Terms and Conditions

BuerkiTech: May 2025

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1. Scope of Application

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These General Terms and Conditions (GTC) apply to all contracts, services, and offers between BuerkiTech (hereinafter "Provider") and its business clients (hereinafter "Client") based in Switzerland or abroad, unless otherwise agreed in writing.

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2. Conclusion of Contract

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A contract is concluded upon the Client's written acceptance of an offer from the Provider, by email or signature. Amendments or additions are valid only if confirmed in writing by both parties.

3. Provider’s Services

The Provider delivers IT services according to the agreed scope of work. These include, in particular:

• Planning, setup, and maintenance of IT infrastructures

• Managed Services (e.g., monitoring, support, backups)

• Cybersecurity measures

• AI-based solutions

• E-commerce integrations (e.g., PSP connections)

• Project-based IT support

• On-site, remote, or chatbot-based support

The exact scope of services is defined in the offer or project agreement.

4. Client’s Obligations

The Client agrees to provide all information, access, and resources required to fulfill the contract in a timely manner and to assign staff who will serve as points of contact.

5. Prices and Payment

All prices are exclusive of VAT unless otherwise stated. Billing will occur as agreed:

• Managed Services: Monthly via invoice

• Projects: Milestone-based via invoice

• Ad-hoc Services: Based on actual time and effort, via invoice

Payment terms: 20 days net from invoice date, unless otherwise agreed.

In case of payment delay, the Provider is entitled to charge reminder fees and/or suspend services.

 

6. Confidentiality

 

Both parties agree to treat all information obtained during the collaboration as confidential and not to disclose it to third parties, unless legally required to do so.

 

7. Warranty

 

The Provider commits to delivering services diligently and professionally in line with current technical standards. No warranty is given for achieving specific business outcomes.

Complaints must be submitted in writing immediately, but no later than 10 working days after service delivery.

 

8. Limitation of Liability

 

The Provider is only liable for damages caused intentionally or by gross negligence. No liability is assumed for indirect or consequential damages, data loss, lost profits, or system outages.

The Client is responsible for their own data backups unless explicitly covered under a Managed Services contract.

 

9. Force Majeure

 

Events of force majeure (e.g., natural disasters, war, official orders, power outages, network disruptions) release the Provider from its performance obligations for the duration of the disruption, without any right to claim damages.

 

10. Intellectual Property

 

All software solutions, concepts, documentation, or other work results created by the Provider remain the property of the Provider until full payment is received, unless a different licensing agreement has been explicitly made.

 

11. Jurisdiction and Applicable Law

 

These GTC are governed by Swiss law. The place of jurisdiction is the registered office of the Provider. The Provider may also take legal action at the Client’s place of business.

 

Disclaimer (for Offer Signatures and Contract Declarations)

 

Disclaimer:

 

The Provider assumes no liability for indirect damages, consequential damages, data loss, or business interruptions arising from the use of the provided services, except in cases of intent or gross negligence. The Client is responsible for appropriate security measures and data backups, unless explicitly included in the agreed service scope.

By signing this offer, you confirm that you have read, understood, and accepted the General Terms and Conditions (GTC) and the Disclaimer of BuerkiTech.