Terms of Service
1. General Terms
1.1 These General Terms and Conditions (GTC) are binding for all contractual relationships between Mecas GmbH and the client, provided they are declared applicable and made accessible in the offer or the contract by Mecas GmbH.
1.2 Counter-confirmations by the client referring to their own terms and conditions or other pre-formulated contract terms are hereby expressly rejected. Such terms from the client will not become part of the contract, even if the contract is still executed. Deviations from these GTC are only valid if confirmed in writing by Mecas GmbH.
1.3 Mecas GmbH reserves the right to amend these GTC at any time. Mecas GmbH will promptly inform the client of such changes. If the client does not object within 14 days of receiving the change notification, the amended GTC will be deemed accepted by the client. The current GTC will also apply to all existing orders when a new order is placed.
1.4 All agreements, contract amendments, and legally relevant declarations between the contracting parties do not require any special form to be valid. This also applies to changes to this provision. Declarations made in text form, transmitted or recorded by electronic media, are considered equivalent to written form.
1.5 Should any provision of these GTC prove to be wholly or partially invalid, the contracting parties will replace this provision with a new one that comes as close as possible to the legal and economic intent of the original.
1.6 Mecas GmbH is entitled to involve third parties to fulfill the contract.
1.7 Mecas GmbH is entitled to deviate from the service description for reasons of self-supply or technical development, particularly regarding the hardware and software used, provided that this does not lead to a restriction of the contractually owed functions and is reasonable for the client.
1.8 Mecas GmbH's offer is solely directed at businesses, legal entities under public law, and public law special assets, and is not intended for consumers. The client guarantees that they will not order services as a consumer.
2. Offer and Conclusion of Contract
2.1 All offers from Mecas GmbH are non-binding.
2.2 The contract is considered concluded when Mecas GmbH has confirmed the client’s acceptance or order in writing. The contract is also considered concluded when Mecas GmbH begins executing the order.
3. Subject of the Contract and Service Description
3.1 Mecas GmbH offers staffing, consulting, and software services, particularly in the areas of Data Science, AI, and Machine Learning.
3.2 The type and scope of the customized services are contractually agreed upon between the client and Mecas GmbH.
3.3 Mecas GmbH may handle adjacent or similar projects for different clients. In doing so, Mecas GmbH will not prioritize one client’s interests over those of another. Mecas GmbH does not provide exclusive services for specific industries or geographic areas.
4. Cooperation
4.1 The client is obligated to provide all necessary contributions to enable Mecas GmbH to fulfill its contractual services. In particular, the client will provide all information required for the execution of the contract.
4.2 The client will, in particular, provide the necessary premises, technical environments, information sources, and documents required for the services to be provided by Mecas GmbH at no cost to Mecas GmbH. Additionally, the client will promptly make decisions regarding project execution and content, inform Mecas GmbH accordingly, and review any change proposals from Mecas GmbH without delay.
4.3 If the client fails to fulfill their cooperation obligations properly or in a timely manner, the agreed-upon execution deadlines will be extended to match the delay in fulfillment. Mecas GmbH is entitled to charge for additional efforts resulting from inadequate cooperation, particularly for extended provision of personnel or resources, at the agreed rates. If no rates are agreed upon, Mecas GmbH's current list prices will apply.
4.4 If the client’s offer documents contain gaps or ambiguities, Mecas GmbH is entitled to clarify these appropriately, taking into account the client’s interests and the purpose of the contract.
4.5 If additional effort arises due to gaps or deficiencies in the documents and information provided by the client, Mecas GmbH is entitled to charge for the additional effort at the agreed rates or, in the absence of an agreement, at Mecas GmbH's list prices applicable at the time of engagement. This also applies to additional effort resulting from conflicting or erroneous information provided by the client, their employees, or other agents.
5. Prices and Payment Terms
5.1 Unless otherwise agreed in writing, Mecas GmbH's prices are quoted in Swiss Francs (CHF).
5.2 For additional services not agreed upon in the contract, the monthly retainer fee may be increased in consultation with the client, or an hourly rate of CHF 200 may be charged.
5.3 If hourly quotas are offered, they will be billed to the minute. However, no refund will be provided for unused hourly quotas. Hourly quotas can be used until the statute of limitations expires.
5.4 Pausing services is generally not possible. Any contrary agreements between Mecas GmbH and the client will take precedence over this rule.
5.5 Payments are due within 14 days of the invoice date. Any different payment terms must be agreed upon in writing in advance.
5.6 If the client falls behind on payments to Mecas GmbH, after prior notification (by phone, email, or reminder), is entitled to suspend the affected services, including third-party services, immediately. Any additional effort incurred will be charged by Mecas GmbH as per section 5.2. Services and account access will be reactivated once the outstanding invoices have been paid, along with a default interest rate of 15% per annum, but at least the statutory interest rate.
5.7 If partial payments have been agreed upon, the entire remaining balance becomes immediately due for payment as soon as the client falls into arrears with two installments, either partially or wholly.
5.8 Payments by bill of exchange and check must be agreed upon in advance. Discount and other bill of exchange costs are to be borne by the client. Payments by check are only considered made once they are credited to Mecas GmbH's account.
6. Copyright Usage Rights
6.1 During the contract period, the client has the right to use all content created by Mecas GmbH for the client. The copyright and any other intellectual property rights to these works remain with Mecas GmbH.
6.2 After the completion of a contract for a one-time project, the client is entitled to continue using the content created by Mecas GmbH. However, this right does not apply after the termination of a contract for services provided on a monthly basis.
7. Warranty and Liability
7.1 Mecas GmbH is only liable for damages caused by gross negligence or intentional misconduct by Mecas GmbH, its legal representatives, employees, or agents. In the event of a breach of essential contractual obligations by Mecas GmbH, which are necessary for the proper execution of the contract and whose breach endangers the achievement of the contract's purpose, and on which the other party regularly relies, Mecas GmbH is also liable for simple negligence.
7.2 Mecas GmbH and its agents are liable for slight negligence only to the extent of foreseeable and contract-typical damages at the time the contract was concluded.
7.3 Mecas GmbH is always fully liable for damages resulting from injury to life, body, or health, as well as for claims under the Product Liability Act.
7.4 Mecas GmbH's warranty is limited to one year. For claims for damages resulting from intentional or grossly negligent conduct, as well as for claims under the Product Liability Act, the statutory limitation periods apply. Sentences 1 and 2 do not apply to contracts where the resale to consumers by the client has been agreed upon. In such cases, the warranty period for used goods is one year; otherwise, the statutory warranty period applies.
7.5 Mecas GmbH is not liable for damages caused by improper use, faulty operation, improper repairs, or other interventions by the client or third parties. This includes failure to observe installation conditions for sensitive hardware, lack of maintenance, unsuitable operating materials, avoidable chemical, electrochemical, or electrical influences, among others.
7.6 Initially, Mecas GmbH's warranty is limited, at Mecas GmbH discretion, to rectification of defects or replacement (collectively, subsequent performance). If one of the alternatives involves disproportionately high costs or is otherwise unreasonable for the client, Mecas GmbH may choose the other alternative. Subsequent performance is considered to have failed if the second attempt at rectification is unsuccessful, if rectification is unreasonable for Mecas GmbH, or if rectification is refused. In the event of failure of rectification, the client is entitled to withdraw from the contract or to reduce the price.
7.7 In the case of software defects, Mecas GmbH is entitled to offer a workaround instead of rectification, where the software or services can still be used despite the defect through a different method of operation ("Workaround"). Mecas GmbH will ensure defect rectification within a reasonable time thereafter.
7.8 The client is responsible for securing their data unless this is expressly included in Mecas GmbH's contractual obligations. Liability for data loss is excluded unless the data loss was caused by intentional or grossly negligent actions or omissions by Mecas GmbH or one of its agents.
8. Contract Duration and Termination
8.1 The duration of Mecas GmbH's service is contractually agreed upon between the client and Mecas GmbH. If no other agreement is made, a minimum contract duration of one month applies. After the expiration of the minimum term, the contract may be terminated in writing, effective at the end of the month following the termination notice.
8.2 The right to terminate for cause remains unaffected. Important reasons for Mecas GmbH to terminate the contract without notice include, but are not limited to, the following:The client ceases payments, insolvency proceedings are opened against them, or the client’s claims are seized and the seizure is not lifted within two weeks; The contracting party fails to comply with the provisions regarding the admissibility of content and terms with third parties or violates essential contractual obligations, such as confidentiality (Section 9); Third parties challenge the legality of the terms and page content registered by the client.
9. Consultant Engagement and Non-Hiring
9.1 Fee Structure: The client agrees not to hire or engage, directly or indirectly, any candidate introduced by Mecas GmbH as a consultant, employee, or in any other capacity during the consulting period and for a period of 12 months following the end of the consulting engagement. Any breach of this agreement will result in a placement fee equal to 20% of the candidate’s first annual gross salary or equivalent compensation package.
9.2 Payment Terms: The agreed fee is payable within 30 days of the breach notification.
9.3 Late Payment Penalty: A late fee of 1.5% per month will be applied to any overdue payments.
9.4 Non-Circumvention: The client agrees not to engage introduced candidates indirectly or through third parties to avoid this agreement.
10. Confidentiality
The client agrees to keep all business and trade secrets, or information designated as confidential, received from Mecas GmbH or persons acting on behalf of Mecas GmbH, confidential. This confidentiality obligation applies throughout the entire duration of the contract and for 3 years after the termination of the contractual relationship.
11. Applicable Law and Jurisdiction
Swiss law applies, excluding Swiss international private law. The exclusive jurisdiction is at the location of Mecas GmbH's headquarters.
12. Data Protection
Mecas GmbH collects and processes personal data in the context of the contractual relationship according to the separately provided privacy policy. If data processing by Mecas GmbH is to occur, the client must request a separate data processing agreement. A sample DPA is available upon request by email.
13. Final Provisions
13.1 Should any of these conditions be invalid, the validity of the contract and the remaining provisions shall remain unaffected.
13.2 The client is not entitled to assign claims arising from a contract with Mecas GmbH.
1.1 These General Terms and Conditions (GTC) are binding for all contractual relationships between Mecas GmbH and the client, provided they are declared applicable and made accessible in the offer or the contract by Mecas GmbH.
1.2 Counter-confirmations by the client referring to their own terms and conditions or other pre-formulated contract terms are hereby expressly rejected. Such terms from the client will not become part of the contract, even if the contract is still executed. Deviations from these GTC are only valid if confirmed in writing by Mecas GmbH.
1.3 Mecas GmbH reserves the right to amend these GTC at any time. Mecas GmbH will promptly inform the client of such changes. If the client does not object within 14 days of receiving the change notification, the amended GTC will be deemed accepted by the client. The current GTC will also apply to all existing orders when a new order is placed.
1.4 All agreements, contract amendments, and legally relevant declarations between the contracting parties do not require any special form to be valid. This also applies to changes to this provision. Declarations made in text form, transmitted or recorded by electronic media, are considered equivalent to written form.
1.5 Should any provision of these GTC prove to be wholly or partially invalid, the contracting parties will replace this provision with a new one that comes as close as possible to the legal and economic intent of the original.
1.6 Mecas GmbH is entitled to involve third parties to fulfill the contract.
1.7 Mecas GmbH is entitled to deviate from the service description for reasons of self-supply or technical development, particularly regarding the hardware and software used, provided that this does not lead to a restriction of the contractually owed functions and is reasonable for the client.
1.8 Mecas GmbH's offer is solely directed at businesses, legal entities under public law, and public law special assets, and is not intended for consumers. The client guarantees that they will not order services as a consumer.
2. Offer and Conclusion of Contract
2.1 All offers from Mecas GmbH are non-binding.
2.2 The contract is considered concluded when Mecas GmbH has confirmed the client’s acceptance or order in writing. The contract is also considered concluded when Mecas GmbH begins executing the order.
3. Subject of the Contract and Service Description
3.1 Mecas GmbH offers staffing, consulting, and software services, particularly in the areas of Data Science, AI, and Machine Learning.
3.2 The type and scope of the customized services are contractually agreed upon between the client and Mecas GmbH.
3.3 Mecas GmbH may handle adjacent or similar projects for different clients. In doing so, Mecas GmbH will not prioritize one client’s interests over those of another. Mecas GmbH does not provide exclusive services for specific industries or geographic areas.
4. Cooperation
4.1 The client is obligated to provide all necessary contributions to enable Mecas GmbH to fulfill its contractual services. In particular, the client will provide all information required for the execution of the contract.
4.2 The client will, in particular, provide the necessary premises, technical environments, information sources, and documents required for the services to be provided by Mecas GmbH at no cost to Mecas GmbH. Additionally, the client will promptly make decisions regarding project execution and content, inform Mecas GmbH accordingly, and review any change proposals from Mecas GmbH without delay.
4.3 If the client fails to fulfill their cooperation obligations properly or in a timely manner, the agreed-upon execution deadlines will be extended to match the delay in fulfillment. Mecas GmbH is entitled to charge for additional efforts resulting from inadequate cooperation, particularly for extended provision of personnel or resources, at the agreed rates. If no rates are agreed upon, Mecas GmbH's current list prices will apply.
4.4 If the client’s offer documents contain gaps or ambiguities, Mecas GmbH is entitled to clarify these appropriately, taking into account the client’s interests and the purpose of the contract.
4.5 If additional effort arises due to gaps or deficiencies in the documents and information provided by the client, Mecas GmbH is entitled to charge for the additional effort at the agreed rates or, in the absence of an agreement, at Mecas GmbH's list prices applicable at the time of engagement. This also applies to additional effort resulting from conflicting or erroneous information provided by the client, their employees, or other agents.
5. Prices and Payment Terms
5.1 Unless otherwise agreed in writing, Mecas GmbH's prices are quoted in Swiss Francs (CHF).
5.2 For additional services not agreed upon in the contract, the monthly retainer fee may be increased in consultation with the client, or an hourly rate of CHF 200 may be charged.
5.3 If hourly quotas are offered, they will be billed to the minute. However, no refund will be provided for unused hourly quotas. Hourly quotas can be used until the statute of limitations expires.
5.4 Pausing services is generally not possible. Any contrary agreements between Mecas GmbH and the client will take precedence over this rule.
5.5 Payments are due within 14 days of the invoice date. Any different payment terms must be agreed upon in writing in advance.
5.6 If the client falls behind on payments to Mecas GmbH, after prior notification (by phone, email, or reminder), is entitled to suspend the affected services, including third-party services, immediately. Any additional effort incurred will be charged by Mecas GmbH as per section 5.2. Services and account access will be reactivated once the outstanding invoices have been paid, along with a default interest rate of 15% per annum, but at least the statutory interest rate.
5.7 If partial payments have been agreed upon, the entire remaining balance becomes immediately due for payment as soon as the client falls into arrears with two installments, either partially or wholly.
5.8 Payments by bill of exchange and check must be agreed upon in advance. Discount and other bill of exchange costs are to be borne by the client. Payments by check are only considered made once they are credited to Mecas GmbH's account.
6. Copyright Usage Rights
6.1 During the contract period, the client has the right to use all content created by Mecas GmbH for the client. The copyright and any other intellectual property rights to these works remain with Mecas GmbH.
6.2 After the completion of a contract for a one-time project, the client is entitled to continue using the content created by Mecas GmbH. However, this right does not apply after the termination of a contract for services provided on a monthly basis.
7. Warranty and Liability
7.1 Mecas GmbH is only liable for damages caused by gross negligence or intentional misconduct by Mecas GmbH, its legal representatives, employees, or agents. In the event of a breach of essential contractual obligations by Mecas GmbH, which are necessary for the proper execution of the contract and whose breach endangers the achievement of the contract's purpose, and on which the other party regularly relies, Mecas GmbH is also liable for simple negligence.
7.2 Mecas GmbH and its agents are liable for slight negligence only to the extent of foreseeable and contract-typical damages at the time the contract was concluded.
7.3 Mecas GmbH is always fully liable for damages resulting from injury to life, body, or health, as well as for claims under the Product Liability Act.
7.4 Mecas GmbH's warranty is limited to one year. For claims for damages resulting from intentional or grossly negligent conduct, as well as for claims under the Product Liability Act, the statutory limitation periods apply. Sentences 1 and 2 do not apply to contracts where the resale to consumers by the client has been agreed upon. In such cases, the warranty period for used goods is one year; otherwise, the statutory warranty period applies.
7.5 Mecas GmbH is not liable for damages caused by improper use, faulty operation, improper repairs, or other interventions by the client or third parties. This includes failure to observe installation conditions for sensitive hardware, lack of maintenance, unsuitable operating materials, avoidable chemical, electrochemical, or electrical influences, among others.
7.6 Initially, Mecas GmbH's warranty is limited, at Mecas GmbH discretion, to rectification of defects or replacement (collectively, subsequent performance). If one of the alternatives involves disproportionately high costs or is otherwise unreasonable for the client, Mecas GmbH may choose the other alternative. Subsequent performance is considered to have failed if the second attempt at rectification is unsuccessful, if rectification is unreasonable for Mecas GmbH, or if rectification is refused. In the event of failure of rectification, the client is entitled to withdraw from the contract or to reduce the price.
7.7 In the case of software defects, Mecas GmbH is entitled to offer a workaround instead of rectification, where the software or services can still be used despite the defect through a different method of operation ("Workaround"). Mecas GmbH will ensure defect rectification within a reasonable time thereafter.
7.8 The client is responsible for securing their data unless this is expressly included in Mecas GmbH's contractual obligations. Liability for data loss is excluded unless the data loss was caused by intentional or grossly negligent actions or omissions by Mecas GmbH or one of its agents.
8. Contract Duration and Termination
8.1 The duration of Mecas GmbH's service is contractually agreed upon between the client and Mecas GmbH. If no other agreement is made, a minimum contract duration of one month applies. After the expiration of the minimum term, the contract may be terminated in writing, effective at the end of the month following the termination notice.
8.2 The right to terminate for cause remains unaffected. Important reasons for Mecas GmbH to terminate the contract without notice include, but are not limited to, the following:The client ceases payments, insolvency proceedings are opened against them, or the client’s claims are seized and the seizure is not lifted within two weeks; The contracting party fails to comply with the provisions regarding the admissibility of content and terms with third parties or violates essential contractual obligations, such as confidentiality (Section 9); Third parties challenge the legality of the terms and page content registered by the client.
9. Consultant Engagement and Non-Hiring
9.1 Fee Structure: The client agrees not to hire or engage, directly or indirectly, any candidate introduced by Mecas GmbH as a consultant, employee, or in any other capacity during the consulting period and for a period of 12 months following the end of the consulting engagement. Any breach of this agreement will result in a placement fee equal to 20% of the candidate’s first annual gross salary or equivalent compensation package.
9.2 Payment Terms: The agreed fee is payable within 30 days of the breach notification.
9.3 Late Payment Penalty: A late fee of 1.5% per month will be applied to any overdue payments.
9.4 Non-Circumvention: The client agrees not to engage introduced candidates indirectly or through third parties to avoid this agreement.
10. Confidentiality
The client agrees to keep all business and trade secrets, or information designated as confidential, received from Mecas GmbH or persons acting on behalf of Mecas GmbH, confidential. This confidentiality obligation applies throughout the entire duration of the contract and for 3 years after the termination of the contractual relationship.
11. Applicable Law and Jurisdiction
Swiss law applies, excluding Swiss international private law. The exclusive jurisdiction is at the location of Mecas GmbH's headquarters.
12. Data Protection
Mecas GmbH collects and processes personal data in the context of the contractual relationship according to the separately provided privacy policy. If data processing by Mecas GmbH is to occur, the client must request a separate data processing agreement. A sample DPA is available upon request by email.
13. Final Provisions
13.1 Should any of these conditions be invalid, the validity of the contract and the remaining provisions shall remain unaffected.
13.2 The client is not entitled to assign claims arising from a contract with Mecas GmbH.