General terms and conditions
Last updated: 15.05.2026
This is a translation provided for convenience. In case of discrepancies, the German version on /de/agb prevails.
These general terms and conditions apply to every agreement between ENLIX GmbH and its clients for consulting, training, and work services. They become part of the contract unless the individual agreement explicitly says otherwise.
1. Scope
1.1
These general terms and conditions (the "Terms") govern the relationship between ENLIX GmbH, Pilatusstrasse 10, 8330 Pfaeffikon Zurich (the "Provider" or "ENLIX"), and its clients (the "Client") regarding the services delivered by ENLIX.
1.2
ENLIX works exclusively with companies, legal entities under public law, and special public-law funds within the meaning of Art. 2 of the Swiss Code of Obligations, and comparable entities under German and Austrian law. We do not enter into contracts with consumers within the meaning of § 13 of the German Civil Code (BGB) or the Austrian Consumer Protection Act (KSchG).
1.3
Conflicting, deviating, or supplementary terms of the Client become part of the contract only if and to the extent that ENLIX has expressly agreed to them in writing.
2. Formation of the contract
2.1
Offers from ENLIX are non-binding unless explicitly marked as binding.
2.2
The contract is formed when both parties sign a written engagement agreement, when ENLIX confirms the engagement electronically by email, or when ENLIX begins to deliver the work after order confirmation.
2.3
Any side agreements require written form or confirmation by email.
3. Scope of services
3.1
The scope of services is set out in the individual agreement or offer. In particular, it describes:
- the type and scope of the consulting, training, or work service
- agreed deliverables
- the timeline
- the Client's contribution requirements
- compensation
3.2
ENLIX delivers its services with the care of a diligent agent (Art. 398 of the Swiss Code of Obligations). ENLIX owes the professional delivery of the agreed activity, not a specific commercial outcome.
3.3
ENLIX is entitled to engage qualified subcontractors to deliver individual services, provided this does not conflict with the purpose of the contract. Responsibility toward the Client remains with ENLIX.
4. Client cooperation
4.1
The Client provides ENLIX with all information, documents, access, and personnel needed to deliver the services in a timely manner.
4.2
Delays caused by insufficient cooperation from the Client are at the Client's expense. ENLIX is entitled to charge for any additional effort caused by such delays.
4.3
The Client appoints a single authorized contact person who can make decisions on project-related questions.
5. Compensation and payment terms
5.1
Compensation is set out in the individual agreement or offer. ENLIX works primarily on a fixed-price basis. Compensation is stated exclusive of any applicable value-added tax.
5.2
Travel costs within the DACH region are included in the fixed-price compensation unless agreed otherwise. Travel costs outside the DACH region are invoiced separately against receipts.
5.3
Invoices are due for payment without deduction within 14 days of the invoice date. For fixed-price engagements, ENLIX is entitled to invoice a 30 percent down payment at the start of the contract.
5.4
In case of late payment, ENLIX is entitled to charge default interest at the statutory rate under Art. 104 of the Swiss Code of Obligations.
6. Confidentiality
6.1
Both parties undertake to keep confidential all confidential information that becomes known to them in the course of the business relationship, and to use it only for contractual purposes. This obligation continues without time limit after the end of the contract.
6.2
The confidentiality obligation does not apply to information that:
- was already public at the time the contract was formed
- becomes public without fault on the part of the receiving party
- was lawfully provided to the receiving party by a third party without a confidentiality obligation
- must be disclosed under statutory obligation or by official order
6.3
ENLIX is entitled to name the Client in a reference list after the contract is formed, unless the Client explicitly objects. Any description of the engagement is published only with the Client's explicit consent.
7. Data protection
7.1
Where ENLIX processes personal data of the Client in the course of delivering services, it does so on the Client's behalf within the meaning of Art. 9 revDSG and Art. 28 GDPR. The parties enter into a separate data processing agreement to this effect.
7.2
Processing of personal data of the Client's employees during the delivery of services follows the privacy policy available at www.enlix.de/en/privacy.
8. Usage rights and intellectual property
8.1
For all deliverables created under the contract (concepts, software code, documentation, training material), ENLIX grants the Client a non-exclusive, unlimited usage right for the purposes agreed in the contract.
8.2
Transfer of more extensive rights (in particular exclusive usage rights or transfer of ownership of software code) requires an explicit written agreement in the individual contract and corresponding compensation.
8.3
Pre-existing material from ENLIX (methods, frameworks, generic code libraries, training formats) remains the sole property of ENLIX. The Client receives a non-exclusive usage right within the scope of the contract.
8.4
The Client warrants that all material provided to ENLIX (text, images, data) is free of third-party rights and indemnifies ENLIX against any third-party claims.
9. Liability
9.1
ENLIX is liable without limitation for damage arising from injury to life, body, or health, and for damage caused by intent or gross negligence on the part of ENLIX or its agents.
9.2
In all other cases, the liability of ENLIX for damage caused by slight negligence is limited in amount to the compensation agreed for the relevant engagement.
9.3
Liability for indirect damage, lost profit, data loss, or consequential damage is excluded to the extent permitted by law.
9.4
Consulting results, strategic recommendations, and AI-generated content are intended as a basis for decisions. ENLIX is not liable for business decisions the Client takes based on these results.
10. Contract term and termination
10.1
Individual engagements end when the agreed work is delivered.
10.2
Ongoing consulting contracts can be terminated by either party with 30 days' notice to the end of the month, unless the individual contract states otherwise.
10.3
The right to extraordinary termination for cause remains available to both parties. Cause exists in particular for material breach of contract, payment default of more than 30 days after a reminder, or insolvency of a party.
10.4
Notices of termination require written form or email.
11. Final provisions
11.1
Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules of the Swiss Federal Act on International Private Law (IPRG).
11.2
The exclusive place of jurisdiction for all disputes arising from or in connection with the contract is Zurich, Switzerland. ENLIX is also entitled to sue the Client at the Client's own general place of jurisdiction.
11.3
If individual provisions of these Terms are or become invalid or unenforceable, the validity of the remaining provisions is not affected. The invalid provision is replaced by the legally permitted rule that comes closest to its economic purpose.
11.4
Changes and additions to these Terms and to all individual contracts based on them require written form or confirmation by email. This also applies to waiving the written-form requirement itself.