General terms — Mintaka

Scope

These Terms apply to any offer, quote, or contract concluded between Mintaka Sàrl and a customer, unless otherwise agreed in writing. Customer terms that diverge apply only if expressly accepted in writing.

Services

Mintaka Sàrl provides design, development, hosting, and operation services for software, as well as associated consulting. The precise scope of each service is defined in the quote or framework agreement signed with the customer.

Mintaka's obligations

Mintaka Sàrl undertakes to perform the services with the diligence of a qualified professional, in accordance with the state of the art and the agreed specifications. Mintaka Sàrl is bound by an obligation of means.

Customer obligations

The customer undertakes to provide in a timely manner the information, access, and elements necessary for the execution of the services. The customer is responsible for the use made of the delivered products and undertakes not to use them for unlawful purposes.

Price and payment

Prices are stated in Swiss francs (CHF), exclusive of VAT. Unless otherwise stated, invoices are payable net within 30 days. Any delay triggers default interest of 5% per year, without formal notice.

Intellectual property

Unless otherwise stipulated, rights to specific products developed for a customer are transferred to the customer after full payment. Mintaka Sàrl retains rights to its tools, frameworks, components, and pre-existing generic products.

Warranty and liability

Mintaka Sàrl warrants the conformity of its services to the agreed specifications for a period of twelve months from delivery. Any other warranty is excluded within the limits permitted by law. Mintaka Sàrl's liability is capped at the total amount invoiced to the customer for the concerned service over the past twelve months.

Term and termination

Recurring operation contracts (SaaS) may be terminated by either party in writing, with 30 days' notice to the end of a month, unless otherwise agreed. Project contracts end upon delivery and acceptance of the services.

Governing law and jurisdiction

These Terms are governed by Swiss law, excluding conflict-of-laws rules. Exclusive jurisdiction is Fribourg, subject to recourse to the defendant's forum for disputes with consumers.