Burmossy Design & Architecture

1.1 Burmossy Design and Architecture GmbH is a company registered in Switzerland, specializing in architectural design, planning, and related consulting services. These Terms outline the rights and obligations of both Burmossy and the Client to ensure a clear and effective working relationship.

2.1. Burmossy will provide architectural and design services as detailed in the specific project proposal, agreement, or contract ("Project Agreement") signed between Burmossy and the Client.

2.2. Services may include, but are not limited to:
Feasibility studies and conceptual design
Schematic design
Design development
Construction documentation
Permit application assistance
Construction administration
Interior design
Set and stage design
Exhibition design
Consulting services
Visualtisations and digital 3D models.

2.3. Any changes to the scope of services must be agreed upon in writing by both parties and may result in adjustments to fees and timelines.

3.1. The Client agrees to provide all necessary information, documents, and access to sites in a timely manner to enable Burmossy to perform its services effectively.

3.2. The Client is responsible for making timely decisions and approvals required for the project's progression. Delays caused by the Client's failure to provide information or approvals may impact project timelines and costs.

3.3. The Client must ensure that all information provided to Burmossy is accurate, complete, and not misleading.

3.4. The Client is responsible for obtaining and maintaining any necessary permits, licenses, and approvals from relevant authorities, although Burmossy will assist in the application process as specified in the Project Agreement.

4.1. Fees for services will be specified in the Project Agreement. Unless otherwise stated, fees are quoted in Swiss Francs (CHF).

4.2. Payment terms, including invoicing schedule, due dates, and payment methods, will be detailed in the Project Agreement.

4.3. Invoices are due upon receipt or as otherwise specified. Overdue payments may be subject to interest at a rate of 5% per annum, or the maximum rate permitted by Swiss law, calculated from the due date until full payment is received.

4.4. Burmossy reserves the right to suspend services if payments are not made in accordance with the agreed terms, provided prior written notice is given to the Client.

4.5. All applicable taxes, including but not limited to Value Added Tax (VAT), will be added to the fees where legally required.

5.1. All designs, drawings, specifications, models, reports, and other documents prepared by Burmossy in connection with the services ("Project Documents") are and shall remain the intellectual property of Burmossy Design and Architecture GmbH.

5.2. Upon full payment of all fees due under the Project Agreement, Burmossy grants the Client a non-exclusive, non-transferable license to use the Project Documents solely for the purpose of constructing, maintaining, and operating the specific project for which they were prepared.

5.3. The Client shall not use the Project Documents for any other project, or for any other purpose, without the prior written consent of Burmossy.

5.4. Burmossy retains the right to use images and descriptions of the completed project for its promotional and marketing purposes, unless otherwise agreed in writing.

6.1. Both parties agree to keep confidential all non-public information received from the other party in connection with the services, including but not limited to business plans, financial information, technical data, and project details.

6.2. This obligation of confidentiality does not apply to information that:
Is or becomes publicly available through no fault of the receiving party.
Is already known to the receiving party at the time of disclosure.
Is independently developed by the receiving party without reference to the confidential information.
Is required to be disclosed by law or by a governmental or regulatory authority.

7.1. Burmossy shall perform its services with reasonable skill, care, and diligence, in accordance with generally accepted architectural practices in Switzerland.

7.2. Burmossy's liability for any direct damages arising out of or in connection with these Terms or the services provided shall be limited to the total fees paid by the Client for the specific services giving rise to the claim.

7.3. Burmossy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business, or loss of data, even if advised of the possibility of such damages.

7.4. Burmossy is not responsible for the performance of third-party contractors, suppliers, or consultants engaged by the Client, even if recommended by Burmossy.

7.5. The Client agrees to indemnify and hold harmless Burmossy from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from the Client's breach of these Terms or the Project Agreement.

8.1. Either party may terminate the Project Agreement by providing written notice to the other party if the other party commits a material breach of these Terms or the Project Agreement and fails to remedy such breach within 30 days of receiving written notice thereof.

8.2. Burmossy may terminate the Project Agreement immediately if the Client fails to make payments in accordance with Section 4.

8.3. Upon termination, the Client shall pay Burmossy for all services rendered and expenses incurred up to the effective date of termination.

9.1. These Terms and the Project Agreement shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of laws principles.

9.2. Any dispute, controversy, or claim arising out of or in connection with these Terms or the Project Agreement, including their validity, invalidity, breach, or termination, shall be subject to the exclusive jurisdiction of the ordinary courts at the registered seat of Burmossy Design and Architecture GmbH in Switzerland.

10.1. The parties agree to attempt to resolve any dispute arising out of or relating to these Terms or the Project Agreement through good faith negotiations.

10.2. If a dispute cannot be resolved through negotiation, the parties agree to consider mediation before resorting to litigation.

11.1. Burmossy reserves the right to amend these Terms at any time. Any amendments will be effective upon posting the updated Terms on Burmossy's official website or by providing written notice to the Client.

11.2. For ongoing projects, any significant amendments will be communicated to the Client in writing and may require mutual agreement for application to the current Project Agreement.

12.1. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

13.1. These Terms, together with the Project Agreement, constitute the entire agreement between Burmossy and the Client regarding the services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

For any questions regarding these Terms or our services, please contact:

Burmossy Design and Architecture GmbH
Riedweg 38
3705 Faulensee, BE
Switzerland

Email: info@burmossy.com
Phone: +41778133572