Convenience translation

This English version of our Terms and Conditions is provided for convenience only. Only the German version is legally binding; in the event of any discrepancy, the German version prevails.

Legally binding German version: Allgemeine Geschäftsbedingungen

Legal

General Terms and Conditions (GTC)

FIRMENFELS | Version: October 2026

Apply to all paid offerings: analysis, web application (SaaS/on-prem), e-learning, sparring, process analysis.

1. Conclusion of contract

  1. Offer by FIRMENFELS (in writing or digitally) + acceptance by the customer = contract.
  2. Deviating terms and conditions of the customer do not apply – even if FIRMENFELS does not expressly object to them.
  3. Where subcontractors are given access to customer data, FIRMENFELS engages them only with the customer's consent.

2. Services

  1. FIRMENFELS provides the services described in the offer.
  2. FIRMENFELS does not owe any specific economic result — unless expressly agreed in writing.
  3. FIRMENFELS may engage subcontractors.
  4. Changes to the scope of services: written agreement (change order).

3. Customer obligations

  • Timely provision of all necessary information and access
  • Appointment of a contact person with decision-making authority
  • Review and acceptance of deliverables within 10 working days of delivery
  • Confidentiality regarding the methodology and tools of FIRMENFELS

4. Prices and payment

Prices and payment: topic and applicable provision
PricesAs per offer; in CHF, excl. VAT.
Payment term30 days net from the invoice date
Default interest5% p.a. from the due date, without a reminder
Price adjustmentAnnually as of 1 January; 60 days' prior notice. If rejected: extraordinary termination possible.
Expense itemsTravel and expenses at cost; only after prior agreement

5. Term and termination

Term and termination by type of offering
One-off service (analysis, sparring)Ends upon performance of the service
SaaS / e-learning (subscription)Minimum term of 12 months; thereafter 3 months' notice to the end of a month
On-prem licenceAs per licence agreement; at least 12 months
Extraordinary terminationAt any time in the event of a material breach of contract; 10-day cure period

6. Liability

FIRMENFELS is liable only for intent or gross negligence. Liability for damage caused by subcontractors, indirect damage, loss of profit and consequential damage is excluded.

  1. Maximum liability per event: the amount of the remuneration paid in the last 12 months.
  2. The exclusion of liability does not apply to personal injury or death.
  3. No compensation for regulatory consequences for the customer — FIRMENFELS does not provide legal advice.

7. Intellectual property

Intellectual property: subject matter and rights holder
Methodology, tools, frameworks of FIRMENFELSFIRMENFELS — inalienable
Data provided by the customerCustomer — inalienable
Jointly prepared reports and analysesFIRMENFELS grants the customer a non-exclusive right of use; FIRMENFELS may use them in anonymised form
Source code of the appFIRMENFELS — escrow available on request

8. Confidentiality

  • Both parties treat confidential information of the other party as strictly confidential
  • Applies for 5 years after the end of the contract
  • Exceptions: disclosure required by law; publicly known information
  • FIRMENFELS obliges its employees and subcontractors in writing to maintain confidentiality

9. Data protection

  1. FIRMENFELS processes personal data in accordance with the privacy policy and the data processing agreement (AVV).
  2. Before the contract is concluded, a data processing agreement (AVV) under the FADP and, for customers in AT/DE, a data processing agreement (DPA) under the GDPR is signed.
  3. FIRMENFELS acts as processor — the customer's instructions are binding.

10. Applicable law and place of jurisdiction

  • Swiss law (CO) — excluding the UN Convention on Contracts for the International Sale of Goods (CISG)
  • Place of jurisdiction: Rorschach District Court (Kreisgericht Rorschach), Switzerland
  • For customers in AT/DE: mandatory national legal provisions remain unaffected

11. Miscellaneous

  1. Applicable Terms and Conditions: available on the FIRMENFELS website; firmenfels.ch/en/agb
  2. Changes to these Terms and Conditions: 60 days' advance notice by email. No objection within 30 days = consent.
  3. Severability clause: invalid provisions are replaced by the closest valid provision.
  4. Language: German. In the event of discrepancies between language versions, the German version prevails.