General Terms and Conditions for Service Contracts

1 Subject matter

1.1 These terms and conditions govern the provision of services (visualisation of real estate) for the customer ("Client") by Burkard Design GmbH ("Quick-Plan"). The contract between the parties is concluded upon acceptance of the offer by the Client.

1.2 Insofar as these terms and conditions do not contain any deviating provisions, the provisions of the Swiss Code of Obligations shall apply.

2 Services to be provided

2.1 Quick-Plan provides the services specified in the offer.

2.2 Quick-Plan is authorised to engage employees, external consultants or subcontractors as auxiliary persons to provide the services. None of these persons enter into an employment relationship with the customer.

3 Contact person and communication

3.1 Unless explicitly agreed otherwise, all contract-related communication between the parties shall take place electronically (by e-mail).

3.2 The contracting parties shall designate the persons responsible in each case.

4 Deadlines and dates

4.1 The deadlines and dates agreed in the offer shall apply to the services to be provided.

4.2 The customer is obliged to provide Quick-Plan with all information and documents necessary for the provision of services in a timely manner. This also applies to information, documents, processes or circumstances that only become known during the provision of services.

4.3 If Quick-Plan cannot meet the agreed deadlines or dates, Quick-Plan informs the customer as soon as possible about the delay and at the same time informs the customer by when the outstanding services can be provided.

4.4 Claims for damages due to delays for which Quick-Plan is not responsible are excluded.

5 Remuneration and invoicing

5.1 The services shall be remunerated in accordance with the offer.

5.2 Remuneration is due for payment within 30 days of invoicing.

6 Data protection and intellectual property rights

6.1 Quick-Plan undertakes to treat the information and documents provided or otherwise made accessible by the customer within the framework of the contractual relationship as confidential and to use them exclusively within the framework of the fulfilment of the contract. With regard to the non-disclosure of confidential information, Quick-Plan exercises the same care that is applied in its own affairs.

6.2 Insofar as personal data within the meaning of the applicable data protection law is processed in the context of the fulfilment of the contract, the parties mutually authorise each other to process this personal data and to disclose such data to third parties, insofar as this is necessary for the fulfilment of the contract or for the enforcement of claims.

6.3 The ownership and the rights to the work results of Quick-Plan remain with Quick-Plan. This applies in particular to copyrighted works. The customer is authorised to use the plans created by Quick-Plan to market the corresponding property.

7 Exclusion of liability and indemnification

7.1 Quick-Plan is only liable for proven, direct damages, insofar as these were caused intentionally or through gross negligence. Any further liability arising from contract or other legal grounds is excluded to the extent permitted by law.

7.2 In particular, Quick-Plan assumes no responsibility or liability for errors attributable to the customer or a third party, for example due to the incorrectness or incompleteness of the documents and information provided.

7.3 The plans created by Quick-Plan primarily serve to visualise real estate projects and do not replace the construction plans. The plans created by Quick-Plan contain partially simplified representations and in particular it is not guaranteed that all information contained in the documents provided is reproduced therein.

7.4 The customer undertakes to indemnify Quick-Plan for any claims and demands made by third parties against Quick-Plan in connection with the provision of the contractual services and to pay full compensation for any costs or disadvantages incurred as a result.

8 Entry into force and amendments

8.1 By accepting the offer, the customer agrees to these terms and conditions.

8.2 Amendments and additions to the contract or these terms and conditions as well as their cancellation require the express consent of both parties.

8.3 Should individual provisions of the contract or these terms and conditions prove to be invalid, ineffective or unenforceable, this shall not affect the validity, effectiveness and enforceability of the remaining provisions. In this case, the provision in question shall be replaced by a valid provision that is as close as possible to the original intention of the parties in terms of its economic effect. The same shall apply in the event of a gap in the contract.

9 Applicable law and place of jurisdiction

9.1 The contractual relationship between the parties shall be governed by Swiss law, excluding the conflict of laws provisions. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

9.2 The ordinary courts at the registered office of Zug shall have jurisdiction for all disputes in connection with the contractual relationship between the parties.