General Terms and Conditions of Noevu GmbH
General Terms and Conditions
1. purpose of the contract
These General Terms and Conditions (GTC) govern the business relationship between Noevu GmbH, hereinafter referred to as the "Service Provider", and its clients, hereinafter referred to as the "Client". They apply to all services provided by Noevu GmbH in the context of consulting and development projects. Deviating terms and conditions of the Client shall only apply if they have been expressly accepted in writing by Noevu GmbH.
Noevu GmbH provides its clients with extensive expertise and years of experience in the areas of web development and digital innovation. Our goal is to advise you on your digital projects (consulting, article 2), provide you with strategic guidance and deliver customized web development solutions. This includes the design, development and implementation of web applications and websites that are precisely tailored to the needs and objectives of your company (Services, Articles 3.1. to 3.5). Our services are designed to support your business with efficient, customer-centric web solutions that not only meet the demands of today's digital landscape, but also generate a positive social impact.
2. consulting
2.1 Fee for consulting services
The consulting and monthly service offers of the service provider accepted by the customer are covered by this contract.
The service provider undertakes to inform the customer immediately as soon as the predetermined number of basic hours is exceeded. Hours in excess of this quota will be invoiced separately. Payment of the basic flat rate is made monthly in advance.
Remuneration in excess of the lump sum, as well as expenses in accordance with Article 5.2, must be paid within 30 days of receipt of the invoice.
3. services
3.1 Service price
The price of the service is based on the service provider's offer.
A deposit of 50% of the price is due when the offer is signed. The remaining amount is to be paid upon completion of the service. If the customer cancels the project unilaterally, the full price is due immediately.
In the event of late payment, the service provider is entitled to charge reminder fees and default interest of 10%.
3.2 Service description
The services are defined in the offer or in the specifications signed by the service provider. These documents are an integral part of the contract and also define the scope of the service provider's warranty obligation.
3.3 Delivery
The service provider undertakes to implement the services within the period specified in the offer.
The guaranteed delivery period applies under the following conditions:
The customer shall provide the service provider with all documents required for the realization of the project in accordance with the schedule defined at the kick-off.
The customer decides on one of the graphic designs presented within 48 hours.
The customer does not exceed the number of iterations specified in each quotation.
If the originally agreed delivery date is not met due to a breach of the customer's duty to cooperate, the delivery period shall be automatically postponed by the duration of the delay plus a reasonable grace period.
Delays caused by late cooperation on the part of the customer may lead to additional costs, which shall be borne by the customer.
In the event of late payment by the customer, the service provider shall be entitled to suspend work on the project until the outstanding claims have been settled.
3.4 Iteration and changes
The customer is entitled to request minor changes and corrections to the results of the service without additional costs (iteration) within the scope of the service agreed in accordance with Article 3.2.
The number of iterations is precisely defined in the offer.
Each additional iteration is charged by the service provider at CHF 195 per hour (plus VAT).
Any change or correction that results in an adjustment of the agreed scope of services may lead to an adjustment of the service price and requires the consent of the service provider.
3.5 Intellectual property
The intellectual property rights to the results of the services provided by the service provider shall be transferred to the customer once all invoices associated with the service have been paid in full. This applies subject to deviating provisions in the offers. In addition, the service provider may use elements (music, photos or videos) that are protected by copyright and belong to third parties.
4. recurring benefits
4.1 Fee for hosting and service packages
Our ongoing service packages are offered at a discounted price and include recurring services that are described in detail in your quote. These services are limited to a maximum number of hours or a defined service quota within the agreed billing period (e.g. monthly or annually). If the actual requirement exceeds these specifications, the service provider will prepare a corresponding additional quotation.
With the service packages, you benefit from reduced prices compared to our standard hourly rate. Unused hours or service credits within the agreed billing period expire at the end of this period. A refund or transfer of unused services to subsequent periods is excluded. Likewise, unused credit does not lead to a reduction in the agreed price.
4.2 Duration and termination of the service packages
The continuous service packages can be terminated by either contracting party with a notice period of one month to the end of any billing period. Notice of termination must be given in writing. For contracts with a fixed term, termination is possible at the earliest at the end of the agreed term.
5. for all services
5.1 References and case study
By accepting our Terms and Conditions, you agree that we may present your project as a reference on our website and in marketing materials. This includes a project description, images of the solutions, customer feedback and relevant success metrics such as increased dwell time, CTA clicks or increased sales as well as a link to the website. We take the data for measuring success directly from the dashboards on the website, always in compliance with confidentiality and exclusively to illustrate the success of the project. In this way, we make the added value of our solutions visible and strengthen the credibility of our services. In return for compensation of 50% of the corresponding fee or service price, the client can oblige the service provider to waive this right.
5.2 Expenses
Ordinary expenses and out-of-pocket expenses (including travel within the service provider's locations) shall be borne by the service provider. Extraordinary costs that exceed the usual expenses or are incurred outside the cities of Geneva, Berne or Zurich shall be borne by the client and shall be charged at actual cost. The service provider undertakes to inform the customer of any extraordinary costs in good time. Rail travel within Switzerland shall be charged at the price of a 1st class ticket at the half-day season ticket rate; car travel at CHF 1/km. The (extraordinary) costs must be paid within 30 days of receipt of the invoice.
5.3 Warranty and liability
The service provider excludes any warranty for consulting services (including subscriptions and recurring services); in particular, no success is guaranteed.
In the case of the provision of services, the warranty is limited to the service description in accordance with Article 3.2. Any further warranty is expressly excluded.
5.4 Subcontracting
The service provider is authorized to outsource the provision of services and consulting services in whole or in part to third parties.
5.5 Employment of an employee of the service provider
If an employee of the service provider is employed by the customer during the term of the contract and for 12 months after the end of the contract, a lump-sum compensation of CHF 80,000 plus VAT shall be due. This does not release the employee from his obligations to the service provider.
5.6 Delay
In the event of late payment, the customer shall owe default interest of 10%.
Upon termination of the contract, all claims of the service provider shall become due immediately.
5.7 Confidentiality
The service provider shall safeguard the interests of the customer and treat information marked as confidential accordingly.
5.8 Applicable law and place of jurisdiction:
This contract is subject to Swiss law.
The place of jurisdiction is Dübendorf, Switzerland.
Status, July 9, 2025