Terms and conditions

The website and the online forms

www.selfiebot.it presents the Selfiebot service and lets you send an availability request or a message through the online forms.

Sending a request does not book the event: the date is not blocked and the contract is formed only upon Amigdala's written confirmation, in accordance with these terms.

Published prices are indicative and refer only to what is expressly described; a written quote prevails over the information published on the website.

Amigdala may decline requests that are incomplete, untruthful or contrary to these terms.

1. Subject matter and scope

These General Terms and Conditions ("GTC") govern all contractual relationships between Amigdala Sagl, with registered office in Lugano (CHE-397.084.918 MWST), hereinafter "Amigdala", and the customer, whether natural person or legal entity, who purchases services or products from Amigdala ("Customer").

These GTC shall prevail over any conflicting terms of the Customer, unless otherwise agreed in writing and signed by Amigdala.

2. Offers and contract formation

Amigdala's offers are valid for 15 days from the date of issue unless otherwise stated.

The contract is formed upon the Customer's written acceptance of the quote or upon the commencement of the services by Amigdala at the Customer's request.

Email confirmation of the quote constitutes full and unconditional binding acceptance by the parties, with the same legal validity as handwritten signature pursuant to Art. 16 of the Swiss Code of Obligations.

3. Fees and payment terms

Fees are expressed in the currency stated on the invoice (CHF, EUR or USD).

Unless otherwise agreed on the invoice, invoices are due upon receipt by bank transfer to the account indicated on the invoice. Payment is deemed made on the date of credit to Amigdala's account.

4. Default and late payment penalties

Non-payment by the due date shall result in default by operation of law pursuant to Art. 102 of the Swiss Code of Obligations (SCO), without further notice required. The following shall be automatically due:

• default interest at 5% per annum pursuant to Art. 104 SCO from the day following the due date;
• a progressive contractual penalty calculated on the overdue balance from the 30th day of delay: 0.8% on day 30 (cumulative 0.8%), 0.8% on day 60 (1.6%), 0.8% on day 90 (2.4%), 0.8% on day 120 (3.2%), 1.6% on day 180 (4.8%), 2.7% on day 270 (7.5%), 3.2% on day 360 (10.7%);
• reminder fees of CHF 20 (first reminder), CHF 30 (second), CHF 50 (third).

These penalties are cumulative with, and do not replace, the statutory default interest.

5. Excluded costs

Unless expressly stated in the offer, the agreed fees exclude, by way of example and not limitation: travel, meal and accommodation expenses; licenses for images, fonts, sounds, libraries and other copyrighted materials; cloud consumption, technology infrastructure and third-party services.

Such costs shall be invoiced separately, subject to the Customer's prior authorization.

6. Withdrawal and termination

Unless otherwise required by mandatory law, once the offer is confirmed the Customer may not withdraw without Amigdala's written consent.

In the event of accepted withdrawal or termination for cause attributable to the Customer, amounts already paid shall not be refunded and the Customer shall be liable for pro-rata payment of activities performed up to the effective date of withdrawal, including obligations already undertaken by Amigdala towards third parties (subcontractors, licenses, etc.).

7. Intellectual property

All intellectual property rights in the deliverables shall remain the property of Amigdala until full payment of the fees.

Upon payment, the Customer is granted a non-exclusive, non-transferable license of use limited to the purposes of the contract.

Amigdala's know-how, methods, templates and working tools shall remain its exclusive property.

8. Confidentiality

The parties mutually undertake to keep confidential all confidential information exchanged in the performance of the contract, for the duration thereof and for 3 years after its termination.

9. Limitation of liability

Amigdala's total liability, for any cause, shall be limited to the amount actually paid by the Customer for the specific service from which the damage arises in the 12 months preceding the event.

Liability for indirect damages, loss of profit, loss of data, reputational damages or missed savings is excluded.

This limitation shall not apply in cases of willful misconduct or gross negligence (Art. 100 SCO).

10. Force majeure

Neither party shall be liable for non-performance caused by force majeure events (natural disasters, pandemics, acts of authorities, wars, general strikes, prolonged blackouts, cyber attacks on critical infrastructure).

The affected party must promptly notify the other party in writing and adopt all reasonable mitigation measures.

Performance deadlines shall be automatically extended for a reasonable period proportionate to the duration of the event, without this constituting a breach of contract.

11. Assignment and subcontracting

Assignment. Neither party may assign this contract, in whole or in part, without the prior written consent of the other party.

Subcontracting. Amigdala is entitled to subcontract, in whole or in part, the activities covered by the offer, while remaining liable to the Customer for the proper performance of the services.

12. Data protection

Amigdala processes the Customer's personal data in accordance with Swiss law (FADP) and, where applicable, the GDPR.

A separate Data Processing Agreement may be executed upon request for EU customers.

The way data collected through the website is processed is described in the privacy policy.

13. Dispute resolution, applicable law and jurisdiction

Any dispute arising from this contract shall first be subject to good-faith negotiation between the parties.

Failing agreement within 30 days, the parties undertake to attempt mediation before the Chamber of Commerce of Canton Ticino (CC-TI) or other recognized institution in Switzerland.

Only if mediation fails, any dispute shall be submitted to the exclusive jurisdiction of the Court of Lugano, applying Swiss law to the exclusion of its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

14. Amendments and severability

Amendments to the contract. Any modifications or additions to the individual contract must be agreed in writing between the parties, including by email exchange.

Amendments to the GTC. Amigdala reserves the right to amend these GTC. The applicable version shall be the one in force at the date of issue of the relevant offer or invoice.

Severability. Should one or more clauses of these GTC or of the individual contract be deemed null, invalid or unenforceable, the remaining provisions shall remain fully valid and effective. The parties undertake to replace any null clause with a valid one that reflects as closely as possible the original economic intent.

Contact

Amigdala Sagl
Via Silvio Calloni 9
6900 Lugano, Switzerland
CHE-397.084.918 MWST

For any question about these terms you can use the contact form on the website.