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, retainer, the monthly «AI Office Hours» subscription, or the three-month «AI Visibility Enablement» engagement, see consulting page)
• Development (project price, individually agreed, separate from workshops and consulting)

Obligation to enable: digital opua provides all services with the aim of enabling the client to continue independently. Three commitments follow from this and apply to all three service areas:

• Every service ends with documented work products that remain with the client and may be used internally without restriction as to time or volume.
• digital opua transfers the knowledge required to continue, and refrains from creating technical or contractual dependencies that are avoidable.
• Within the agreed scope of services, digital opua documents the tools, configurations and decision paths used such that a qualified third party can carry them forward. Where the client’s request goes beyond that scope, digital opua submits a quote beforehand; without the client’s consent no additional work and no additional claim arises.

This is an obligation of means, not of result: whether the enabling actually takes effect also depends on the client’s contribution. For the «AI Visibility Enablement» engagement, the expected extent of that contribution is quantified in clause 6.

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.

Travel costs: Travel and journey costs for in-house workshops are included in the fixed price. By way of derogation from clause 6, no travel time is charged for workshops.

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.

AI Office Hours (subscription): The AI Office Hours are provided as a monthly subscription rather than on a time-and-materials basis. The packages and prices published on the office-hours page apply, together with the following terms:

• Minimum term of three months from the start of the contract, thereafter cancellable with effect from the end of the respective month.
• Monthly invoicing; clause 4 applies in all other respects.
• Upgrading to a higher package is possible at any time; downgrading takes effect at the end of the minimum term.
• In the team package, the persons entitled to submit requests must be named; changes must be notified to digital opua.
• Included are answering, assessment and recommendation. Not included is implementation work (content production, tool configuration, concepts and policies, workshops and training). If a request is expected to require more than approximately 30 minutes of work, digital opua submits a quote beforehand; without the client’s consent no additional work and no additional claim arises.
• Absences of more than two weeks extend the term by the duration of the absence.
• The answers are professional assessments. They do not replace legal, tax or audit advice.

AI Visibility Enablement (engagement): The enablement is provided as a three-month engagement with monthly invoicing rather than on a time-and-materials basis. The prices published on the offering page apply, together with the following terms:

• Term of three months from the start of the contract. Unlike the AI Office Hours, there is no minimum term; the client may cancel with effect from the end of the respective month.
• The services owed are baseline measurement and goal definition, method transfer and tool selection, review of work products, and escalation for technically difficult cases. Delivery — research and topic selection, writing and publishing, ongoing measurement, and alignment with internal stakeholders — remains with the client.
• The engagement requires an internal team of at least two people. Clients should plan for a contribution of roughly one working day per week per person. Without that contribution the intended capability cannot be achieved; the fee remains payable.
• If the engagement runs the full three months, half the price of a preceding workshop is credited, provided that workshop was no more than six months before the start of the engagement. On early termination the credit does not apply.
• digital opua owes the transfer of method and judgement, not any particular degree of visibility or citation. Whether and how content is picked up by search engines or AI systems lies outside the control of either party.
• Clause 4 applies in all other respects.

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.