Terms and conditions

Draft — legal review pending. Version 0.1 · 28 October 2026. This translation is provided for convenience; the German version is authoritative.

1. Scope

These general terms and conditions (terms) apply to contracts for software development, project management, consulting, operation and maintenance of web applications (the “services”) between Nguyen Development, Hoang Nguyen, sole proprietorship, Hohfurristrasse 24, 8408 Winterthur, Switzerland (“Nguyen Development”), and its clients (“you”).

The services are aimed at companies, organisations and public institutions, not at consumers.

The following order of precedence applies: individual contract or accepted quote, the data processing agreement for data protection, these terms, the law. Your own terms apply only if Nguyen Development agrees to them in writing. Nguyen Development’s own products Basalto, Fristo, Krelora and Planpilot are governed by their licence and usage terms.

2. Quote and contract

Quotes are valid for 30 days unless stated otherwise. The contract is concluded when you accept the quote in writing — an email is sufficient — or when work starts with your consent. Scope, fees and dates follow from the quote or the individual contract.

3. Working in timeboxes

Projects usually follow DSDM and AgilePM in timeboxes. The date and budget of a timebox are fixed; requirements are delivered by priority (MoSCoW). Nguyen Development delivers requirements with “Must” priority within the timebox as long as the agreed conditions are met; “Should” and “Could” as far as the timebox allows.

Whatever remains open in a timebox is recorded in the report; you decide whether it goes into a next timebox. The parties record changes to the agreed scope in writing; they may change dates and fees.

4. Your cooperation

You appoint a contact person with decision-making authority, provide information, content, access and test data in good time and take part in planning and acceptance of the timeboxes. If your cooperation is delayed, dates are postponed accordingly; additional effort may be charged on a time basis.

You ensure that Nguyen Development may use the content, data and trademarks you provide for the project.

5. Acceptance

The result of each timebox is usually made available to you for review in a test environment. You review it within ten working days and report defects in writing with a comprehensible description. If you report no material defects within this period or use the result productively, it is deemed accepted. Minor defects do not prevent acceptance; they are fixed under the warranty.

6. Fees and payment

Fees follow the quote: a fixed price per timebox or billing on a time basis at the agreed hourly rates. All prices are in Swiss francs plus VAT.

Nguyen Development usually invoices at the end of each timebox or monthly, with a QR-bill. Invoices are payable within 30 days without deduction. Third-party costs such as hosting, licences or external services are charged separately unless agreed otherwise. In the event of late payment, Nguyen Development may, after a reminder, charge default interest of 5 per cent and suspend further work until payment.

7. Rights to the result

Upon full payment, the rights to the code and documentation created specifically for your project pass to you. You may use, change and further develop the result without restriction and have it operated by third parties.

Pre-existing components, tools, templates and general know-how as well as components of Nguyen Development’s own products remain with Nguyen Development. Where they are incorporated into your result, you receive a non-exclusive, perpetual and transferable right to use and modify them as part of that result. Own products such as Basalto are governed by their licence terms. Open-source components such as Laravel are subject to their own licences; Nguyen Development points out significant obligations arising from them.

Nguyen Development may name the project as a reference with your name, your logo and screenshots without confidential data unless you object in writing.

8. Warranty

Nguyen Development provides the services with care and according to the state of the art. For accepted results, a warranty of twelve months from acceptance applies that they have the agreed properties. Nguyen Development remedies defects within a reasonable period by rectification. If this fails, you may request an appropriate price reduction or, in the case of a material defect, withdraw from the affected part of the contract.

There is no warranty for defects caused by changes made by you or third parties, improper operation, your content and data or third-party services such as hosting, interfaces and external services.

9. Liability

Nguyen Development is liable for damage caused intentionally or through gross negligence. Liability for slight negligence, for indirect and consequential damage, lost profit and loss of data is excluded to the extent permitted by law. Liability for personal injury and mandatory statutory liability remain unaffected.

Backing up your data is your responsibility or that of the operator of your application, unless Nguyen Development has been expressly commissioned with operation including backups.

10. Operation, maintenance and support

Nguyen Development owes operation, updates of Laravel, PHP and dependencies, monitoring and support only if they are agreed separately. Scope, response times and fees are governed by the respective maintenance contract.

11. Confidentiality and data protection

Both parties treat the other party’s confidential information as confidential, also after the end of the contract. Excepted is what is generally known or must be disclosed by law.

Where Nguyen Development processes personal data on your behalf — for example in operation, support or tests with real data — the data processing agreement applies. For development and tests, Nguyen Development uses invented test data wherever possible. How Nguyen Development processes its own data is set out in the privacy policy.

12. Involvement of third parties

Nguyen Development may involve third parties, such as hosting providers or specialists, and remains responsible to you for their services. The data processing agreement applies to third parties who process personal data.

13. Term and termination

A project contract ends when the agreed services have been provided. Either party may terminate it in writing as of the end of a timebox; services provided until then are paid for. Unless stated otherwise, maintenance contracts may be terminated with three months’ notice to the end of a month. Termination for good cause and mandatory statutory termination rights remain reserved.

At the end of the contract, Nguyen Development hands over code and documentation as paid for.

14. Final provisions

Changes and additions must be made in writing; an email is sufficient. If a provision is invalid, the rest remains valid; it is replaced by a provision that comes closest to its purpose.

Swiss law applies, excluding the Vienna Sales Convention (CISG). Place of jurisdiction is Winterthur; mandatory places of jurisdiction remain reserved. The German version is authoritative.