General Terms and Conditions (GTC) of BytePocket GmbH
Scope of Application
These General Terms and Conditions (GTC) apply to all contracts for IT consulting and related services between BytePocket GmbH, hereinafter referred to as "Service Provider," and the client, hereinafter referred to as "Client."
Subject Matter of the Contract
The Service Provider delivers IT consulting services, project management, software development, implementation, support, and other specified services. The nature and scope of services are defined in individual contracts, offers, or order confirmations.
Conclusion of Contract
Offers made by the Service Provider are non-binding and without obligation unless otherwise expressly agreed in writing. Contracts are only concluded by a written order confirmation or the signature of both parties.
Performance of Services
The Service Provider shall render its services with professional care and in accordance with the accepted state of the art. Deadlines and schedules are binding only to the extent they have been confirmed in writing. Minor changes which do not significantly affect the client remain reserved.
Client’s Duties to Cooperate
The Client shall provide all necessary information and access in good time and ensure the availability of relevant employees for coordination. Delays caused by insufficient cooperation entitle the Service Provider to adjust the project schedule as appropriate.
Remuneration and Payment Terms
Remuneration is as defined in the contract or offer. Unless otherwise agreed, payment is due within 30 days net of the invoice date. In case of late payment, the Service Provider may charge statutory default interest.
Acceptance
Services are deemed accepted if the Client does not raise written complaints within the agreed period after delivery. Consulting services are considered rendered once the agreed work has been completed.
Liability
The liability of the Service Provider is limited to the amount of the paid-up share capital of the LLC, up to a maximum of CHF 20,000. Any liability for indirect damages, loss of profit, or consequential damages is excluded. This limitation of liability does not apply in cases of willful intent or gross negligence.
Confidentiality
Both parties undertake to keep all business and trade secrets received within the framework of the cooperation confidential and not to disclose them to third parties.
Data Protection
The Service Provider shall process the Client’s personal data in compliance with the Swiss Federal Data Protection Act (FADP / DSG) and applicable regulations. Personal data will only be processed as needed to fulfill the contractual obligations. The Service Provider undertakes appropriate technical and organizational measures to protect personal data from unauthorized access, loss, or misuse. Personal data processed on behalf of the client will only be handled in accordance with their instructions and within the terms of data processing agreements. Any data protection breaches affecting personal data will be reported to the client without undue delay. The client has the right to access, correct, or request the deletion of their personal data, within the limits of the law. Further details are provided in the Service Provider’s privacy policy.
Duration and Termination
Contracts are valid for the agreed duration. Termination without notice for good cause remains reserved.
Applicable Law and Jurisdiction
Swiss law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is the registered office of the Service Provider, to the extent permitted by law.
Final Provisions
If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall remain unaffected. Amendments and additions must be made in writing.