General Terms & Conditions

These General Terms and Conditions (GTC) apply to all contracts between afca. AG, Industriestrasse 35, 3052 Zollikofen (hereinafter "afca.") and its customers (hereinafter "Customer"), unless otherwise agreed in writing.

Deviating terms and conditions of the Customer shall not be recognised unless afca. expressly agrees to their validity in writing.

Offers from afca. are non-binding and subject to change. A contract is only concluded upon written order confirmation from afca. or upon commencement of service delivery.

Amendments and additions to the contract require written form.

The scope of services is set out in the respective order confirmation or project contract. afca. provides its services in accordance with the state of the art and with due care.

Services not expressly agreed upon may be invoiced separately by afca. if they were initiated or approved by the Customer.

The Customer shall provide all information, data and access required for fulfilment of the contract in good time and in full. Delays attributable to missing or incomplete cooperation by the Customer shall not be charged to afca.

All prices are in Swiss francs (CHF) and exclusive of value added tax (VAT) unless otherwise stated. Invoices are payable within 30 days of the invoice date without deduction.

In the event of late payment, afca. is entitled to charge default interest of 5% per year.

All rights to concepts, designs, software and other work results developed by afca. remain with afca. until full payment has been received. Upon full payment, the agreed rights of use are transferred to the Customer.

Pre-existing rights, frameworks, libraries and reusable components of afca. remain the property of afca. The Customer receives a non-exclusive right of use.

afca. warrants that the services provided comply with the agreed specification. Defects must be reported in writing within 30 days of acceptance.

The liability of afca. is limited to the contract value. Liability for indirect damages, consequential damages and loss of profit is excluded to the extent permitted by law.

Both parties undertake to keep confidential information of the other party secret and to use it only for the purposes of the contract. This obligation continues after termination of the contract.

Unless otherwise agreed, the contract may be terminated in writing by either party with 30 days' notice. Services already rendered shall be remunerated in any case.

Swiss law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Bern, Switzerland.

Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall not be affected.

As of: May 2026