1. Scope
These Terms and Conditions ("Terms") of Archify AG ("Archify") govern the contractual relationship with the client ("Client").
Any deviating terms of the Client apply only if expressly accepted by Archify in writing. Archify may amend these Terms where changes
are required due to changed circumstances and are reasonable for the Client. Archify will notify such changes within a reasonable notice period.
These Terms also apply to future transactions between the parties.
2. Offers and Contract Formation
Offers on our website are non-binding. Prices provided in an offer are valid provided the project assumptions remain unchanged
and are generally valid for three months.
3. Prices
Unless otherwise agreed, prices stated in an offer or order confirmation are exclusive of VAT. Additional services requested by the Client
during project execution may be charged separately. Minor revisions are included; substantial changes to architecture or changes after approval
may result in additional fees.
4. Services
Archify provides CAD drafting, 3D visualizations and animations. Services are performed with due care and may be performed in whole or in part
by third parties. The Client must provide all required plans, documents and decisions in due time. If supplied data contains inconsistencies,
Archify may interpret information based on available documentation. Deviations from client source data must be reported immediately; otherwise
delivered results are deemed approved.
5. Warranty
5.1 The Client must promptly review deliverables and report identifiable defects. Archify shall be given the opportunity to remedy defects within a reasonable period.
5.2 Deviations between visualized materials/details and final built reality are technically possible and typical for visualization work.
5.3 Defect notices must be submitted in writing without delay, at the latest within 14 days of delivery.
5.4 In case of timely notice, Archify may choose correction or replacement delivery. Further warranty or damages are excluded to the extent permitted by law.
6. Liability
6.1 Archify is liable for intent and gross negligence. For slight negligence, liability exists only for breach of essential contractual obligations and is limited to foreseeable, typical damage and to the agreed fee.
6.2 Archify is not liable for data loss where the Client failed to perform adequate backups.
6.3 Visualizations, interactive models and VR content are presentation media and do not replace architectural, engineering or surveying calculations.
6.4 Archify is not liable for delays caused by client-requested changes.
7. Payment and Default
Unless otherwise agreed, invoices are due within 10 days of receipt. Archify may request an advance payment of 30-50% after contract conclusion.
In case of delay, default interest and reminder/legal recovery costs may be charged.
8. Retention of Title and Copyright
Deliverables remain property of Archify until full payment. Usage rights are granted only after full payment. The Client is solely responsible
for ensuring that third-party rights are not infringed by source material and shall indemnify Archify against such claims.
9. Grant of Rights
Archify may archive two copies of commissioned work for documentation purposes and may use completed work for self-promotion,
unless overriding legitimate interests of the Client prevent this.
10. Data Protection
Archify may process and store data received in connection with an order and share necessary data with involved service providers for project execution,
in compliance with applicable data protection law.
11. Final Provisions
Amendments or supplements should be made in writing (email is sufficient unless mandatory law requires stricter form). If any provision is invalid,
the remaining provisions remain unaffected; invalid provisions shall be replaced by valid provisions that best reflect their economic purpose.
12. Governing Law and Jurisdiction
12.1 Swiss law applies to these Terms and all legal relationships with Archify, including with foreign clients and partners.
12.2 Place of jurisdiction is Bern, Switzerland.