These General Terms and Conditions (GTC) apply to all business relationships between XMB Group AG (hereinafter "XMB" or "we") and its customers (hereinafter "Customer" or "you").
XMB Group AG
Eichengasse 3
4702 Oensingen
Switzerland
UID: CHE-361.494.354
Deviating conditions of the customer are not recognized unless XMB expressly agrees to their validity in writing.
XMB provides qualified IT specialists for project-based and long-term assignments. The exact scope of services is defined in individual contracts.
XMB offers comprehensive cyber security services, including CISO-as-a-Service, Managed Detection & Response, Penetration Testing, and compliance consulting. The scope is agreed on a project-specific basis.
XMB develops custom software solutions and offers SaaS products. Specific services, delivery dates, and conditions are governed by separate project contracts.
Offers from XMB are non-binding. A contract is only concluded upon written order confirmation from XMB or by commencement of service provision.
All prices are in Swiss Francs (CHF) and exclude value-added tax (VAT), unless otherwise stated.
Invoices are payable within 30 days of the invoice date without deduction, unless otherwise agreed. In case of late payment, we are entitled to charge default interest of 5% p.a.
Effort estimates are non-binding. We will inform the customer in good time of any foreseeable overruns.
The customer undertakes to:
Each party retains all rights to its pre-existing intellectual property.
Upon full payment, the usage rights to work results specifically created for the customer are transferred to the customer, unless otherwise agreed. XMB retains the right to reuse generic components and know-how.
Both parties undertake to keep confidential information of the other party secret and to use it only for the purposes of the collaboration. This obligation continues after termination of the contract.
XMB provides its services with the diligence of a prudent businessman. In case of defects, XMB is initially entitled to rectification.
The warranty period is 12 months from acceptance of the service.
XMB is only liable for damages caused by intent or gross negligence. Liability for slight negligence is excluded to the extent permitted by law.
Liability is limited in any case to the order value, but not more than CHF 100,000 per damage event.
XMB is not liable for indirect damages, consequential damages, lost profits, or data loss.
The contract duration is governed by the individual agreements.
Unless otherwise agreed, ongoing contracts may be terminated with 3 months' notice at the end of a month.
The right to extraordinary termination for good cause remains unaffected.
The processing of personal data is carried out in accordance with our Privacy Policy and the Swiss Data Protection Act (DSG).
Neither party is liable for delays or failures in performance due to force majeure (e.g., natural disasters, pandemics, war, strikes).
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction is Oensingen, Switzerland. However, XMB is entitled to sue the customer at their place of business.
Last updated: January 2025