1. Scope of application
These General Terms and Conditions (GTC) apply to all products and services of the company mame software development hüttig (hereinafter referred to as “mame”).
The subject of the contract between mame and a customer can be the following products and services:
- Products such as software, software licenses, subscriptions.
- Services such as software development.
The products and services of mame are aimed exclusively at customers in Switzerland.
In case of doubt the German version of the GTC is valid.
2. Conclusion of contract
The customer concludes a contract with mame by signing an offer or a contract or electronically ordering a product or service. Details of the products and services are described in the respective contract.
Ordering a product (e.g. software, software license, subscription) or service is a binding offer. There is no right to an exchange or refund of a product.
3. Products
Products can be software, software licenses, subscriptions and combinations thereof.
3.1 Licenses
A license entitles you to use a software for the purchased number of end products (end product: an application, e.g. a website).
A license includes updates and support (by email) for the duration and number of end products specified in the contract or in the product description. Certain software functions may be restricted without a valid license.
3.1.1 Termination of contract
A subscription associated with a license can be canceled at any time, unless otherwise stated in the relevant contract. In this case, the license is valid until the end of the period already paid for. There is no entitlement to an exchange or refund of a purchased license.
The notice periods specified in the respective description or contract apply.
The termination must be made either directly on the respective platform or can be made by email or in writing.
3.1.2 License transfer
Licenses may only be transferred to other natural or legal persons under the following conditions:
- The entire license is transferred, which means that the license and the software associated with the license can no longer be used by the original holder of the license.
- The new holder accepts the terms and conditions in force at the time of the transfer as well as any other agreements and terms agreed to by the original customer in connection with the license.
3.1.3 Copyright
The software itself or the source code is protected by copyright and may not be resold or distributed.
4.2 Subscriptions
Subscriptions are concluded for an indefinite period of time and are automatically renewed towards the end of the respective term.
4.2.1 Cancellation of subscriptions
Unless otherwise stated in the respective contract, subscriptions can be canceled at any time. There is no right to a refund for subscriptions that have already been paid for.
Canceled subscriptions are not automatically renewed after the end of the respective term.
The termination must be made either directly on the respective platform or can be made by email or in writing.
4.2.2 Transfer of subscriptions
Subscriptions cannot be transferred to other natural or legal persons.
5. Services
5.1 Contract start and duration
The start and duration of the contract are specified in the respective contract.
5.2 Order Execution
The offers and quotations are non-binding until they are confirmed in writing by mame in an order confirmation or by both parties in a corresponding contract. The basis for an offer are the details in the contract. Services requested by the customer that are not included in the offer and/or the placing of the order will be invoiced additionally.
mame’s services are billed according to actual expenditure. This also applies to the cost and time frame specified in the offer or the contract, which is considered a non-binding estimate.
mame reserves the right to call in third parties to fulfill the contract if necessary.
5.3 Terms of payment
The contractually agreed fee applies. If no explicit fee is specified in the contract, the hourly rate of CHF 200.00 plus VAT applies.
The payment of the fee must be made within 14 days as soon as mame has submitted a corresponding invoice, including proof of the hours worked, to the customer.
5.4 Due diligence
mame undertakes to carry out the order to the best of its knowledge and belief with customary care.
6. Limitation of Liability
To the extent permitted by law, mame excludes all liability, regardless of its legal basis, as well as claims for damages in connection with the use of the service or the result of the service.
The customer expressly acknowledges and expressly agrees that mame, to the extent permitted by law, is not liable for direct or indirect damage or consequential damage from loss of profit, goodwill, impossibility of use, loss of data, other personal injury, property damage or purely financial damage of the user or other material as well as immaterial damage caused by the use or the impossibility of using the service offered or the result of the service.
7. Data protection
The products and services of mame are aimed exclusively at customers in Switzerland. mame processes personal data in accordance with Swiss data protection law. The data protection declaration can be found on the following page:
Privacy Notice
8. Applicable law and jurisdiction
Swiss law is exclusively applicable. The place of jurisdiction is the registered office of mame.
9. Changes
mame can change these GTC at any time. Changes will be announced to the customer at least four weeks before a change and are considered approved if the customer does not object within four weeks after notification of the change by email or in writing.
When customers buy products or conclude service contracts, the GTC apply in the version valid at the time. For renewals of software licenses and subscriptions, the valid GTC at the time of renewal apply. This applies to both manual and automatic renewals.
10. Final provisions
Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining General Terms and Conditions.