Terms and Conditions

1. Scope of Application

These General Terms and Conditions (“GTC”) apply to all services provided by digital opua GmbH (hereinafter “digital opua”) to clients (hereinafter “Client”). Deviating terms of the Client shall apply only where digital opua has expressly agreed to them in writing.

2. Subject Matter

digital opua provides services in three areas:

• Workshops (fixed-price packages, see workshop page)
• Consulting (day rate or retainer model, individually agreed)
• Development (project price, individually agreed, separate from workshops and consulting)

3. Formation of Contract

Contracts are formed upon written order confirmation by digital opua or by mutual signature of a proposal. For workshops, a booking via the booking system with payment confirmation constitutes contract formation.

4. Prices and Payment Terms

All prices are stated in Swiss Francs (CHF) plus applicable statutory VAT. Invoices are payable within 30 days net. Statutory default interest applies in the event of late payment.

5. Workshop-specific Terms

Cancellation policy for in-house workshops:

• up to 14 days before the date: free of charge
• 13 to 7 days before the date: 50% of the workshop price
• fewer than 7 days before the date: 100% of the workshop price

Special conditions (bundle discounts, workshop-to-consulting credit, academic and NGO rates) are governed by the terms published on the workshop page.

6. Consulting-specific Terms

Consulting services are generally billed on a time-and-materials basis unless otherwise agreed. Travel time to client meetings outside the cantons of Zurich and Zug is charged at 50% of the day rate.

7. Development-specific Terms

Development services are provided on the basis of a pre-agreed project price or on a time-and-materials basis. Intellectual property in developed software and documented concepts passes to the Client upon full payment, unless otherwise agreed. digital opua retains usage rights to generic, non-client- specific components.

8. Confidentiality

Both parties undertake to treat all information received in the course of the business relationship as confidential. This obligation continues after the termination of the business relationship.

9. Liability

digital opua is liable for wilful misconduct and gross negligence. Liability for ordinary negligence, consequential loss, loss of profit, or indirect damages is excluded to the extent permitted by law. Total liability is limited to the value of the relevant engagement.

10. Governing Law and Jurisdiction

These GTC are governed exclusively by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction is Zug, Switzerland.

11. Severability

Should any provision of these GTC be invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that comes closest to achieving the economic purpose of the invalid provision.