Last updated Friday, Oct. 6th, 2023
These general terms and conditions apply to all areas of operation of Crypto Architect (hereinafter referred to as “company”). The company provides creation, maintenance and management of digital applications. Deviating general terms and conditions of the customer shall not become a contract component upon acceptance of the order.
The contract is entered only upon confirmation by the company of the agreement regarding the purchase of products and/ or services by the customer.
Furthermore, the contract is only formed when the customers avail themselves of the provided services and/ or order or purchase directly products from the online shop of the company.
Unless otherwise agreed upon, the technical specifications in the brochures and catalogues of the company are not binding. Data listed in the technical document are binding if and only if in the offer or in the respective technical documents the binding nature of these data is clearly stated.
In so far as not otherwise offered, all prices shall be in United States Dollar (USD). All prices are quoted excluding any possible applicable Value Added Tax (VAT). From the prices are excluded any other possible arising taxes and are inclusive only of the agreed upon services offered to the customer. The company reserves the right to modify the prices at any time. Only the applicable prices in accordance with the customer’s offer at the time of the acceptance of the contract are valid.
The customer is obliged to pay the total amount invoiced within the due date noted on the invoice. If the invoice is not paid within the above-mentioned deadline for payment, the customer will be sent an overdue notice. If the payment is not settled within the scheduled period of notice, the customer shall automatically be in default. Should the company offer products on its online platform for purchase, rental or any other use, it is entitled to request payment through electronic means during the order process (credit cards, PayPal or other payment systems or crypto currency). All products are properties of the company until the customer has settled all outstanding invoices.
5.1. Delivery / Date of delivery
The delivery shall proceed in accordance with the conditions which were set in the contract. If an on-schedule delivery is not possible, the customer will be informed by the company within 5 business days before the scheduled delivery date.
5.2 Provision of Services
Insofar as no other agreement has been made, the company fulfills its obligation through the proper performance of the agreed upon services. Insofar as no other terms have been agreed upon, the place of performance shall be the company’s registered address.
The customer shall be obliged to perform promptly all acts which are necessary for the company to perform the agreed upon services. The customer shall perform the acts in the agreed upon location at the agreed upon time and in the agreed upon conditions. Depending on the circumstances it shall include the delivery of all necessary information and documents for the company.
Both parties retain the right to rescind the contract at any time they deem appropriate. The already transacted expenses must be paid in full by the other party. A rescission at inopportune times is not allowed and any and all rights to assert damage claims remain intact. In case of a rescission within 90 calendar days, the individually set processing fees shall be applied.
Changes of the delivered products are fundamentally excluded unless specified in a separate contract signed and approved by the company and client.
The legally required warranty provisions apply. Any and all defects shall be notified promptly to the company. The company retains the right to determine if the defective products shall be repaired or replaced. If and only if a replacement or a reparation is not possible, the customer shall be entitled to a reduction or refund of the purchase price. Any claim of refund is expressly precluded in case of repairs made by third parties. During the time of repair, the customer has no claim to a replacement product. In case of a replacement, all the products that were delivered by the company shall be returned.
The company accepts no liability for any and all indirect and consequential damages. The liability for direct damages is limited to 100 USD. The limitation of liability does not apply for direct damages which are caused by gross negligence or willful misconduct. The customer is under obligation to notify the company of any and all damages. Any and all liabilities for auxiliary parties are excluded in its entirety.
The customer shall treat any and all not publicly available information concerning the products with confidentiality. In particular, the customer shall not disclose any such information (including the product documentation and the operating instructions) to third parties. Should the customers have allowed co-workers, business partners, and other third parties to gain access to confidential information, they must ensure the obligations to maintain confidentiality.
Should one of the parties breach any provisions regarding confidentiality, it shall owe the other party a contractual penalty in the amount of USD 1000 for each contractual breach. The payment of the contractual penalty does not absolve the party in breach of contract from the fulfillment of its contractual duties. In particular, the party damaged by the contractual breach retains the right to demand at any time the removal of the conditions contrary to the terms of the agreement.
All intellectual property rights (patents, registered trademarks, any rights in relation to design and layout, other design rights, etc.) and copyrights concerning the delivered products and the documentation remain exclusive property of the company. The customer does not acquire any of such rights through the purchase of the products.
The customer will be provided for the delivered software which are installed in the delivered products or delivered together with such products with a license. The license is limited to the duration of the contract.
The customer shall commit not to transfer to third parties the rights and obligations associated with the products and services delivered without previous formal written authorization of the company. The company retains the right to sub-contract out to third parties the performance of the agreed upon services.
The company may process and use recorded data as foreseen by the conditions of the contract for the fulfillment of the obligation stipulated in the contract. The company shall undertake all necessary measures to secure the data in accordance with legal requirements. The customers shall declare their complete consent to the storage and the contractually stipulated processing of their data by the company and they additionally declare to be aware that the company is obliged to comply with the regulations set forth by administrative and judicial authorities, and retains the right to disclose information about the customers to such authorities or third parties. Should the customer not expressly prohibit it, the company may use the data for marketing purposes. For more details, please see the separate data protection statement.
The company may choose to modify these general terms and conditions at any time it deems necessary. The new version shall be enforceable as soon as it is published on the website of the company.
The current general terms and conditions have priority over all older provisions and contracts. Only provisions from specific contracts, which still specify the provisions of the general terms and conditions, have priority over these general terms and conditions.
Should a provision of this contract or an enclosure/ammend to this contract be or become invalid, the enforceability of the remainder of the contract shall not be affected. The contractual parties shall replace the ineffective provision with a valid provision, which comes as close as possible to the intended meaning and purpose of the invalid provision. The same shall apply for any possible contractual gaps.
The contractual relationship from these general terms and conditions is subject to Swiss law. Insofar as no other mandatory legal provisions take precedence, the court of competent jurisdiction of the company shall be responsible. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded.
End of Terms and Conditions
