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TERMS AND CONDITIONS
OVERVIEW
1. General Provisions
2. Subject Matter, Scope, and Applicability
3. Customer's Obligations
4. Delivery and Performance Deadlines
5. Offers, Contract Conclusion, and Order Confirmation
6. Remuneration, Prices, Payment Terms
7. Retention of Title and Intellectual Property Rights
8. Intellectual Property and Licensing
9. Warranty and Liability
10. Contract Duration, Termination, and Confidentiality
11. Data Protection
12. Non-Solicitation
13. Final Provisions
1. General Provisions
These GTC regulate the contractual relationship between FINEXCON GmbH (hereinafter referred to as "FINEXCON") and its customers, suppliers, and business partners. They apply to all contracts, offers, and services unless otherwise agreed in writing.
Deviating or supplementary GTC of the customer shall only apply if FINEXCON has expressly agreed to them in writing.
2. Subject Matter, Scope, and Applicability
FINEXCON provides business consulting and management services. The exact scope of services is defined in the respective contract. FINEXCON reserves the right to have services performed by third parties.
3. Customer's Obligations
The customer shall ensure that FINEXCON receives all necessary information, documents, and access to relevant systems in a timely manner. Delays caused by the customer's lack of cooperation shall result in an appropriate extension of service deadlines.
4. Delivery and Performance Deadlines
Agreed performance deadlines are non-binding unless expressly stated otherwise. FINEXCON shall not be liable for delays caused by unforeseen circumstances or force majeure.
5. Offers, Contract Conclusion, and Order Confirmation
FINEXCON's offers are non-binding. A contract is concluded only upon written order confirmation or performance of services. Subsequent changes or additions require written form.
6. Remuneration, Prices, Payment Terms
All prices are net prices and subject to the applicable VAT. Payments are due within 10 days from the invoice date without any deduction. In case of late payment, default interest of 5% above the base rate shall be charged, along with reasonable reminder fees. If the delay exceeds 30 days, FINEXCON reserves the right to suspend further services or require advance payment for future services.
7. Retention of Title and Intellectual Property Rights
All services provided by FINEXCON remain its property until full payment is received. The customer may not transfer or disclose them to third parties without prior consent.
8. Intellectual Property and Licensing
All copyrights and industrial property rights in documents, concepts, and results created by FINEXCON remain with FINEXCON. The customer receives a non-exclusive, non-transferable right of use.
9. Warranty and Liability
FINEXCON shall only be liable for damages caused intentionally or by gross negligence. Liability for indirect damages, lost profits, or consequential damages is excluded to the extent permitted by law. Liability for slight negligence is excluded, except for breaches of essential contractual obligations that endanger the achievement of the contract's purpose. In such cases, liability is limited to foreseeable damages typical for the contract.
10. Contract Duration, Termination, and Confidentiality
Contracts may be terminated with a 30-day notice period at the end of the month unless otherwise agreed. FINEXCON may terminate the contract without notice if the customer defaults on payments or violates essential contractual obligations.
Both parties agree to maintain confidentiality regarding confidential information, even beyond the end of the contract.
11. Data Protection
FINEXCON processes personal data in accordance with legal regulations. The customer agrees to the storage and processing of their data as far as necessary for contract fulfillment.
12. Non-Solicitation
The customer agrees not to hire or employ FINEXCON employees during the contract term and for 24 months thereafter. This applies to direct and indirect employment, whether as an employee, consultant, or freelancer. In the event of a breach, a contractual penalty equal to two annual salaries of the affected employee shall be due.
13. Final Provisions
Should any provision of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.
Swiss law applies. The place of jurisdiction is the registered office of FINEXCON GmbH. For international customers or cross-border disputes, an alternative jurisdiction may be agreed upon if expressly stipulated in the contract.
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