Alterna Sàrl general conditions

Article 1: Duty of care
Alterna is committed, for each of the missions entrusted to it, to serving the best possible interests of its clients. The assignments will be carried out in accordance with the rules of the art generally accepted in the field concerned.

Article 2: Confidentiality
Alterna undertakes to treat the knowledge resulting from the execution of the mandate confidentially and refrains from using it to the detriment of the principal.
Unless otherwise stipulated in writing, Alterna is authorized to include the name of the principal, as well as a brief description of the mission carried out among its references.

Article 3: Publications
Alterna reserves the right to publish its work subject to safeguarding the interests of its principal. It is also recognized that Alterna may be cited as the author in relevant publications, either from the principal or from third parties.

Article 4: Copyright
Alterna retains copyright ownership of its work. This particularly applies to projects, graphic materials and methods developed by Alterna, as long as they are individual creations with an individual character.

Article 5: Responsibilities
The Customer agrees that, whatever the grounds for his complaint, and the procedure followed to implement it, the possible liability of the service provider for the performance of the obligations provided for in this contract, will be limited to an amount not exceeding not the total amount actually paid by the Customer, for the services or tasks provided by the provider.
In addition, the Customer waives the right to seek the responsibility of the service provider in the event of damage to the files, or any document entrusted to him.
The Customer agrees that the provider will not incur any liability for any loss of profits, commercial disturbance, claims that the Customer would suffer; requests or complaints made against the Customer and from any third party.

Article 6: Recourse to third parties for the execution of the contract
Alterna reserves the right to use third parties, at its own expense, in order to fulfill its contractual obligations. When using third parties, Alterna will notify the Customer. For this purpose, Alterna may allow third parties access to documents and may provide them with information. Alterna requires confidential treatment of knowledge acquired by third parties at all times.

Article 7: Subsequent modification of the contract
In the event of a significant modification requested by the Customer of the object defined in article 1, an amendment to this contract will be drawn up in order to adjust the object, the price and the new deadline.

Article 8: Guarantee
The service provider guarantees the Customer against any claims by third parties alleged against the Customer and concerning the elements, or information, provided by the service provider to the Customer.

Article 9: Ownership of results
By express agreement, the subject of the study will be in the full control of the Client, from the full payment of the service and the Client may dispose of it as he sees fit. The Service Provider, for his part, refrains from using the results provided to the Client for purposes other than those provided for by the subject of this contract, except with the written authorization of the Client.
This assignment is valid for all territories and for the entire term of protection to which the work is subject. The service provider is prohibited for the future from any exploitation of the aforementioned work. By express agreement, the Customer acquires ownership of the work in question, as and when it is produced.
The processes, supports, models of the means of communication, methods remain the exclusive intellectual property of Alterna Sàrl.

Article 10: Applicable law and order of priority
The legal relationship between Alterna and its customers is governed by the following provisions, in order of priority:
- The contract between Alterna and the customer
- The offer that Alterna submitted to the customer
- The specifications of the client's call for tenders
- SIA standards and regulations
- Swiss law
Swiss law is applicable to this contract and to the relations between the parties.
Any dispute relating to the interpretation or execution of this contract, as well as any dispute arising between the parties on another basis, will be the exclusive jurisdiction of the competent courts of the canton of Vaud, subject to appeal to the Federal Court.
This contract follows the applicable law (Switzerland) and the supplementary law: SIA standards.

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Last update 29.08.2018