Status: Zurich, July 01, 2024

Scope of application and conclusion of contract

These General Terms and Conditions (GTC) apply to all current and future business relationships between arra-endlichmontag gmbh and the customer, unless otherwise agreed. Any deviating terms and conditions of the customer will only become part of the contract if they are expressly recognized in writing by arra-endlichmontag gmbh.

Offer and conclusion of contract

Before the contract is concluded, the customer usually receives a written offer that is valid for 30 days. The contract is concluded as soon as the client accepts the offer in writing (by post or e-mail). Changes to the order made verbally by the customer can also be accepted and executed by arra-endlichmontag gmbh.

All appointments agreed in the offer are non-binding. However, if agreed appointments are canceled within less than 72 hours, they must be charged at half price.

Changes to technical or regulatory framework conditions after conclusion of the contract may lead to delays or additional costs, which must be borne by the customer. 

Obligations of the customer to cooperate

The customer undertakes to provide the necessary support to fulfill the contract. Inadequate cooperation may result in arra-endlichmontag gmbh withdrawing from the contract after two written reminders (by post or e-mail) and charging for the expenses incurred. In addition, the client is responsible for efficient project management; delays due to breaches of duty shall be borne by the client.

Costs and prices

Unless otherwise stated, prices in offers are guide prices in Swiss francs (CHF) and exclusive of value added tax (VAT). 

If the arra-endlichmontag gmbh team has to perform additional work due to deviating requirements of the client, this additional work will be invoiced accordingly in accordance with the hourly flat rate.

Travel costs will be invoiced according to proof (Switzerland: half-fare, 2nd class). Travel time will be charged at 50% of the hourly rate of CHF 180. 

If not provided by the client, moderation material for workshops will also be invoiced according to proof or as a lump sum.

Terms of payment

arra-endlichmontag gmbh may invoice the expenses incurred on an ongoing basis. Invoices are due for payment within 14 days of the invoice date. If payment is more than four weeks overdue, arra-endlichmontag gmbh is entitled to terminate current contracts or suspend services

Involvement of third parties

arra-endlichmontag gmbh may carry out work itself or assign it to third parties. Contracts with third parties may be concluded in the name of the client if their costs are included in the offer. Contracts with third parties may be concluded in the name of the client in consultation with the client.

Data and materials

The customer shall provide arra-endlichmontag gmbh with all data and documents required for the execution of the order in good time and free of charge. Both parties retain ownership of the materials provided. The customer undertakes to make backup copies of the data provided.

Secrecy

All information exchanged within the scope of the business relationship must be treated confidentially. This obligation also applies beyond the duration of the cooperation. arra-endlichmontag gmbh reserves the right to name the client and the projects as references.

Rights of use

After full payment, the customer receives a non-exclusive, non-transferable right to use the products developed for him/her. Any further use requires the written consent of arra-endlichmontag gmbh.

Non-compete clause

arra-endlichmontag gmbh is not subject to any automatic non-competition clause vis-à-vis its customers

Contract termination

If the customer withdraws from the contract through no fault of arra-endlichmontag gmbh, the customer shall owe at least 25% of the net order value as compensation.

Final provisions

Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected. Amendments to these GTC must be made in writing.

The place of jurisdiction is Zurich and Swiss law applies.