Terms and Conditions
The general terms and conditions of NTW digital solutions GmbH. They form an integral part of every contract concluded between NTW and the customer.
Scope
These General Terms and Conditions (GTC) form an integral part of every contract concluded between NTW digital solutions GmbH and the customer. Any terms and conditions or purchasing terms of the customer are expressly excluded. Additional or modified terms may be specified in quotes or contracts, if necessary. In any case, they must be set forth in writing and confirmed by signature or digitally.
Adjustments to Services and Offers
NTW reserves the right to adjust its services at any time in response to technical, security, or market-related developments. Such adjustments shall not be considered a breach of contract, provided that the promised service is at least maintained or improved. Any resulting additional costs will be agreed upon with the customer in advance.
Data Backup
Data backup is the sole responsibility of the customer. NTW assumes no liability whatsoever for data loss, particularly in connection with maintenance, repairs, installations, or system interventions.
Data Protection
Customer data collected by NTW is used exclusively for the purpose of fulfilling the contract. The customer agrees that data may be disclosed to third parties provided this is necessary for the fulfilment of the contract and complies with the provisions of the revised Swiss Data Protection Act. NTW undertakes to treat personal data confidentially and to always comply with statutory data protection requirements. The customer has the right to request information about their data and to request its correction or deletion, provided that no statutory retention obligations prevent this.
Retention of Title
Delivered goods remain the property of NTW until all claims have been paid in full. The customer is obligated to store the goods properly and protect them from damage, theft, moisture, and heat. In the event of a breach, the customer is liable for loss or damage.
Warranty
The warranty terms of the respective manufacturers apply exclusively to delivered products. Warranty claims do not apply in cases of improper handling, tampering by third parties, external influences, or force majeure. Consumables are excluded from the warranty. Any liability for indirect or consequential damages (e.g., production downtime, lost profits) is excluded to the extent permitted by law.
Provision of Services
The services provided by NTW digital solutions GmbH are governed by individual contracts, quotations, or order confirmations. NTW is entitled to engage qualified subcontractors or specialists to fulfil the contract, without the customer being entitled to assert any claims arising therefrom. NTW undertakes to perform the services with due care, in accordance with current technical standards, and within the scope of available resources. However, NTW is not obligated to achieve a specific outcome or a concrete economic result. Maintenance work is generally announced in advance. In the event of unforeseeable disruptions, emergencies, or for security-related reasons, NTW is entitled to restrict or take systems offline even without prior notice. This does not give rise to any claims for damages, refunds, or termination of the contract.
Third-Party Services and Cloud Services
Many services are based on third-party providers (e.g., cloud services, software licenses, telecommunications services). NTW assumes no liability for their availability, functionality, content, data security, or quality. Delays, outages, or changes to these services caused by the third-party provider do not give rise to any claims for termination or compensation against NTW. The customer acknowledges that NTW has no influence over the contractual terms or service provision of third-party providers and that NTW is exempt from any liability for damages arising therefrom. The customer agrees to assert any claims directly against the respective third-party provider.
Delivery Times
Delivery times are considered binding only if they have been expressly confirmed in writing by NTW. Unforeseeable events such as delivery delays on the part of manufacturers, strikes, force majeure, or government measures shall extend the delivery times accordingly. NTW shall not be liable for any resulting damages or consequential costs. The customer has no right of withdrawal or claims for damages unless expressly agreed in writing.
Right of Use
The customer agrees to use the software exclusively on its own system for its own use and not to transfer or make the software, including documentation, available to third parties (either in whole or in part). Except for this right of use, all rights to the programs remain with NTW digital solutions GmbH or the authors of the programs, even if the customer makes changes to them. No copies of any kind may be made of the programs or the accompanying documents without express written authorization.
Customer Obligations
The customer is obligated to provide NTW in a timely manner with all necessary information, access credentials, and cooperation required to fulfil the order. Responsibility for the security and integrity of customer data lies exclusively with the customer. NTW recommends that the customer perform regular backups and recovery tests. The customer is obligated to protect its systems against unauthorized access, malware, and tampering. If the customer fails to fulfil its obligations to cooperate, NTW is released from its obligation to perform. The customer shall bear all costs and damages arising therefrom. In the event of misuse or unlawful use of the systems or services, NTW is entitled to immediately suspend services or terminate the contract without notice. The customer is liable for all resulting damages and shall indemnify NTW against any claims by third parties.
Pricing Basis
Currency and Taxes
All prices quoted are in Swiss francs (CHF), excluding value-added tax (VAT) or other government taxes.
Price Adjustments
Price adjustments by manufacturers or suppliers are possible and may be passed on to the customer. Rate changes and price adjustments will be communicated to the customer as early as possible; however, NTW digital solutions GmbH may also implement them during the contract term should significant cost factors have changed.
Billing Units
Services rendered are billed based on time units. A minimum billing unit of 15 minutes applies. Each quarter-hour or portion thereof is billed as a full quarter-hour and rounded up accordingly (example: 70 minutes of work is billed as 75 minutes).
Flat Rate for Labor and Small Supplies
The flat rate for labor and small supplies includes the technician's tools and laptop. Other equipment, such as measuring devices, is billed separately.
Work Preparation and Administration
The flat rate for work preparation ("AVOR") / administration includes order acceptance, planning and scheduling, setting appointments with the customer, and follow-up work. This is calculated on a variable basis depending on the size of the order.
Travel Expenses
NTW digital solutions GmbH does not bill for actual travel time. Instead, flat-rate travel fees apply, which are based on the region and the distance from the customer's location to the headquarters of NTW digital solutions GmbH.
Reports
Reports signed by the customer are deemed to have been accepted.
Annual Licenses
Annual licenses are quoted and billed annually. Prices are valid for one year as specified in the quote.
Costs Not Included
Agreed-upon prices specifically do not include:
- Shipping costs, travel and meal expenses, postage and packaging, and other incidental product costs
- Furniture, electrical, or structural modifications required by the delivered products or services
- Adaptations to software and hardware from other suppliers
- Additional training costs or special customizations (unless expressly agreed upon in the contract)
- Resolution of incompatibility issues arising from new hardware deliveries in conjunction with existing hardware and software
Terms of Payment
Unless otherwise agreed in writing, the following terms of payment apply: the applicable payment terms are specified in the quotation or order confirmation. For orders of CHF 10,000 or more, the following additional terms apply:
- 50% of the order value (net) upon placement of the order (the order will not be processed until payment is received)
- 30% of the order value (net) upon receipt of the ordered items (if components must be ordered)
- 20% of the order value (net) upon completion of the project.
In the event of late payment, NTW digital solutions GmbH may charge late payment interest at a rate of 5% (annual interest rate). Late payment status begins automatically (without a reminder) upon expiration of the payment deadline. Furthermore, NTW digital solutions GmbH may suspend its services in the event of late payment. The reactivation of services suspended due to late payment will be billed to the customer as an additional charge. NTW digital solutions GmbH reserves the right to assert further claims arising from the default. NTW digital solutions GmbH may charge a processing fee of CHF 20.00 for each reminder notice issued. If the customer defaults on two consecutive invoices, NTW digital solutions GmbH has the right to terminate the contractual relationship without notice. However, this does not release the customer from the obligation to settle the outstanding invoices. Withholding payments due to any claims on the part of the customer is prohibited. NTW digital solutions GmbH may offset its claims against any counterclaims of the customer. The customer agrees to waive the assertion of any rights of retention against NTW digital solutions GmbH.
Cancellations and Compensation for Expenses
Orders from the Technical Department
In the event of last-minute cancellations by the customer, the following provisions regarding compensation for expenses apply:
- Cancellation on the same day as the order confirmation: free cancellation.
- Cancellation on the next business day after order confirmation: CHF 15 (administrative fee / AVOR).
- Cancellation on the day of the scheduled service: CHF 50 (administrative fee / AVOR).
Orders from the Chur Store
The following fees apply to cancellations of devices ordered in-store: cancellation fee of CHF 50 + administrative fee / AVOR of CHF 15.
Exceptions
NTW digital solutions GmbH reserves the right, at its sole discretion, to grant exceptions to the above provisions.
Disclaimer of Liability
NTW digital solutions GmbH does not guarantee either the trouble-free operation of its services or their availability at any specific time. Liability for service interruptions is hereby excluded. Liability for direct or indirect damages resulting from the use of, or from defects in, the goods delivered or services provided is excluded. This also applies to lost profits, damages caused by computer viruses or other Internet-related risks, data loss, third-party claims, as well as consequential damages resulting from production downtime and damages due to slight negligence. Mandatory statutory liability provisions remain unaffected. NTW digital solutions GmbH assumes no responsibility for the availability, content, or quality of services provided by third parties.
Force Majeure
Events of force majeure, such as natural disasters, pandemics, government orders, strikes, or similar events, release NTW from its performance obligations for the duration of the disruption. The customer may not derive any claims for damages or refunds from such circumstances.
Place of Jurisdiction
The place of jurisdiction for all contracting parties is CH-6814 Cadempino. The agreements and arrangements are governed by Swiss law. Should individual provisions of these General Terms and Conditions be void or legally invalid, the remaining provisions shall remain in effect. In such a case, void or legally invalid provisions shall be replaced by legally valid, similar provisions.
Cadempino, 5 August 2026