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.