Terms and Conditions
Terms governing the use of NEBEG Solutions products, software, services, and support.
1. Introduction
These Terms and Conditions ("Terms") govern the use of products, software, services, and related support provided by NEBEG Solutions ("NEBEG", "we", "our", "us"). By accessing or using our services or products, you ("Customer", "you", "user") agree to be bound by these Terms.
2. Definitions
- Products: Flight Simulation Training Devices (FSTDs), software solutions (aQTG Tool, NCV), hardware components, and related items supplied by NEBEG.
- Services: Includes support, maintenance, software updates, consulting, training, installation, and related services.
- License: Limited, non-transferable right granted to the Customer to use software products.
3. Contractual Agreement
All quotations provided by NEBEG are non-binding until confirmed by a written contract or order confirmation signed by NEBEG and the Customer. NEBEG reserves the right to decline or modify any order prior to acceptance.
4. Pricing and Payment
Prices are exclusive of VAT, taxes, import duties, and shipping costs unless explicitly stated otherwise. Payment terms are outlined in individual quotations/contracts. Generally:
- 75%: Upon order placement (Kick-off payment)
- 20%: Upon successful on-site acceptance
- 5%: Upon successful initial certification
Late payments will incur interest charges of 5% per annum plus applicable collection fees.
5. Delivery and Installation
Delivery timelines provided are indicative unless explicitly guaranteed in writing. NEBEG is not liable for delays caused by third parties, customs, or force majeure. The Customer is responsible for ensuring the installation site is adequately prepared according to NEBEG's guidelines. Risk of loss or damage transfers to the Customer upon delivery at the specified location.
6. Software Licensing
Software provided by NEBEG, including the aQTG Tool and NCV platform, is licensed—not sold. NEBEG retains ownership and intellectual property rights. Licenses are non-exclusive, non-transferable, and restricted according to agreed user categories and modules. Unauthorized distribution, reverse engineering, or copying is strictly prohibited.
7. Warranty and Support
NEBEG provides:
- Hardware Warranty: A two-year hardware warranty against manufacturing defects from the date of installation.
- Support Service: One-year included support service (24/7).
- Ongoing Support: Ongoing support after the initial year under a separate annual support agreement.
Warranty exclusions include damage from misuse, unauthorized modifications, improper storage, and normal wear and tear.
8. Liability
NEBEG's total liability to the Customer for any damages arising out of or related to the provided products and services shall be limited to the amount paid by the Customer for the specific product or service causing the damage. NEBEG is not liable for indirect, incidental, or consequential damages, including loss of business, data, or profits.
9. Confidentiality and Copyright Infringement
9.1 Confidential Information
NEBEG software, products, documentation, commercial terms (including pricing), and any associated technical information provided by NEBEG to the Customer, whether explicitly marked or otherwise, constitute confidential information of NEBEG. The Customer agrees to protect and maintain the confidentiality of NEBEG's confidential information using reasonable care and precautions. Confidential information shall exclude information that:
- Is or becomes generally available to the public without breach of this Agreement
- Was already known by the Customer prior to disclosure by NEBEG, without breaching any obligations
- Is independently developed by the Customer without using NEBEG's confidential information
- Is received by the Customer from a third party legally entitled to disclose it
9.2 Compelled Disclosure
Should the Customer be legally compelled to disclose NEBEG's confidential information, the Customer shall promptly notify NEBEG (to the extent legally permissible) and provide reasonable cooperation at NEBEG's expense if NEBEG wishes to contest such disclosure.
9.3 Infringement
Customer acknowledges that any violation of confidentiality obligations, unauthorized disclosure, trademark infringement, copyright infringement, or any misuse of NEBEG's intellectual property shall constitute a fundamental breach of this Agreement. The Customer agrees that NEBEG may seek remedies including monetary damages, injunctive relief, or both, at NEBEG's discretion.
10. Intellectual Property Rights
All intellectual property rights, including software, documentation, trademarks, and associated technologies, remain solely with NEBEG Solutions. Customers are granted licenses solely for the agreed usage.
11. Termination
NEBEG reserves the right to terminate any license, contract, or service agreement if the Customer breaches any material term, including non-payment. Upon termination, the Customer must immediately cease use of all licensed software and products.
12. Data Protection
NEBEG complies with applicable data protection laws (e.g., GDPR). Personal data will only be used in connection with our business operations, and we adhere strictly to our privacy policy, available on our website.
13. Force Majeure
Neither party shall be liable for delays or failures in performance caused by events beyond reasonable control, including but not limited to acts of God, wars, government regulations, pandemics, strikes, and natural disasters.
14. Governing Law and Jurisdiction
These Terms and any disputes arising from or related to NEBEG products and services shall be governed by Swiss law, with jurisdiction exclusively held by the courts of Zürich, Switzerland.
15. Amendments
NEBEG reserves the right to modify these Terms at any time. Changes will be communicated via our website or by direct notice. Continued use of our products and services constitutes acceptance of any modified Terms.
16. Acceptance of Terms
By engaging with our services, purchasing our products, or signing our agreements, you explicitly accept these Terms and Conditions.
Questions?
Contact Us
If you have any questions about these Terms and Conditions, please contact us at:
NEBEG Solutions AG
schwencke@nebeg.ch