Scope
These General Terms and Conditions (GTC) apply to all contracts and services between WAIO Frei Applications (hereinafter "WAIO") and the client. By commissioning WAIO or using our services, the client agrees to these GTC.
Conclusion of contract
A contract is concluded by written order confirmation from WAIO or by the commencement of work. Cost estimates are non-binding unless expressly stated otherwise.
Scope of services
WAIO provides services in the areas of web development, mobile app development, game development, and IT consulting. The exact scope of services is defined in the respective project contract or offer.
Fees and payment terms
Fees are based on the respective offer or contract. Invoices are due for payment within 30 days of the invoice date without deduction. In case of late payment, default interest of 5% p.a. will be charged. WAIO reserves the right to require partial payments or advance payments for larger projects.
Client's cooperation obligations
The client undertakes to provide all information, materials, and access necessary for project implementation in a timely and complete manner. Delays due to the client's lack of cooperation may result in additional costs and schedule shifts, which will be charged to the client.
Delivery times and deadlines
Agreed dates are guidelines and are only binding if expressly designated as fixed dates. WAIO is entitled to make partial deliveries. Delivery delays due to force majeure, strikes, or unforeseeable events do not entitle to claims for damages.
Copyright and usage rights
All works created by WAIO (code, designs, concepts) remain the property of WAIO until full payment. After full payment, the agreed usage rights transfer to the client. WAIO reserves the right to use completed projects for reference purposes.
Warranty
WAIO guarantees the contractual provision of services in accordance with the state of the art. The warranty period is 12 months from acceptance. In the case of justified defects, WAIO will, at its own discretion, remedy the defect or re-perform the service. Further claims are excluded.
Liability
WAIO's liability is limited to intent and gross negligence. In the case of slight negligence, WAIO is only liable for the breach of essential contractual obligations and is limited to foreseeable damage. Liability is in any case limited to the order amount. Liability for lost profits, consequential damages, or data loss is excluded.
Confidentiality
WAIO undertakes to treat all confidential information received from the client as strictly confidential and to use it only for the fulfillment of the contract. This obligation continues after the end of the contract.
Data protection
The processing of personal data is carried out in accordance with our Privacy Policy and the applicable data protection regulations. WAIO undertakes to take appropriate technical and organizational measures to protect the data.
Termination
Both parties may terminate the contractual relationship in writing with 30 days' notice. Immediate termination is possible for good cause. Services already rendered are to be remunerated in any case.
Force majeure
WAIO is relieved from fulfilling its obligations insofar as unforeseeable events of force majeure (natural disasters, wars, pandemics, cyberattacks, etc.) make performance impossible or unreasonably difficult.
Changes to the GTC
WAIO reserves the right to amend these GTC if necessary. Customers will be informed of significant changes in good time. If the customer does not object within 30 days, the amended GTC are deemed accepted.
Final provisions
Swiss law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Wattwil (Switzerland). Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by legally permissible provisions that come closest to the economic purpose.
Contact
If you have questions about these GTC, please contact:
WAIO Frei Applications
Hüttisbühl 2771
9642 Ebnat-Kappel
Switzerland
E-mail: info@waio.ch
As of: November 2025