Article 1 – Purpose
WeDevy provides the Client with a qualified developer (hereinafter “the Developer”), according to the needs expressed by the Client and the specifications validated jointly. The mission entrusted may be carried out full-time or part-time, depending on what is stipulated in the individual contract.
Article 2 – Services
WeDevy is committed to providing a Developer competent in the technologies relevant to the project, without restrictive enumeration.
Article 3 – Obligations of the Client
- Collaboration: The Client provides in a timely manner the information, tools and access necessary to carry out the project.
- Direction : The Client organizes and manages the work of the Developer, in accordance with the specifications.
- Working conditions: The Client complies with Swiss legislation on working hours (40 hours/week for full-time, maximum 45 hours/week with overtime). The Developer is entitled to 4 weeks of vacation per year, prorated according to the duration of the mandate and the activity rate.
- Organization : The client is responsible for the organization and daily management of the developer's work, respecting the agreed specifications.
Article 4 – Confidentiality
WeDevy and the Developer agree to keep the Client's information strictly confidential for 5 years after the end of the contract. The Developers sign specific confidentiality agreements.
Article 5 – LPD, GDPR and OPDo compliance
WeDevy guarantees compliance with the Federal Data Protection Act (FADP), the GDPR and the OPDo via an agreement with its Malagasy subsidiary. Strict security measures (encryption, secure protocols) protect the data. WeDevy and its subsidiary are jointly responsible. The Client retains ownership of the data. WeDevy facilitates the exercise of the rights of the persons concerned.
Article 6 – Non-Poaching
The Client shall not poach the Developer during the contract and 24 months after its end. In the event of poaching, compensation equivalent to 12 months of invoicing will be due.
Article 7 – Intellectual Property
The Client owns full intellectual property of the deliverables (source code, documentation, etc.) from their creation.
Article 8 – Duration and Renewal
The contract is concluded for the duration specified in the offer. It is tacitly renewable for the same duration, unless terminated by one of the parties 1 month before the deadline. In the event of early termination by the Customer, compensation of 60% of the outstanding balance will be payable.
Article 9 – Payment and Billing
- Flexibility: Payment terms are mutually agreed between the parties and specified in the individual contract or offer. For short-term contracts (1 month or less), full payment may be required before the start of the assignment. For longer contracts, staggered payments are set up.
- Late payment: In the event of a payment delay of more than 5 days, WeDevy may suspend the services. Late payment interest applies (art. 104 CO).
- Revision of rates: WeDevy may revise its rates at each contractual deadline with 30 days' notice. In the event of disagreement, the customer may terminate the contract without compensation, subject to compliance with the notice period.
Article 10 – Force Majeure
The parties are released from their obligations in the event of force majeure (art. 119 CO and 1218 Swiss Civil Code).
Article 11 – Termination
Either party may terminate the contract with one (1) month's notice before the due date. In the event of early termination by the Customer, compensation of 60% of the outstanding balance will be payable.
Article 12 – Subcontracting
WeDevy may subcontract, under its responsibility.
Article 13 – Liability
WeDevy is committed to providing a qualified Developer and ensuring compliance of deliverables through standards and quality control. WeDevy is not responsible for indirect damages.
Article 14 – Activity Reports
WeDevy provides activity reports (written or video) according to a frequency defined in agreement with the Client. In the absence of a specific agreement, written reports will be provided.
Article 15 – Dispute Resolution
Swiss law is applicable. The parties favor an amicable solution. The place of jurisdiction is Lausanne.
Article 16 – General Provisions
This contract supersedes any prior agreement. Modifications require a writing signed by both parties.
