Terms & Conditions

1. Scope

1.1 These General Terms and Conditions (Terms) apply to all contracts between SwiTech Solution (Shadman Syed, Switzerland; hereinafter «SwiTech Solution», «I» or «provider») and the client (hereinafter «client», «you») for consulting, design, automation and related services, as well as to the use of this website and related inquiries.

1.2 Conflicting or deviating terms of the client are not accepted unless SwiTech Solution expressly agrees to them in writing.

1.3 The offer is aimed primarily at businesses, self-employed persons and organisations (B2B). I only enter into contracts with adults aged 18 or over or with businesses. By making an inquiry or placing an order, the client confirms that they are at least 18 years old and have legal capacity, or are authorised to represent the business.

1.4 If the client is a consumer, i.e. concludes the contract for purposes predominantly outside their trade or independent professional activity, the mandatory consumer protection provisions of the country of their habitual residence remain unaffected. Provisions of these Terms (in particular on acceptance, warranty, liability and jurisdiction) apply to consumers only to the extent permitted by law.

1.5 Right of withdrawal: Consumers habitually resident in the EU or EEA may have a statutory 14-day right of withdrawal for contracts concluded exclusively by means of distance communication. Where such a right exists, I will inform you separately before the contract is concluded, including a model withdrawal form. Under Swiss law, there is no general statutory right of withdrawal for service contracts concluded online.

2. Provider

Further details: Imprint.

3. Services

3.1 The offer of SwiTech Solution includes in particular:

• Workflow automation (e.g. agents for sales, marketing, support and finance) — process analysis as well as implementation and customisation of automated workflows
• Intro calls / consulting — currently partly free of charge as an introduction; possibly subject to a fee in future
• Software / platform — in particular SwiCromAI (beta), where made available separately
• Free resources (e.g. checklists, templates, guides) — non-binding and without warranty; they do not replace individual review

3.2 The specific scope of services is defined in the respective quote, order confirmation or other written agreement (email is sufficient).

3.3 SwiTech Solution may provide partial services and involve subcontractors where appropriate for service delivery (see section 10).

3.4 Information on the website (descriptions, workflows, examples) is non-binding and for information only, unless expressly marked as a binding offer.

4. Conclusion of contract

4.1 Inquiries via the website, forms or email do not constitute a binding offer by the client or acceptance by SwiTech Solution.

4.2 A contract is concluded by:

• a written order confirmation from SwiTech Solution, or
• the client's acceptance of a quote submitted by SwiTech Solution (in writing / by email), or
• the actual start of service delivery after mutual confirmation of the scope.

4.3 I reserve the right to decline inquiries without stating reasons, in particular in case of poor fit, capacity constraints or unclear requirements.

5. Prices and payment

5.1 Prices are quoted individually «on request» or in the quote and, unless stated otherwise, are in CHF. SwiTech Solution is currently not registered for Swiss VAT and therefore does not charge VAT. Should this change, statutory VAT will be shown separately in the quote. Taxes or duties incurred abroad (e.g. under the reverse-charge mechanism) are borne by the client.

5.2 Unless agreed otherwise, invoices are payable net within 14 days.

5.3 In case of late payment, SwiTech Solution may suspend services and charge default interest and reasonable reminder fees, to the extent permitted by law.

5.4 Additional work outside the agreed scope (e.g. additional workflows, changed requirements, waiting times due to lack of cooperation) may be offered and charged on a time-and-material basis or by addendum.

5.5 Free services (e.g. the current intro call or free resources) do not create any entitlement to free follow-up services.

6. Client cooperation

6.1 The client provides all information, access, contact persons and approvals required for service delivery in good time.

6.2 The client ensures that they are authorised to grant access and to use the affected systems and data, and that no third-party rights are infringed.

6.3 Delays or additional costs due to missing or late cooperation are borne by the client.

7. Dates and deadlines

7.1 Dates are only binding if expressly agreed as binding.

7.2 In case of obstacles beyond my control (including outages of third-party tools such as n8n Cloud, Make or API providers), deadlines may be extended appropriately.

8. Acceptance and defects

8.1 For the delivery of workflows, concepts or documentation, the service is deemed accepted if the client:

• expressly declares acceptance, or
• does not report material defects in writing within 10 business days of handover, or
• uses the service productively.

8.2 Minor defects do not entitle the client to refuse acceptance.

8.3 In case of justified defects reported in good time, SwiTech Solution has the right, at its discretion, to remedy them within a reasonable period. If the remedy fails, statutory rights remain reserved unless agreed otherwise.

8.4 Problems caused by changes made by the client or third parties, system updates by third-party providers or lack of cooperation do not constitute defects.

9. Beta software (in particular SwiCromAI)

9.1 Products in the beta phase are provided «as is». There are no warranties regarding availability, freedom from errors, completeness or fitness for a particular purpose, unless mandatory law provides otherwise.

9.2 Being on a waitlist does not create any entitlement to access, specific features or a launch date.

9.3 Separate terms of use may apply to beta software; in case of doubt, they take precedence.

10. Use of third parties

10.1 SwiTech Solution may involve subcontractors or technical service providers in delivering services.

10.2 Unless expressly agreed otherwise, SwiTech Solution remains the client's contractual counterparty.

10.3 Project data is only passed on to third parties involved to the extent necessary for service delivery and subject to confidentiality (see also the privacy policy).

11. Intellectual property

11.1 All rights to this website, trademarks, concepts, templates and own tools remain with SwiTech Solution or the respective rights holders.

11.2 Upon full payment, the client receives a simple, non-exclusive right to use the work results created specifically for them (e.g. configured workflows, project documentation) for the agreed purpose, unless agreed otherwise.

11.3 General methods, know-how, templates and reusable components of SwiTech Solution remain its property and may be used in other projects without disclosing confidential client data.

11.4 Rights to third-party software and platforms (n8n, Make, OpenAI, etc.) remain with the respective providers; the client is responsible for complying with their licence terms.

12. Confidentiality

12.1 Both parties undertake not to disclose confidential information of the other party to third parties without authorisation and to use it only to perform the contract.

12.2 Information that is publicly known, lawfully obtained from third parties or independently developed is not confidential.

12.3 This obligation applies for the duration of the contract and for three years thereafter, unless a longer statutory obligation exists.

13. Data protection

The processing of personal data is governed by the privacy policy. The client ensures that they may lawfully transmit personal data of third parties (e.g. employees, end customers) to SwiTech Solution.

14. Liability

14.1 SwiTech Solution is liable without limitation for damage resulting from intentional or grossly negligent breach of duty and for damage resulting from injury to life, body or health, where mandatory.

14.2 In case of slight negligence, SwiTech Solution is liable — to the extent permitted by law — only for breach of essential contractual obligations and limited to the typically foreseeable damage, but at most to the amount of remuneration paid by the client for the relevant order in the last 12 months.

14.3 Liability for indirect damage, consequential damage, lost profit, data loss and business interruption is excluded to the extent permitted by law.

14.4 SwiTech Solution is not liable for outages or changes of third-party services (APIs, cloud tools, email providers, etc.).

14.5 The above limitations do not apply where mandatory law provides otherwise.

15. Termination / ongoing contracts

15.1 One-off projects end upon acceptance or agreed completion of services.

15.2 Ongoing support or other continuing obligations may — unless agreed otherwise — be terminated by either party with 30 days' notice to the end of a month in writing (email is sufficient).

15.3 The right to extraordinary termination for good cause remains reserved (e.g. late payment despite reminder, serious breach of contract).

15.4 Services already rendered must be paid for; prepaid amounts for periods not delivered are refunded pro rata where agreed or required by law.

16. Force majeure

Disruptions caused by force majeure (e.g. natural disasters, war, pandemics, official measures, large-scale internet or cloud outages) release the affected party from its performance obligations for the duration of the disruption. The parties will inform each other and seek an appropriate solution.

17. Changes to these terms

17.1 SwiTech Solution may amend these Terms for future contracts at any time.

17.2 For ongoing contracts, I will inform the client of material changes. If the client does not object within 30 days, the new Terms are deemed accepted; the notice will point this out. In case of objection, either party may terminate the contract with ordinary notice.

18. Final provisions

18.1 Swiss law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG), where applicable.

18.2 To the extent permitted by law, the exclusive place of jurisdiction is Bern, Switzerland. Mandatory places of jurisdiction (e.g. for consumers) remain reserved.

18.3 Should any provision of these Terms be invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid provision that comes closest to its economic purpose.

18.4 Amendments and additions must be made in writing (email is sufficient), unless a stricter form is required by law.

18.5 These Terms are available in German and English. In case of discrepancies, the German version prevails.

18.6 The former EU online dispute resolution platform has been discontinued. I am not obliged to participate in dispute resolution proceedings before a consumer arbitration board; if you have complaints, please contact me directly at info@switech-solution.com.