Effective Date: December 11, 2025
1. Scope of Application
These General Terms and Conditions (hereinafter "GTC") apply to all business relationships between Lopes2Tech / Paulo Lopes (hereinafter "Contractor") and its customers (hereinafter "Client"). They apply to all services provided, including but not limited to website development, software engineering, AI automations, and consulting.
2. Subject of the Contract
The Contractor provides services in the field of IT and automation. The specific scope of services is defined in the respective individual offer or service contract.
- Web & Software: Development of websites, applications, and dashboards.
- AI & Automation: Implementation of chatbots, voice agents, and workflow automations (e.g., n8n, Retell, OpenAI).
- Maintenance: Ongoing support and hosting services.
3. Conclusion of Contract
Offers made by the Contractor are valid for 30 days unless otherwise stated. The contract is concluded upon:
- The written acceptance of the offer by the Client (email is sufficient).
- The payment of an initial deposit.
- The commencement of actual service provision by the Contractor with the Client's knowledge.
4. Client Obligations
The Client agrees to:
- Provide all necessary content (text, images, logos) in a timely manner.
- Grant the necessary access rights (hosting, API keys, domain registrar) required for the project.
- Review deliverables and provide feedback within 5 working days. If no feedback is received within this period, the deliverable is deemed accepted.
5. Pricing and Payment Terms
5.1 Project Services
Unless otherwise agreed in the individual offer, the following payment terms apply based on the total project volume:
Small Projects (up to CHF 2,500)
- 100% of the project fee is due immediately upon conclusion of the contract.
- Work commences only after receipt of the full payment.
Standard & Large Projects (above CHF 2,500)
- 50% Deposit: Due immediately upon conclusion of the contract to reserve resources and commence work.
- 50% Final Payment: Due upon project completion/delivery.
Invoices are payable within 20 days net.
5.2 Recurring Services (Maintenance/Subscriptions)
Fees for ongoing maintenance or SaaS components (e.g., Chatbot hosting) are billed monthly or annually in advance.
The cancellation period for recurring services is 30 days to the end of the month, unless a minimum contract term was agreed upon.
6. Intellectual Property & Usage Rights
Upon full payment of the agreed fee, the Client receives the usage rights for the created software/website.
The Contractor retains the right to reuse generic code modules, libraries, and design patterns developed during the project for other clients (standard software engineering practice).
The Client guarantees that all materials provided to the Contractor (images, texts) do not violate third-party rights.
7. Specific Provisions for AI Services
The Client acknowledges that services involving Artificial Intelligence (AI) (e.g., Chatbots, RAG systems, Voice Agents) depend on third-party providers (e.g., OpenAI, Anthropic, Retell AI).
Accuracy
The Contractor cannot guarantee that AI outputs are 100% accurate. The Client is responsible for verifying critical information generated by AI.
Availability
The Contractor is not liable for service interruptions caused by third-party API failures (e.g., if ChatGPT is down).
Costs
Unless strictly included in a flat fee, variable API usage costs (token usage) may be billed to the Client or paid directly by the Client to the provider.
8. Warranty and Liability
8.1 Warranty
The Contractor warrants that the software/website is functional and free of critical defects at the time of acceptance. The warranty period is 3 months from delivery.
The warranty does not cover defects caused by third-party updates (e.g., a WordPress plugin update breaking the site) or unauthorized changes by the Client.
8.2 Liability
To the extent permitted by Swiss law, the Contractor's liability is limited to intent and gross negligence.
Liability for slight negligence, indirect damages, or consequential damages (e.g., loss of profit, data loss) is excluded.
The Contractor is not liable for data privacy violations caused by the Client's misuse of the provided tools (e.g., entering patient data into a non-secure field).
9. Data Protection and Confidentiality
Both parties agree to treat all business secrets and confidential information obtained during the business relationship as strictly confidential. The Contractor processes personal data in accordance with the Swiss Federal Act on Data Protection (nDSG).
10. Final Provisions
Severability
Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.
Place of Jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is Zurich, Switzerland.
Applicable Law
Swiss law applies exclusively.