1. Scope of Application
These General Terms and Conditions (hereinafter "GTC") apply to all paid and unpaid services provided by Nextgen. They form an integral part of all contracts concluded by Nextgen as well as all offers and order confirmations from Nextgen. The GTCs apply unless Nextgen has made a written agreement to the contrary with the customer.

2. Offers, Prices, and Scope of Services
Offers, proposals, and concepts from Nextgen may not be disclosed to third parties without prior written consent from Nextgen. Prices in offers, proposals, and order confirmations are binding for the contracting parties. However, Nextgen reserves the right to correct erroneous pricing and service descriptions. Additional services not listed in the offers, order confirmations, and contracts (e.g., travel expenses, travel time) will be invoiced according to Nextgen’s usual prices. All prices are exclusive of VAT. Objections to invoices must be raised within 5 working days from the invoice date, otherwise, the invoice is deemed approved. Additional expenses incurred by Nextgen due to non-timely or improper provision of data or hardware by the customer, deviations from predefined interfaces, or changes requested by the customer after acceptance of services or products will be billed separately at Nextgen’s usual rates.

3. Binding Nature of Deadlines / Delays
Deadlines are only binding if confirmed in writing by Nextgen and if the necessary instructions, information, documents, and items (e.g., briefing, addresses, templates, hardware provision, customer access) are made available to Nextgen in a timely manner. If unforeseen difficulties or delays occur during the execution of services by Nextgen, a new deadline will be agreed upon instead of the original binding deadline.

4. Liability Limitations
Nextgen’s liability for non-contractual injuries and breaches of contract is limited to cases of intent and gross negligence. The maximum liability amount is always limited to the value of the services rendered and products delivered. Nextgen excludes any liability for indirect and consequential damages (e.g., production downtime, service outages, loss of use, loss of profit), including claims by third parties. No breach of contract or liability exists if Nextgen is prevented from fulfilling its obligations due to force majeure (e.g., laws, regulations, or other governmental measures, natural forces, power outages, unavailability of transport means). Nextgen is not liable for delays in the delivery of documents, products, etc., through postal services, rail, or other transport companies, or due to force majeure. In no case will Nextgen be liable for additions, changes, or modifications made to the services or products delivered by Nextgen without Nextgen’s prior consent.

5. Defects / Defect Notification / Rectification
Nextgen is not liable for legal or material defects in solutions, concepts, and products that were not developed by Nextgen or ordered from third parties. If Nextgen hands over solutions, concepts, or products to the customer, the customer must immediately inspect them and notify Nextgen of any defects, otherwise, the customer is deemed to have approved them. In case of defects in services, solutions, or products, the customer may only demand rectification by Nextgen and must agree with Nextgen on a reasonable period for free (to the extent required by law) correction of the defects. Withdrawal and reduction are excluded unless Nextgen agrees to such actions.

6. Confidentiality of Customer Data
Nextgen treats all information received in connection with its services as confidential.

7. Use of Third Parties
Nextgen may engage third parties at its discretion without the prior consent of the customer. Nextgen will, however, inform the customer about the involvement of third parties, if possible. Nextgen is not liable for assistants, neither for intent nor gross negligence.

8. Rights to Solutions, Concepts, and Products
All rights (in particular, copyrights and other intellectual property rights) to solutions, concepts, and products developed by Nextgen remain exclusively with Nextgen. Nextgen has the right to reuse and further develop the solutions, concepts, and products for other services and purposes. The customer is granted a non-exclusive right to use the solutions, concepts, and products developed by Nextgen. Solutions, concepts, and products handed over by Nextgen may be used within the customer’s company as often as desired, unless otherwise agreed. Without Nextgen’s prior consent, these solutions, concepts, and products may not be further developed or disclosed to third parties. Any transfer of rights from Nextgen to the customer, whether for consideration or free of charge, requires a written agreement.

9. Applicable Law and Jurisdiction
All contractual relationships between Nextgen and the customer, including these GTCs, are exclusively governed by Swiss law. For any disputes arising from or related to the contractual relationships between Nextgen and the customer, the ordinary courts at Nextgen’s place of business shall have exclusive jurisdiction.