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General Terms and Conditions (GTC)

of CAPASSIMTE

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1. Scope of Application

1.1 These General Terms and Conditions (GTC) govern all business relationships between Capassi MTE, Uttwil, Switzerland (hereinafter referred to as "Capassi MTE"), and its clients. They apply to all technological consulting and IT services offered by Capassi MTE, particularly in the areas of strategic IT and technology consulting, digital transformation, IT security, cloud solutions, automation, software development, and project management.

1.2 These GTC apply to all contracts, offers, deliveries, and other services between Capassi MTE and the client, regardless of whether they are concluded in writing, verbally, or through implicit conduct.

1.3 Deviating, conflicting, or supplementary general terms and conditions of the client do not become part of the contract unless Capassi MTE has expressly agreed to their validity in writing.

1.4 Capassi MTE reserves the right to amend or supplement these GTC at any time with future effect. The version valid at the time of contract conclusion shall apply.

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2. Services

2.1 Capassi MTE offers a wide range of specialized technological consulting and IT services, including but not limited to:

  • Consulting for companies and private clients on technological solutions and digital strategies

  • Analysis of existing IT structures and development of customized optimization concepts

  • Assistance in selecting, implementing, and adapting new technologies

  • Conducting workshops and training sessions to enhance technological competence

  • Market and trend analysis of new technologies and innovations

  • Collaboration with internal teams and external partners to implement technical projects

  • Preparation of technical reports and documentation to support clients

  • Support in developing long-term digital strategies and innovation projects

  • Evaluation and implementation of automation solutions to improve efficiency

  • Optimization of IT security concepts to enhance data protection and cyber resilience

  • Cloud strategy consulting and migration for the efficient use of modern cloud technologies

  • Development of customized software solutions tailored to specific business needs

  • Integration of AI-powered applications to automate and improve business processes

  • Consulting on sustainable IT solutions for environmentally friendly and resource-efficient digital infrastructures

  • Project management for IT and digitalization projects to ensure structured implementation of innovations

  • Support and maintenance of IT systems to ensure smooth operations

2.2 The exact scope of services to be provided will be defined in individual contracts, service descriptions, or offers.

2.3 Capassi MTE is entitled to engage qualified third-party providers or subcontractors to fulfill its obligations. However, Capassi MTE remains responsible for the proper provision of services.

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3. Contract Conclusion

3.1 A contract with Capassi MTE is concluded through one of the following actions:

  • Written acceptance of an offer issued by Capassi MTE by the client

  • Signing of an individual contract between both parties

  • Confirmation of the engagement via email or through implicit conduct (e.g., by utilizing the provided services)

3.2 Changes or additions to a contract are only valid if confirmed in writing by both parties.

3.3 Offers from Capassi MTE are non-binding and subject to change unless expressly stated otherwise.

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4. Fees and Payment Terms

4.1 Fees are determined based on the agreed-upon hourly rates, daily rates, or flat-rate prices.

4.2 Unless otherwise agreed, all prices are exclusive of VAT and other applicable statutory charges.

4.3 Invoices are generally issued upon completion of an agreed project phase or monthly for ongoing services.

4.4 Payments are due within 14 days of invoicing without deductions. If the payment deadline is exceeded, Capassi MTE is entitled to charge statutory default interest of 5% per annum.

4.5 Capassi MTE reserves the right to suspend further services in case of payment default until all outstanding amounts have been settled.

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5. Client Obligations

5.1 The client undertakes to provide all necessary data, documents, and information required for the provision of services in a timely manner.

5.2 The client ensures that all submitted information is up-to-date, accurate, and complete.

5.3 Delays or additional efforts resulting from insufficient cooperation by the client shall be borne by the client and may be charged separately.

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6. Liability and Warranty

6.1 Capassi MTE commits to providing all services with the utmost care and in accordance with current professional standards.

6.2 Capassi MTE is liable only for intentional or grossly negligent breaches of duty. Any further liability, particularly for indirect damages, lost profits, or consequential damages, is excluded.

6.3 The client is obliged to report defects immediately in writing.

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7. Confidentiality and Data Protection

7.1 Both parties undertake to keep all confidential information received during the cooperation strictly confidential.

7.2 Capassi MTE processes personal data exclusively in accordance with applicable data protection regulations in Switzerland (DSG) and the EU (GDPR).

7.3 Further details regarding data processing are set out in Capassi MTE's privacy policy.

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8. Intellectual Property

8.1 All concepts, analyses, reports, and software solutions created as part of the consulting services remain the intellectual property of Capassi MTE unless otherwise agreed.

8.2 The client receives a non-transferable, non-exclusive right to use the provided results.

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9. Contract Duration and Termination

9.1 Contracts with Capassi MTE have the agreed duration.

9.2 Ordinary termination is possible with a 30-day notice period at the end of the month unless otherwise agreed.

9.3 The right to terminate without notice for good cause remains unaffected.

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10. Force Majeure

10.1 If a contracting party is unable to fulfill its obligations due to force majeure (e.g., natural disasters, new pandemics, war, or resulting governmental orders), the fulfillment of the affected obligations shall be suspended for the duration of the disruption.

10.2 Both parties are obliged to inform each other immediately about the occurrence and expected duration of force majeure events.

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11. Final Provisions

11.1 Swiss law shall apply, excluding conflict-of-law provisions.

11.2 The place of jurisdiction for all disputes is Uttwil, Switzerland, unless mandatory statutory provisions dictate otherwise.

11.3 If any provision of these GTC is invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

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