Terms and Conditions
[SECTION_01] Scope and Contract Basics
These Terms and Conditions (AGB) govern the legal relationship between persist GmbH (hereinafter “persist”) and its clients. They apply to all services and products unless written agreements state otherwise. If any individual provision of these terms is or becomes invalid, the validity of the remaining provisions shall remain unaffected. In such cases, the parties will agree on a replacement provision that most closely reflects the original purpose.
[SECTION_02] Services and Project Scope
The contract covers services and products in the fields of hardware and software. The specific scope of services is defined in the individual contract or order confirmation. A project includes all services performed as part of business activities, such as consulting, product development, web design, or conceptualization. Both parties commit to actively participating in project management until the work is completed.
[SECTION_03] Client Cooperation Obligations
The success of the project requires the clients support. In particular, the client is obliged to: Provide clear and timely instructions. Provide necessary information in the agreed format. Ensure the necessary access to relevant IT systems. Assign sufficient qualified personnel for collaboration. All costs for this cooperation are borne by the client. Additional efforts by persist caused by delayed or insufficient cooperation will be invoiced separately. If instructions are missing or inappropriate, persist may withdraw from the contract after a grace period has passed without success.
[SECTION_04] Deadlines and Timelines
Stated deadlines are indicative values unless explicitly agreed in writing as fixed deadlines. If the client fails to meet their obligations, persist’s deadline obligations are suspended for the duration of the delay. The grace period for delivery delays is 60 days. Liability for damages due to delay is excluded to the extent permitted by law.
[SECTION_05] Warranty and Defect Notification
Diligence: persist guarantees the professional execution of the entrusted work with due care. Technical Changes: Due to rapid technical development, no guarantee can be given for long-term functionality in the event of changes to the system environment or when used with arbitrary programs. Acceptance: Defects must be reported in writing and in a reproducible manner within 5 working days of project completion (e.g., go-live or handover). persist has the primary right to rectify significant defects.
[SECTION_06] Limitation of Liability
persist’s liability for direct damages is limited to the amount of the remuneration paid for the project. A prerequisite is proof of intent or gross negligence. Liability for slight negligence, indirect damages, lost profit, data loss, or consequential damages is expressly excluded.
[SECTION_07] Fees and Payment Terms
Prices are agreed upon as fixed prices or based on time and materials. Deposit: One third of the estimated or fixed fee is due upon conclusion of the contract. Additional Costs: Fees are in CHF, plus VAT, expenses, and costs for third-party licenses or third-party services. Payment Deadline: Invoices must be paid within 15 days. Delay: In the event of a payment delay, persist may stop work. A default interest of 5% will be charged.
[SECTION_08] Copyright and Usage Rights
persist reserves all rights to its services, concepts, and strategies. Upon full payment, the client receives a non-exclusive right of use to the extent contractually agreed. A claim to the release of the source code only exists with an explicit written agreement.
[SECTION_09] Special Provisions for Mobile Apps
For apps and their updates, there is a risk of rejection by platform providers (e.g., Apple, Google). persist assumes no liability for delays or non-publication by these providers. The agreed development effort is owed regardless of final approval by the store.
[SECTION_10] Data Protection and Confidentiality
The client is responsible for ensuring that the transmission of personal data to persist complies with statutory data protection regulations. persist excludes all liability for misuse or data loss, provided this falls within the clients area of responsibility.
[SECTION_11] Applicable Law and Jurisdiction
Swiss substantive law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes is the registered office of persist GmbH. persist reserves the right to also bring claims against the client at their registered office.