Terms

1. Scope

These general terms and conditions (GTC) apply to all contracts between murmy GmbH (“murmy”) and its clients regarding the development of websites and custom software and related services. Deviating terms apply only if agreed in writing.

2. Offer and conclusion of contract

The basis is a short first estimate. On that basis murmy submits an offer with a clearly defined scope and, where sensible, a fixed price. The contract is concluded upon written or electronic confirmation of the offer.

3. Services and cooperation

murmy performs the agreed services professionally and in short, traceable steps. The client provides the necessary content, access and information in good time. Delays due to missing cooperation are not at murmy’s expense.

4. Rights to the result

Upon full payment, the rights of use to the created source code and works pass to the client. The client receives the code, access and documentation. The respective licence terms of standard, open-source or third-party components used continue to apply.

5. Prices and payment

The prices stated in the offer apply, plus any statutory value-added tax. Unless agreed otherwise, invoicing is by milestone or on completion. Invoices are payable within 30 days.

6. Acceptance

The client reviews the results after delivery. If no material defects are reported within a reasonable period, the services are deemed accepted.

7. Warranty

murmy remedies material defects that occur during contractual use within a reasonable period, provided a traceable defect report is given. There is no defect in the case of errors caused by subsequent third-party changes or improper use.

8. Liability

murmy is liable for damage caused by gross negligence or intent. Liability for slight negligence and for indirect and consequential damage is excluded to the extent permitted by law. Liability is limited in amount to the value of the order.

9. Maintenance and operation

Maintenance and hosting are optional services agreed separately. They are transparent and cancellable at any time subject to the agreed notice period. There is no obligation to purchase maintenance services.

10. Confidentiality

Both parties treat the other party’s confidential information confidentially and use it only to fulfil the contract.

11. Applicable law and place of jurisdiction

Swiss law applies. The exclusive place of jurisdiction is Zug, Switzerland, to the extent permitted by law.