1. obligations of the developer
Kapitel Hamid, (Widenmattstrasse 18, 4334 Sisseln, Aargau, Switzerland), hereinafter referred to as “the Developer”, undertakes to provide the Client with web and app development services and digital marketing services. The developer will carry out their tasks with professional skill, care and diligence in accordance with industry standards. The Developer shall maintain an open line of communication with the Customer, provide timely progress reports and obtain the Customer’s approval and feedback at each stage of development.
2. terms of delivery
Developer will use reasonable efforts to meet specified performance dates, but such dates are estimates only. The Developer shall not be liable for any costs, expenses, damages, losses or other liabilities resulting from any delay. If a delay is imminent, the Developer shall notify the Customer stating the reasons and the extent of the delay and take all reasonable steps to minimize the delay.
3. remuneration
The fees for the services are defined in the project concept or in the separate agreement between the developer and the customer. The Developer has the right to invoice the Customer on a monthly basis or at the end of each agreed milestone. The customer must pay each invoice within 7 days of the invoice date. An annual interest rate of 10% may be charged on overdue amounts from the due date until payment is made.
4. intellectual property rights
Developer acknowledges and agrees that all intellectual property rights in all creations, innovations, modifications, designs, concepts, software, data and other results and deliverables provided under this Agreement, whether developed by Developer alone or with others, belong exclusively to Customer. The Developer shall execute all necessary documents and take all necessary actions to assign these rights to the Customer.
5. changes to the specifications
Any request for changes in the scope or performance of the services must be agreed in writing by both parties. Developer will review each change request and submit a proposal to Client for approval indicating the anticipated impact on fees, schedule or other aspects of the Agreement.
6. confidentiality
The Developer will not disclose any confidential information that it receives in the context of this
Agreement or use such information for its own benefit or for the benefit of third parties, except as necessary to fulfill the Services. This obligation shall survive the termination of this agreement.
7. guarantees of the developer
The Developer warrants that the work will be carried out to a high standard in accordance with recognized industry standards and practices, that it will rectify any errors or omissions at its own expense and that it will use qualified personnel for all work. The developer does not guarantee that the software will be error-free or work without interruptions.
8. assumption of liability
Each party shall defend, indemnify and hold harmless the other party and its directors, officers, affiliates, distributors, agents and employees from and against any and all claims, suits, actions or losses arising out of any claim relating to the negligent acts or omissions or willful misconduct of the indemnifying party, its directors, officers, affiliates, distributors, agents and employees.
9. amendments to the agreement
This Agreement may only be amended, modified, replaced or terminated by an instrument in writing signed by both parties.
10 Applicable law
This Agreement shall be interpreted and governed in accordance with the laws of Switzerland. Disputes arising from this agreement shall be settled before the Swiss courts.
These Terms of Use shall enter into force on the date agreed and signed by both parties.