1. General information
These General Terms and Conditions (AGB) govern the conclusion, content and Processing of services between Lumena AG and the contractual partner.
Deviating or additional provisions shall only apply if they have been agreed in writing and signed by both Lumena AG and the contractual partner.
2. Realisation of the contract
The offer submitted by Lumena AG to the other party to the contract shall be deemed an application. The contract is concluded when the offer is accepted by the contractual partner.
6. Dates and deadlines
Agreed deadlines for the provision of a service are subject to force majeure events. Compliance with the deadline is conditional on the contractual partner having provided the documents required for the provision of the service in good time.
8. Secrecy
8.1 Lumena AG and the contracting party undertake to treat as confidential and not to disclose to third parties any of the other party’s business and trade secrets that are disclosed or otherwise made accessible to them in the course of the execution of the contract. This obligation to maintain confidentiality shall apply for a period of three (3) years after the corresponding contract comes into force..
11. Cooperation of the contractual partner
The contractual partner undertakes to provide Lumena AG with all documents and information required for the provision of its services and any sample material in a timely and complete manner.
13. Remuneration
13.1 Unless otherwise agreed, Lumena AG’s contractual services shall be remunerated according to time and effort. Lumena AG’s hourly rates applicable at the time shall apply. The hourly rates apply to activities during normal business hours. A surcharge may be agreed for urgent activities which, in consultation with the contractual partner, must be carried out outside business hours.
13.2 If a fixed price is agreed, it shall be based on the principles known at the time the contract is concluded and on the condition that the conditions agreed at that time are met. If these bases and conditions change, Lumena AG may demand an adjustment of the contract and the agreed fixed price.
13.3 Lumena AG has the right to demand an advance payment before commencing its activities. The agreed remuneration is exclusive of any additional costs (e.g. taxes and duties). Unless otherwise agreed, all additional costs shall be borne by the contractual partner. For travel times, 75% of the applicable hourly rate shall be paid.
13.4 Lumena AG invoices are payable within thirty (30) days of the invoice date. Offsetting is excluded.
14. Warranty in kind and legal warranty
14.1 Lumena AG guarantees that the services will be provided with due care.
14.2 The warranty period is one year. Defects must be reported to Lumena AG in writing by the contractual partner within ten (10) days of becoming aware of them or their occurrence. Justified defects will be remedied by Lumena AG. However, Lumena AG does not provide any legal guarantee.
15. Liability
15.1 Lumena AG is liable for any damages, subject to the following paragraph, in the event of unlawful intent or gross negligence.
15.2 Any further liability, irrespective of the legal basis, in particular for slight negligence, indirect damage and consequential damage, is expressly excluded to the extent permitted by law.
16. Enticement of employees
The enticement of employees during the term of the contract is only permitted by mutual written agreement.
17. Final provisions
The place of jurisdiction is the court responsible for the place where Lumena AG has its registered office. Swiss law is exclusively applicable.
1. General information
These General Terms and Conditions (AGB) govern the conclusion, content and Processing of services between Lumena AG and the contractual partner.
Deviating or additional provisions shall only apply if they have been agreed in writing and signed by both Lumena AG and the contractual partner.
2. Realisation of the contract
The offer submitted by Lumena AG to the other party to the contract shall be deemed an application. The contract is concluded when the offer is accepted by the contractual partner.
6. Dates and deadlines
Agreed deadlines for the provision of a service are subject to force majeure events. Compliance with the deadline is conditional on the contractual partner having provided the documents required for the provision of the service in good time.
8. Secrecy
8.1 Lumena AG and the contracting party undertake to treat as confidential and not to disclose to third parties any of the other party’s business and trade secrets that are disclosed or otherwise made accessible to them in the course of the execution of the contract. This obligation to maintain confidentiality shall apply for a period of three (3) years after the corresponding contract comes into force..
11. Cooperation of the contractual partner
The contractual partner undertakes to provide Lumena AG with all documents and information required for the provision of its services and any sample material in a timely and complete manner.
13. Remuneration
13.1 Unless otherwise agreed, Lumena AG’s contractual services shall be remunerated according to time and effort. Lumena AG’s hourly rates applicable at the time shall apply. The hourly rates apply to activities during normal business hours. A surcharge may be agreed for urgent activities which, in consultation with the contractual partner, must be carried out outside business hours.
13.2 If a fixed price is agreed, it shall be based on the principles known at the time the contract is concluded and on the condition that the conditions agreed at that time are met. If these bases and conditions change, Lumena AG may demand an adjustment of the contract and the agreed fixed price.
13.3 Lumena AG has the right to demand an advance payment before commencing its activities. The agreed remuneration is exclusive of any additional costs (e.g. taxes and duties). Unless otherwise agreed, all additional costs shall be borne by the contractual partner. For travel times, 75% of the applicable hourly rate shall be paid.
13.4 Lumena AG invoices are payable within thirty (30) days of the invoice date. Offsetting is excluded.
14. Warranty in kind and legal warranty
14.1 Lumena AG guarantees that the services will be provided with due care.
14.2 The warranty period is one year. Defects must be reported to Lumena AG in writing by the contractual partner within ten (10) days of becoming aware of them or their occurrence. Justified defects will be remedied by Lumena AG. However, Lumena AG does not provide any legal guarantee.
15. Liability
15.1 Lumena AG is liable for any damages, subject to the following paragraph, in the event of unlawful intent or gross negligence.
15.2 Any further liability, irrespective of the legal basis, in particular for slight negligence, indirect damage and consequential damage, is expressly excluded to the extent permitted by law.
16. Enticement of employees
The enticement of employees during the term of the contract is only permitted by mutual written agreement.
17. Final provisions
The place of jurisdiction is the court responsible for the place where Lumena AG has its registered office. Swiss law is exclusively applicable.