General Terms

This page allows you to view our General Terms and Conditions of sale (GTC) as well as the terms and conditions applicable to our maintenance and support services (GMS)

General Terms and Conditions of Maintenance and Support (GTC M)

1. Purpose of the Contract

These General Terms and Conditions of Maintenance and Support (GTC M) govern the provision, by MW Programmation SA, of aintenance and support services for the software provided, including add -on modules and post -processors developed in -house.

2. Definitions

  • Software : Alphacam – Designer – NCSimul software provided by the “HEXAGON ” group, as well as MW -Edit, LDNC and MW -DNC software
    developed by MW Programmation SA. This also
    includes all add -on modules and post –
    processors developed in -house.
  • Support : Technical assistance provided remotely, by telephone or email. If necessary, remote maintenance (via TeamViewer) can be
    performed to resolve problems encountered while using the software.
  • Maintenance : Application updates, bug fixes and all other services aimed at ensuring the proper functioning of the software in question.

3. Services Included

The following services are included in the maintenance and support contract:

  • Technical assistance: Resolving technical issues related to software operation and the installation of updates.
  • Updates/ bug fixes: Access to the latest software versions, available fixes and patches.
  • User support: Occasional assistance with software use, including explanations of specific features, but not constituting full training.
  • Seminar : An annual one-day presentation of new features at MW Programmation SA, or a two-hour on-site session. For international clients, this service can be provided via videoconference or webinar.
  • Insurance: In the event of theft or fire, a new licence can be issued upon presentation of the police report.
  • HEXAGON software:
    • Provision of a temporary licen ce in case of workstation failure.
    • Licence revocation is possible in case of a PC or server change, upon request via a form, allowing subcontracting to HEXAGON.
  • Postprocessor:
    • 18-month warranty for all new postprocessors from the date of delivery.
    • Discount applicable to modifications of
      existing postprocessors outside the
      warranty period.

4. Limitations and Exclusions

Maintenance and support services do not include:

  • Problems related to the client’s IT environment (servers, network, hardware, etc.) ;
  • Errors in handling or incorrect software configuration ;
  • Use not in accordance with the instructions or licence terms;
  • Interventions related to third-party software not provided by MW Programmation SA ;
  • Creation or modification of postprocessors or add-on modules ( billed);
  • Supply of replacement equipment for MW-DNC installations (billed) ;
  • Subcontracted programming (billed) ;
  • On-site interventions (billed) ;
  • User training (billed) .

5. Working Hours

  • Support available: Monday to Friday, 8:00 a.m.
    to 12:00 p.m. and 1:30 p.m. to 4:30 p.m. (local
    time).
  • Support is not provided :
    • on 1 May
    • on Ascension Friday
    • for 2 weeks during the summer holidays
    • during t he period between Christmas and New Year’s Day

6. Client Commitments

The client agrees to:

  • Provide all information necessary for resolving
    technical problems ;
  • Use the software in accordance with the licen ce
    terms;
  • Not modify or attempt to circumvent protection
    systems without prior written authori sation;
  • Authorise the use of TeamViewer for the duration
    of the intervention.

If the client refuses to use the proposed solution, MW Programmation SA cannot be held responsible for any degradation in the quality, speed or efficiency of the service provided.

The client may propose an alternative remote access solution. However, MW Programmation SA reserves the right to refuse this solution if it presents excessive complexity, technical incompatibilities or risks in terms of computer security or data confidentiality.

7. Pricing

  • The annual fee covers all services mentioned in
    Article 3.
  • HEXAGON software:
    • Maintenance is included for the first year upon purchase of a licen ce.
    • The fee is updated according to the rate in effect at the time of annual renewal.
  • Software developed in-house (MW-Edit, LDNC
    & MW-DNC):
    • DNC: if new machines are added or old machines are removed during the year, the rate adjustment will be made at the beginning of the following year.
    • The fee is updated according to the rate in effect at the time of annual renewal.

8. Duration, Renewal and Termination

  • Duration: The contract is concluded for a minimum term of one year.
  • Renewal: Automatically renewed annually unless terminated within the specified timeframe.
  • Termination: This agreement may be terminated by either party with three months’ written notice prior to the end of the current contractual period. Termination fees may apply in the event of early termination. MW Programmation SA reserves the right to terminate the agr eement in the event of non-payment of invoices or a substantial breach of the terms of the agreement by the client. The same applies to any situation in which, objectively and despite full commitment, no service can meet the client’s requireme nts.

9. Responsibilities

MW Programmation SA undertakes to provide professional-quality services. However, it shall not be liable for indirect damages, data loss, or business interruptions resulting from the use or malfunction of the software.

10. Privacy

The parties agree to maintain strict confidentiality regarding all information exchanged under this agreement and to use it only for the purpose of providing or receiving the agreed-upon services. All sensitive data will be destroyed once the service has been completed.

11. Force majeure

Neither party shall be held liable for the non performance or delay in the performance of its contractual obligations in the event of force majeure, as defined by Swiss case law. Force majeure includes, but is not limited to: natural disasters, strikes, network outages, major supplier failures, or any other unforeseeable, irresistible event beyond the control of the parties.

12. Applicable Law and Jurisdiction

These General Terms and Conditions of Maintenance and Support are governed by Swiss law.

In the event of a dispute, the parties shall endeavour to reach an amicable settlement. Failing that, the place of jurisdiction shall be Valbirse, Switzerland.

13. Final provisions

  • Amendments to the General Terms and Conditions of Maintenance and Support : MW Programmation SA reserves the right to amend these General Terms and Conditions at any time. The current version can be consulted at any time on the website https://www.mwprog.ch/
  • Partial invalidity: If any provision of these
    General Terms and Conditions is deemed
    invalid or unenforceable, this will not affect the
    validity of the remaining provisions, which will
    remain in full force and effect.

General Terms and Conditions of Sale (GTC)

1.Subject

These General Terms and Conditions of Sale (GTC) define the terms applicable to all services offered by MW Programmation SA, including:

  • Resale of CAD/CAM (Computer-Aided Design and Manufacturing) software ;
  • Development of software solutions (DNC & LDNC (Direct Numerical Control)) ;
  • Development of post-processors ;
  • Development of add-on modules ;
  • User training ;
  • Maintenance and technical support ;
  • On-site interventions ;
  • Subcontracted programming and consulting.

All orders imply the client’s unreserved acceptance of the GTC.

2. Orders and Quotes

All services are subject to a prior quote valid for a maximum of 60 days.

The order is considered firm and final upon receipt by MW Programmation SA of the signed quote or any other equivalent purchase order.

3. Rates and Payment Terms

  • Rates: The rates of services, as well as the applicable currency and taxes, are indicated in the sales offer.
  • Payment Terms: For all first orders, full payment is required in advance.

Subsequent orders are subject to a payment period of 30 days net from the invoice date. Any other payment terms must be agreed upon in advance.

In the event of late payment, penalties may be applied in accordance with applicable law.

After three unanswered reminders, the case will be referred to a debt collection agency; all administrative and ollection costs incurred will be borne entirely by the client.

  • Payment method: Payments must be made exclusively by bank transfer. No other payment methods will be accepted, including che ques or cash.

4. Software Delivery

CAD/CAM licen ces are provided digitally; download information is sent via email.

Software developed in-house (LDNC and MW-DNC) is installed by a technician from MW Programmation SA.

Delivery and installation times are estimates only. Under no circumstances will a delay justify cancellation of the order, nor entitle the client to any compensation, penalty, or other form of redress.

5. Custom Developments

All requests for custom development (post-processors or add-on modules) are subject to prior analysis by MW Programmation SA.

To allow for a complete needs assessment, the preparation of a suitable proposal, and the provision of a realistic delivery timeframe, the client agrees to provide all information and documents necessary for the successful completion of the service.

Usage rights are limited to the client’s internal use, unless otherwise specified in the contract. The source code remains the exclusive property of MW Programmation SA, unless otherwise expressly agreed in writing.

6. User Training Sessions

User t raining sessions are held in person (at MW Programmation SA’s premises or on-site) and are organised by company to ensure data confidentiality.

The content, duration and objectives are available on our website section. (www.mwprog.ch), under the “Training”

f the client cancels less than two (2) business days before the scheduled date, the full fee is due, except in cases of force majeure.

Training sessions can be delivered remotely (via Microsoft Teams). In this case, they are organi sed in blocks of no more than two hours to maintain the quality of teaching.

7. Maintenance and Technical Support

Purchasing a licen ce automatically triggers an associated maintenance contract. This contract is concluded for an initial term of one year and is tacitly renewed for successive annual periods unless terminated by either party within the stipulated timeframes and conditions.

Clients with a valid maintenance contract benefit from maintenance and technical support services.

Technical support remains available to companies without a maintenance contract but will be billed according to the applicable rate.

The necessary information and terms are detailed in the General Terms and Conditions of Maintenance and Support (GTCM), available on our website (www.mwprog.ch).

8. On-site Interventions

Technical interventions performed at the client’s premises are billed as follows:

  • Upon delivery of the development in question;
  • At the end of the intervention, when it involves LDNC and MW-DNC software.

The client agrees to provide a suitable working environment, including access to the premises, the required safety conditions, and the necessary equipment. The client also ensures the presence and availability of their staff during the visits of MW Programmation SA technicians.

9.Subcontracted Programming and Consulting

All requests for subcontracted programming or consulting are subject to a preliminary analysis by MW Programmation SA.

To allow for a complete needs assessment, the preparation of a suitable proposal, and the provision of a realistic delivery timeframe, the client agrees to provide all information and documents necessary for the successful completion of the service.

10. Guarantees

Software resold by MW Programmation SA is covered by the warranties provided by its respective publisher.

For in-house developments, MW Programmation SA guarantees the functional conformity of deliverables according to the validated specifications for a period of twelve ( 12) months from the date of delivery. This warranty does not cover failures resulting from improper use of the systems or poor maintenance by the client.

11. Responsibilities

MW Programmation SA shall only be liable for damages resulting directly from the improper performance of its services, and only if proven negligence is attributable to it.

The client is required to use all provided elements with care and diligence, particularly in the context of custom development.

In any event, MW Programmation SA’s liability is strictly limited to proven direct material damages. Under no circumstances shall it be liable for indirect or intangible damages, such as – but not limited to – loss of profits, loss of data, business interruption, los s of revenue, or damage to equipment or machinery.

12. Intellectual Property

All intellectual property rights relating to the services, software, documents, developments and tools provided by MW Programmation SA as part of its services remain the exclusive property of MW Programmation SA, unless otherwise expressly agreed in writing.

The client is granted a limited, non-exclusive, and nontransferable licen ce to use the software and systems provided, in accordance with the terms of this agreement.

Any reproduction, copying, making available or distribution, in any form whatsoever, to unauthori sed third parties constitutes a violation of the rights of MW Programmation SA and may be treated as an act of infringement.

13. Privacy

MW Programmation SA is committed to maintaining the confidentiality of information and data provided by the client in connection with the provision of services.

This confidentiality obligation is permanent.

14. Force majeure

Neither party shall be held liable for the non performance or delay in the performance of its contractual obligations in the event of force majeure, as defined by Swiss case law. Force majeure includes, but is not limited to: natural disasters, strikes, network outages, major supplier failures, or any other unforeseeable, irresistible event beyond the control of the parties.

15. Applicable Law and Jurisdiction

These General Terms and Conditions are governed by Swiss law.

In the event of a dispute, the parties shall endeavour to reach an amicable settlement. Failing that, the place of jurisdiction shall be Valbirse, Switzerland.

16. Final Provisions

  • Amendments to the General Terms and Conditions of Sale : MW Programmation SA reserves the right to amend these terms and conditions at any time. The current version can be consulted at any time on the website.
  • Partial invalidity: If any provision of these General Terms and Conditions is deemed invalid or unenforceable, this will not affect the validity of the remaining provisions, which will remain in full force and effect.
  • Use of Hexagon software: The terms for using the software must be accepted by the user at the time of installation.