1. Scope of Application
The following General Terms and Conditions (GTC) apply to the entire business area of fastforward websolutions GmbH (hereinafter referred to as the "Provider"), i.e., all services provided by the Provider itself.
Customers (hereinafter referred to as the "Customer") who make use of a service provided by the Provider thereby accept these GTC unless they expressly request a different arrangement.
All provisions and conditions that deviate from these GTC must be agreed upon in writing between the Provider and the Customer.
2. Conclusion of the Contract
Contracts between the Customer and the Provider are concluded through mutual declarations of intent. Contracts must be concluded in writing and must contain the ordered service, the price, deadlines, and other essential elements (rights and obligations, responsibilities) relevant to the contractual relationship. If the Customer accepts an offer from the Provider, a contract is created for the service described in the offer.
3. Rights & Obligations of the Provider
3.1 Provision of Services
Unless otherwise agreed, the company fulfills its obligation by providing the services agreed upon in an offer or an individual contract.
3.2 Subcontractors
The Provider has the express right to engage subcontractors to fulfill its contractual obligations. The Provider must ensure that the subcontractors are engaged in compliance with all mandatory statutory provisions and any applicable collective labor agreements.
4. Terms of Payment
Invoices must be paid within 30 days from the invoice date. If payment is not made within this period, the Customer will be sent a single reminder, setting a new payment deadline. The reminder fee amounts to CHF 20.00. The Provider reserves the right to initiate collection of the invoice amount immediately after this period has expired. In this case, the Customer will bear the costs of legal proceedings.
In the event of a change in the statutory value-added tax, the Provider is entitled to adjust the remuneration accordingly from the time the change comes into effect.
5. Ownership
All code developed by the Provider remains the property of the Provider. The Customer receives an unrestricted right of use for all project-specific and customer-specific developments.
All code that was not developed specifically for the Customer but is required for the operation of the solution would be made available in binary form in the event of termination of the collaboration.
6. Severability Clause
Should any provision of these GTC be or become invalid, this shall not affect the validity of all other provisions of the GTC. The invalid or unenforceable provision will be replaced by a provision that reflects the meaning and purpose of these GTC.
7. Applicable Law / Place of Jurisdiction
Swiss law applies to all contractual relationships and non-contractual disputes. The place of jurisdiction is Bern unless another mandatory place of jurisdiction applies.