will market the platform, consultant profiles and services offered to customers. In such marketing, we may use pictures or videos of the platform to illustrate functionality, people or services offered. Such information might be displayed on professional networking sites, video hosting sites, shared directly with potential customers by email or link to the portal or on other social media sites by ADB, corporate partners or companies we work with to support the marketing effort. Simply put, a consultant is on our site to do business and in order to generate demand, we must be able to tell the world that we are here. By accepting these terms and conditions you do agree that ADB, corporate partners or advertising agencies can display your profile information as part of the marketplace and in advertisement/marketing of the marketplace.
Registration and user accounts
To access the full functionality of our site, Users must register. Registration can be done manually or by using your LinkedIn account. It is crucial, particularly for Consultants, that the account profile is registered with complete and accurate information that is kept up to date as this is how Customers can find you. Customers (Customers) will also follow a similar registration process. Any customer profile information beyond the required email is optional. The Customers profile will only be visible to Consultants in a collaboration with an existing project. The information in the Customers profile is therefore beneficial for the Consultant to understand the Customers situation and how to best help.
Each account is personal, but Users can work as a sole trader, company or any other legal entity. Users cannot register for more than one account, but it is possible for a Consultant to have a dual account so they can also buy services as a Customer (Customer).
The information provided in the User Profile must be correct, relevant and professional. We reserve the right to restrict access for any user that:
- Are in breach of these Terms and Conditions
- When the information provided is false
- If there is a risk that your actions may cause any loss or liability
- When rude, offensive or improper language or imagery is used
- If there is evidence of discriminatory or abusive language/behaviour
A Users is responsible for any activity that occurs on their account, except as a result of actions beyond their control. Users may never use another person's user account, information or identity.
Consultant profiles on advisorybay
We have designed a new way of doing business for a particular type of service. When doing so, we had a specific type of professional profile in mind. We believe our service would work best with either Management Consultants that have received formal training from one of the large consulting firms or professionals with a long, proven track record of successful professional services delivery from industry. We therefore reserve the right to restrict access to the marketplace for candidates that do not fulfil some of the following criteria:
- Have been trained by and have experience from a well-known and respected consulting house or long, proven track record as business professional with a strong customer service focus
- Have significant consulting and/or business experience (>8 years)
- Are self-driven and do not need support or guidance on how to deliver work in the area(s) they specialize in
- Can clearly and succinctly describe the type of services they offer to a Customer
- Excel at remote working and can effectively manage customer relationships even without any face-to-face interaction
You must be free to do business, as a business, through a legal entity. In doing your business, you must be compliant with applicable local law. You must also be free from obligations under any current or previous employment contract. We will never ask you to terminate any other contract or employment relationship you have. As a professional businessperson you understand and take complete responsibility for such matters and agree that ADB is in no way, under any circumstance, responsible for you being in breach of the above.
You confirm that you are not economically barred/limited under sanctions rules of any country worldwide. If your circumstances change to be included in such lists, please cease using our services immediately.
Due to international sanctions we are unable to support Users from North Korea, Iran, Syria, Cuba, North Sudan, South Sudan, and the Region of Crimea or countries that are temporarily under international sanctions. The platform won’t be available from these countries.
Customers on advisorybay
advisorybay provides a business to business service. Customers on advisorybay must be set up to do business as a legal entity. As a Customer, when booking a Consultant, you must be able to do business and pay for work delivered.
advisorybay will never ask a Customer to terminate any existing contracts or relationships with any business partner.
Contractual relationship between Customer and Consultant
This section discusses the relationship you may decide to enter into with another User, including Service Contracts between Users, as detailed below.
If a Customer and Consultant decide to enter into a Service Contract, that Service Contract is a contractual relationship directly between the Customer and Consultant. Customer and Consultant have complete discretion both with regard to whether to enter into a Service Contract with each other and with regard to the terms of any Service Contract. You understand, agree, and acknowledge that advisorybay is not a party to any Service Contract, that the formation of a Service Contract between Users will not, under any circumstance, create an employment or other service relationship between advisorybay and any Consultant or a partnership or joint venture between advisorybay and any User. With respect to any Service Contract, Customers and Consultants may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.) provided that any such agreements do not conflict with, narrow, or expand advisorybay’s rights and obligations under these Terms and Conditions.
The Optional Service Contract Terms are provided by ABD as a sample only and may not be appropriate for all jurisdictions or all contracts. Users are responsible for complying with any local requirements. advisorybay does not assume any responsibility for any consequence of using the Optional Service Contract Terms. The Optional Service Contract Terms are not intended to and do not (a) constitute legal advice, (b) create an attorney-client relationship, or (c) constitute advertising or a solicitation of any type. Each situation is highly fact-specific and requirements vary by situation and jurisdiction and therefore any party should seek legal advice from a licensed attorney in the relevant jurisdictions. advisorybay expressly disclaims any and all liability with respect to actions or omissions based on the Optional Service Contract Terms. Please refer to the advisorybay Payroll Agreement for Service Contracts using advisorybay Payroll.
The Work Organizer, detailing the work tasks to be performed as part of a project, serves as the statement of work specifying the details of the work. In addition, the Customer and Consultant can create a Service Contract.
Users may agree to any terms they think appropriate with respect to confidentiality, including those presented in the optional Service Contract template. If not articulated in such a separate agreement between the Users, then they agree that this Section “CONFIDENTIAL INFORMATION” applies. Should a User provide Confidential Information to another, the recipient will protect the secrecy of said information as it was their own, and never with less than due care. If requested in writing, the User who shared Confidential Information can request from the User they shared it with that they should destroy or return any and all copies of the information. advisorybay will provide industry standard measures to secure any content or information stored on our sites but will not be liable for how other users with rightful access to such content decide to use it.
It is the intent of the Parties to this Agreement that Users who have entered into Service Contracts or disclosed or received Confidential Information from another User are third-party beneficiaries of this Agreement with respect to this section of the Terms and Conditions.
A Customer can buy time from a Consultant to help with work tasks agreed between those two parties. These work tasks will be structured into projects that come in 2 different forms:
1. “Projects” where the Customer chose to engage a Consultant. Projects come with one or more tasks which are priced per hour, within a Customer defined budget limit
2. “Offerings” where the Customer chose a specific offering delivered by a Consultant. Offerings come with one or more milestones which are priced per hour, within a predefined offering budget limit
Services delivered in these ways on ADB are referred to in these terms as “projects”. Whether or not projects are offered by the Consultant and accepted by the Customer is entirely at the discretion of the Consultant and Customer. advisorybay has no control over this process. Services are provided by Consultants directly to Customers, who determine the work, price and all other requirements.
Booking and completing projects
When booking a Consultant or an offering on ADB, the Customer enters into a service contract for project work with the Consultant. Each project is built up by one or more individual tasks. The portal “Work Organizer” tool allows to add new tasks within a project and provides an effective way to manage the lifecycle of tasks from definition, approval, documentation, sign-off and payment.
The detailed process of booking a new project or offering and subsequent adding and executing of individual project tasks is described below.
1. Project or offering booking by Customer:
Before booking a Consultant, make sure you have confirmed the Consultant’s availability for this project. On booking a Consultant or an offering the Customer enters into a project work service contract with the Consultant. By booking a Consultant the Customer must define the initial Consultant hours needed no less than one hour. On confirming a new project is created in the project management tool.
2. Consultant accepting or rejecting the booking:
Once the project or offering is booked, the Consultant must respond within two (2) working days to confirm they are accepting the project booking and work has started. This is done by selecting “Accept Project” in the ”Work Organizer”. If the Consultant does not accept the booking, the project will not start and no payment request will be made. The Customer then may choose to cancel the project.
3. Purpose of the first task:
The Customer and Consultant can mutually agree on how to use the first task. In the case the Customer intends to use the Consultant beyond an initial task, it is recommended to use it as a briefing session to align on the future work scope and the Customer’s requirements. In the case the Customer only needs an initial task of the Consultant (e.g. sparring session) it is the Customer’s responsibility to agree on purpose and goals of this hour upfront via ADB Stream. Completion and payment of the first task see section 6 and 7 in this list.
4. Consultant or Customer adding new tasks:
At any stage of the project the Customer or the Consultant can add new project tasks for further work. It is the responsibility of the Customer to ensure the Consultant understands the scope, requirements, due-date and expected effort of a new task. Either the Consultant or the Customer will start adding a new task in the “Work Organizer”, document the work scope and requirements in alignment with the Customer’s expectation, add the appropriate task(s) due date. Both parties can edit and amend the task details as long as it is not approved by the Customer. Typically, the Consultant will add the required effort. The Consultant also has complete discretion to adjust its hourly rate if needed. Once the task description is completed the Consultant will request the Customer to approve the task.
5. Customer approval of new task
After requesting for approval by the Consultant, the Customer will receive a notification to approve the new defined task. Once the Customer agrees on the scope and effort of a new task, the Customer can approve it. This approval represents a financial commitment on behalf of the Customer to pay the invoice for services completed upon receipt. Only after task approval the Consultant will receive a notification signalling the task is ready to get started.
In the case the Customer is not approving a new task, this task is not funded, and the commencement of work cannot start. Both parties have the option to go back to amend the task details with the purpose to get the Customer’s approval to start the task.
6. Completion and request for sign-off
The Consultant is requested to complete the task within the indicated task duration and to upload all agreed work results in the corresponding task section of the Work Organizer. During the work on tasks, the Consultant is requested to provide regular updates to the Customer and respond within one (1) working day to the messages of the Customer. Once the full task scope has been finished, the Consultant must request for Customer sign-off.
7. Sign-off & pay-out of a task
On receipt of a sign-off request, the Customer has a maximum of 10 working days to sign-off the task. Once signed off, an invoice can be raised by the Consultant in the Work Organizer tool. The Customer agrees to pay the Consultant based on the time spent, not on the real or perceived quality of any work results provided.
8. Rework & Revisions:
Alternatively, if the Customer is not satisfied with the work, they can request rework and provide the Consultant with detailed feedback on what work remains outstanding. The Consultant must provide, and be given the chance to provide, at least one revision of the work based on detailed feedback from the Customer; if the Customer does neither i) leave feedback for the Consultant, nor ii) reject the sign-off, the task will be released for invoicing after ten (10) days.
9. Sign-off reminder process:
During the sign-off process the following reminder process will take place. After 5 working days after sign-off request by the Consultant, the Customer will receive daily reminder emails to sign-off the work done by the Consultant. On the 9th and 10th days after sign-off request the Customer will be reminded that the task will be automatically signed off should they fail to respond.
10. Task extension:
In the case the Consultant expects to spend more time on a task than initially estimated they will have to add a new task as extension in the Work Organizer and request for approval by the Customer. This task extension should be announced and explained to the Customer in due time to avoid surprises. An extension is treated like a standard task and all before mentioned rules will apply.
If the Customer signs off work and settle their invoices, the Consultant and ABD will be entitled to assume that the Customer is satisfied with the work.
All direct messaging between the Customer and the Consultant must go via the ABD Stream messenger.
Projects rules and good practices
For projects and tasks, the following rules apply on the ADB platform:
- Projects will stay active and open for future use and extension of project tasks.
- Projects can have any number of project tasks.
- Project tasks will be closed for completion in accordance with the points above.
- Consultant are free to work on multiple approved tasks at the same time.
- Every task has a set price as defined and approved.
- Once defined and approved, the task effort cannot be changed.
- Any extra effort due to client request will have to be treated as additional task.
- In the case the Consultant expects to spend more time on a task than initially estimated they will have to add a new task as extension in the “Work Organizer” tool and request approval from the Customer. This task extension should be announced and explained to the Customer in due time to avoid surprises. An extension is treated like a standard task and all before mentioned rules will apply.
For projects the following good practices should be applied on the ADB platform:
- Both parties should understand and agree the scope, requirements, due-date and expected effort of any new task to be added to the project.
- Both parties should stay in regular conversation to be aligned on progress, challenges, needs and expectations at any time.
- Tasks which have not been approved by the Customer or accepted by the Consultant can be deleted anytime. It is recommended to delete outdated old tasks.
- It is recommended to choose reasonably sized tasks, with regards to effort, with clear scope of work description to best meet the Customer’s expectation.
Protection for Consultants
The ADB platform provides several protection measures for the Consultant:
- Customer funds for each approved task are secured upfront
- Automatic sign off after a set time period, with multiple reminders, if the Customer does not provide final task sign-off
- Work Organizer tool to force mutually agreed & documented requirements, status and results
- Dispute process based on documented work and communication in Work Organizer
Protection for Customers
The ADB platform provides several protection measures for the Customer:
- Work Organizer tool to provide clarity for agreed & documented requirements, status and results
- Work will commence upon Customer’s approval only
- Full flexibility of starting, stopping tasks
- Payment processes only triggered upon Customer sign-off
- Financial risk is limited to funds allocated to approved task
- Dispute process based on documented work and communication in Work Organizer
advisorybay is using trusted and well-known global payment channels to secure Customer fees from all countries in scope. ADB is also using established and well-known global pay-out methods such as SEPA, Swift and others to allow for a timely and reliable pay-out of fees owed to the Consultant. advisorybay will always strive to optimize payment methods for transfer of funds between Customers and Consultants in a fast, convenient, safe, efficient and affordable way.
All payments between Customer and Consultant must be processed through ADB, both for work sourced on ADB and for any follow- on work between the Customer and Consultant, either for the same project or another project. A Consultant may seek express written permission from ADB to allow payment by alternative means for a specific invoice or payment if the Consultant intends to issue proceedings or pursue legal action against the Customer.
The payment process is triggered by the issue of an electronic invoice to the Customer, either automatically by ADB invoicing run picking up all signed-off tasks or manually by the Consultant as agreed with the Customer. Payment terms for the Customer are 10 working days.
Payments by Customers are routinely checked by ADB for fraud prevention purposes, before any payments are released to the Consultant. ADB aim to process these payments to the Consultant ADB as soon as possible, however ADB reserve the right to take up to ten (10) working days. In addition, the bank or payment collector nominated by the Consultant may require additional time to clear the funds and convert to other currency. ADB cannot guarantee service levels of such third parties and extra time and/or cost may apply.
In order to receive payment from ADB, the Consultant must enter valid payment details in their profile.
Quality of work
Every Consultant on advisorybay must strive to deliver a high-quality standard of work in line with the Customer’s needs and expectations. The Customer will sign-off any deliverable before triggering the payment process and provide feedback when a job is complete, so it is in the Consultant’s best interest to meet the Customers expectation. In case of any doubt, we specifically suggest Consultants to provide work results to the Customers that:
- Are error free
- Address the Customer`s defined requirements or promises made by the Consultant
- Meet or exceed the Customer`s expectations
- Meet the document formats, templates, standards agreed with the Customer
- Are on time (e.g. work results made to agreed milestones and actions addressed by the agreed timeline)
- Meet the standards indicated by your description of the service to be provided or level of expertise indicated in your Consultant Profile
As Consultant, stick to common standards for management consulting work, meet or exceed Customer expectations, deliver more than was promised and you will be fine.
advisorybay is not a delivery partner and will under no circumstance be responsible for the quality of work provided by an independent consultant or business expert registered on our marketplace.
When the project is completed and the Consultant has been paid by the Customer, both parties are asked to provide feedback for the other party within 30 days. No user will be able to submit feedback beyond this time.
The rating of an individual will be an important selection criterion for others looking to do business with this individual. We therefore ask that all users provide feedback on all people they worked with in a constructive, relevant and professional manner.
Be honest in your feedback. Do not falsify or in other ways manipulate feedback. Any attempts of this nature should be reported immediately to advisorybay.
Feedback comments that are reported to us as offensive or abusive may be removed at our discretion.
If a Consultants consolidated Customer feedback drops below 3 (on a scale of 1-5) we reserve the right to contact said Consultant to suggest performance improvement measures. If the feedback rating does not improve or further declines, we reserve the right to suspend the user account from being active.
Cancellations and refunds
In general, a project task that has been approved by the Customer to start will have a financial commitment and cannot be cancelled or refunded. However, there are situations where a project task can be cancelled:
- If there is no response from the Consultant after repeated attempts to contact the individual over a period of ten (10) business days when the Consultant`s Profile indicates they are available.
- In cases of significantly late or incomplete delivery.
- If there are significant quality issues with the delivery that does not meet the expectations agreed with the Customer and documented in the “Work Organizer” Tool.
In such cases, the Customer may at its own discretion contact the ADB Support with all relevant details about the project using the support form. ADB Support will review the request and following a review, we may decide to cancel the project. advisorybay is not obliged to provide a refund but may do so after a review of the case finds that one of the above conditions have not been met or these terms and conditions have been breached.
Should the Customer fail to pay invoice(s) issued for work they have already signed off, the Consultant can trigger a dispute process by contacting ADB Support. In such cases, ADB may reach out to both parties in order to mediate and try and bring the Dispute to resolution.
ADB will aim to make a resolution decision on behalf of both parties within seven (7) days. If a mutual resolution has already been agreed between both parties, then the dispute will either be cancelled or resolved in line with the mutual agreement.
In the event of having to make a resolution decision, ADB will use information from the Work Organizer and ADB Stream communication between the two parties as sole evidence, and consider:
- if both parties are acting in good faith and have tried to resolve the issue between themselves before contacting us, including at least a second attempt made between both parties to complete or rectify the task(s)/deliverables;
- if the work was delivered according to agreed milestones.
- for Disputes concerning the quality of the work delivered: ADB will consider whether the Consultant has met general quality standards as defined in section “quality of work”. Assessments on quality i) down to perceived taste, or ii) requiring specialist technical or subject matter expertise, will not form part of the resolution decision;
- if the Customer and Consultant have complied with these terms and conditions.
- In the event of having to make a resolution decision on behalf of the parties, ADB will notify both parties within fourteen (7) days of the Dispute. Our involvement with the Dispute ends once the resolution in relation to the Dispute has been communicated. Both parties are asked to respect the outcome of the process and outstanding invoices due should be paid.
Users agree and accept that any payments and/or other actions made by ADB in accordance with the resolution decision of a Dispute are made in good faith and Users shall have no cause of action against ADB (whether in contract, tort or otherwise) in respect of the resolution decision or any such actions or payments made pursuant to it. Users further agree and accept that they have no right to seek to hold ADB liable for a Customer or Consultant’s alleged actions or failures.
ADB reserves the right to charge Consultants a Service Fee for the use of ADB as intermediate platform. The standard Service Fee is 15-20% of the hourly rate.
In addition to the service fees ADB might charge fees related to external money transfer charges. These fees will depend on the chosen payment-method and typically range from 0€ - 25€ per transaction. We strive to optimize the payment fees for transferring funds to the Consultants by using the most cost-effective and safe methods (e.g. low-cost SEPA payments in EUR within Europe). The Consultant can influence the transfer costs by choosing the best pay-out method.
advisorybay is encouraging existing Users to introduce our marketplace to potential Consultants and/or Customers. If you help introduce potential successful users to our platform, we have the option to reward you.
1) When a User refers a new Consultant to the site using the special hyperlink found on the landing page when logged in, which will create a relationship between referring user and Consultant referred. It is recommended that the User supports their referral during the registration process and provides coaching for how to achieve their first booking. When a referred Consultant has generated more than $20 000 revenue and is in good terms, we will pay up to $1 000 incentive fee.
2) When a User refers a new Customer to advisorybay, using the special hyperlink found on the landing page when logged in, which will create a relationship between referring user and Customer referred. When a referred Customer has generated more than $10 000 revenue and is in good terms, we will pay up to $500 incentive fee.
Changes to the Incentive Program
We reserve the right to change or stop the Incentives Program at any time with or without notice. Any modification we implement to this program shall not make us liable for potential future benefits that may or may not have materialized. Benefits already accrued under the Incentive Program at time of change will not be affected.
advisorybay reserves the right to not grant or to remove any previously awarded incentives from a User should they be in breach of our terms and conditions. We may suspend a User account and remove any benefit gained under this Incentive Program if we suspect fraudulent activity, at our discretion.
General terms of website use
The “advisorybay terms of website use“ defines how Users may make use of ADB whether as a guest or a registered user. They contain important information so please read them carefully.
Unless otherwise stated in a potential Service Contract between Customer and Consultant, ownership of any documentation or work results created during a project with associated intellectual property rights befall the Customer upon successful payment of the Consultant.
If you breach these Terms and Conditions
If we find that you are in breach of these Terms and Conditions, we are unable to authenticate your profile information or believe that your actions may cause loss or liability to ADB or any of its Users, we reserve the right to:
· Ask you to stop/amend and warn about future consequences if you do not
· Warn other Users about you
· Restrict your access to the Portal
· Temporarily or permanently freeze your account
· Stop any project tasks you have in progress
· Remove an entitlement to potential incentives
· Stop/freeze payment for project work
These terms and conditions are governed by and construed in accordance with Swiss Law. The courts of Switzerland shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation.
In these terms and conditions:
1. ‘ADB' means the website with the domain name www.advisorybay.com or advisorybay AG as the context so requires;
2. ‘ADB User Account' means a User’s ADB persona, profile, settings, activities, invoices, transactions and funds balance;
3. 'ADB Stream' is where all the communication between Customer and Consultant is conducted in private. Via ADB Stream, the parties can exchange information including attachments, send a Proposal or raise an Invoice, make payments, request a refund or raise a Dispute in relation to a project.
4. 'Customer' means a person buying services from a Consultant/Management Consultant/Expert on ADB;
5. ‘Consultant’ means a person or entity, with the ability to provide professional services to a Customer on the advisorybay marketplace;
6. ‘Content' refer to presentations, excel-files, word-files, data, text, photographs, videos, audio clips, written messages and comments, blogs, graphics, profile content and interactive features, provided, or otherwise made accessible on or through ADB;
7. 'Guest' means an unregistered user of ADB;
8. 'Project' is a service contract between the Customer and the Consultant that commences with the booking of a Consultant by a Customer and the acceptance of the booking by the booked Consultant.
9. 'Project task’ refers to work agreed within a project when the Customer approves a project task; it means a piece of work within a project, that a Consultant and Customer agree via ADB platform, to be provided by the Consultant to the Customer.
10. ‘User' means any registered person who uses ADB;
11. ‘User Content' means all Content uploaded, submitted, distributed, or posted to the services by Users, including without limitation, Proposals and communication via the ADB Stream. User Content does not include any work results, materials, or intellectual property therein arising from a project, which shall be assigned to the Customer on successful payment for the project. User Content is the sole responsibility of the person who originated it;
12. ‘Work Organizer’: The portal work organizer tool is the central place to effectively manage the project work. It allows to add new tasks within a project and allows to manage the lifecycle of tasks from definition, approval, documentation, sign-off and payment.
Disclaimer of warranties
Your use of our website or any services obtained through it is at your own risk. Any service provided is on an “as is” and “as available” basis, without any warranties of any kind. This does not include warranties that cannot be excluded under applicable law.
Under no circumstance is ADB employees, agents, officers, directors or service providers be liable for damages of any kind arising out of or in connection with your use or inability to use our website and any content or services obtained through it or any other website linked to it. , websites linked to it, content on either website. This includes any direct, indirect, special, incidental, consequential or punitive damages, included but not limited to, personal injury, pain and suffering, emotional distress, loss of use, profits, revenue, goodwill, data, business or anticipated savings, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not include liability that cannot be excluded under applicable law.
Fraud and money laundering
ADB takes its obligations to prevent fraud and money laundering seriously. We will monitor for such activity and reserves the right to delay/freeze payments to Consultants if fraud or money laundering is suspected.
The following related policies should be considered part of these Terms and Conditions. They can be accessed via the ADB platform by the following links:
- General Terms of website use
- Legal Terms