General Terms and Conditions
Effective Date: January 1, 2025
These General Terms and Conditions (“GTC”) govern the business relationship between Datapunctum AG, Sihleggstrasse 5, CH-8834 Wollerau, Switzerland (“Datapunctum”, “we”, “us”) and its business clients (“you”, “client”), unless otherwise agreed in writing.
These GTC apply to consulting services, software licensing, and related professional engagements, and are supplemented by specific contractual agreements where applicable.
1. Scope of Application
These terms apply to all business relationships between Datapunctum AG and clients, unless superseded by specific written agreements (e.g., Master Service Agreements, License Agreements, or Statements of Work).
By requesting services, accepting a quotation, or entering into a contractual relationship, you accept these GTC.
2. Services
We provide professional services, including but not limited to:
IT and cybersecurity consulting,
Software licensing and support,
Software integration and customizations,
Maintenance and ongoing advisory services.
The scope and details are defined per individual agreement, quotation, or project specification.
3. Contract Formation
Unless explicitly marked as binding, all proposals and quotations are non-binding.
A contract is formed upon written acceptance or confirmation by Datapunctum, such as:
Signed agreement,
Confirmation via email,
Project kickoff initiated by mutual consent.
4. Fees, Invoicing, and Currency
All fees are determined based on individual quotations or agreements.
Invoicing is done in the currency stated in the accepted quotation or contract.
Prices are exclusive of VAT and applicable taxes.
Unless agreed otherwise, invoices are due within 30 days of issue.
Advance payment, partial billing, or milestone-based invoicing may apply depending on project scope.
5. Special Terms for Consulting and Licensing
Engagements for consulting services and software licensing are governed by separate terms and agreements, which take precedence over these GTC. These may include:
Master Service Agreements (MSA),
License Agreements (LA),
Service Level Agreements (SLA),
Project-specific terms.
6. Intellectual Property and Usage Rights
All intellectual property rights remain with Datapunctum or the respective right holders.
Clients receive non-exclusive, non-transferable rights to use the deliverables or software within the scope defined by the license or agreement. Reverse engineering, resale, or sublicensing is not permitted unless explicitly authorized.
7. Confidentiality
Both parties undertake to maintain the confidentiality of all non-public information exchanged during the business relationship.
This obligation continues for three years after termination of the relationship, unless otherwise agreed.
8. Liability
Liability is governed exclusively by the respective individual agreements between the parties.
Unless explicitly stated in a specific contract, no general liability obligations are assumed under these GTC. This applies in particular to indirect or consequential damages, including loss of profit or data.
9. Data Protection
Datapunctum processes personal data in accordance with Swiss data protection law and, where applicable, the EU GDPR.
For further details, refer to our Privacy Policy.
10. Governing Law and Jurisdiction
All agreements are governed by Swiss substantive law, excluding its conflict-of-law rules and the United Nations CISG.
The place of jurisdiction is the registered seat of Datapunctum AG in Wollerau, Switzerland.
We reserve the right to bring claims before the client’s place of business if appropriate.
Wollerau, January 1, 2025
Datapunctum AG
