General Terms and Conditions
1. Contractual provisions
1.1 Scope: webagentur.ch AG trades publicly as webagentur.ch Hereinafter, the name webagentur.ch will be explicitly referred to. The terms and conditions for webagentur.ch also apply to the following products: mini-page.ch, smart-page.ch and med-page.ch. All people employed by webagentur.ch are entitled to enter into contracts and agreements on the company's behalf.
1.2 Contract term: Unless otherwise agreed, the contract term is three years. At the end of the current contract term, the term is automatically extended by one year, unless one of the parties has sent written notice of termination by registered mail at least 90 days beforehand. All support services stop upon notice of termination. The contract only expires at the end of the notice period. With the expiry of the contract, all products created by webagentur.ch shall be returned to webagentur.ch, and all hosting services such as domains and emails will be terminated.
1.3 General provisions: If any provision of these terms and conditions is invalid, this does not affect the validity of the contract. The validity of the remaining provisions in these terms and conditions remains likewise unaffected. The ineffective provision shall be replaced by one that comes closest in sense and purpose. These terms and conditions are governed exclusively by Swiss law. The place of jurisdiction is Uster.
1.4 Amendments: webagentur.ch reserves the right to amend parts of the contract or terms and conditions to reflect changing circumstances without having to give direct notice to the customer. The customer has the right to an extraordinary termination of the contract with a pro-rata refund of prepaid costs for the remaining duration of the contract duration, insofar as they can plausibly demonstrate that these amendments would have prevented them from entering into the contract if they had been place at that time.
2. Payment Terms
2.1 Prices: The package prices posted on the website and in the contract apply for the creation of the customer's website and annual costs, as well as the conditions of the terms and conditions. Any additional services not included in the package will be billed at an hourly rate of CHF 120. Any further enhancements, adjustments, or other services will be billed at the same hourly rate, unless otherwise agreed in writing.
2.2 Late payments: webagentur.ch will not charge any fees for the first reminder notice sent after an open invoice remains unpaid by the payment deadline. [] If the customer again fails to pay the amount by the due date, webagentur.ch will charge a fee of CHF 20for the first collection notice and CHF 30for the second collection notice for the settlement of incurred costs and loss of income. The customer acknowledges that if webagentur.ch is forced to pass on the account to a collection agency, this will result in additional costs for the customer. webagentur.ch is entitled to temporarily deactivate the customer's website without notice for non-payment, until such time as the customer pays its outstanding balance.
2.3 Annual fees: These apply from the date the contract is signed, unless otherwise agreed. They apply regardless of actual use, or partial use. For as long as the customer's site remains in operation, they are payable to webagentur.ch. If there is reason to suspect that the customer will soon be unable or unwilling to pay in the near future, webagentur.ch is entitled to demand the outstanding balance immediately.
2.4 Instalment payments: webagentur.ch is in no way obliged to offer instalment payment options once the contract is signed. If webagentur.ch does grant the customer's request for an instalment payment plan, they are entitled to charge additional fees for the additional administrative expenses and loss of income.
3. Rights and Obligations of webagentur.ch
3.1 Self-promotion: Unless otherwise agreed, the customer agrees that webagentur.ch may display the graphics, websites etc. it has created for the customer on the company's website. The customer will allow webagentur.ch to place a link to their website on the customer's site. As a rule, webagentur.ch places their logo without further comment in the address bar at the bottom of the customer's website; this logo links to the company's site.
3.2 Browser compatibility: webagentur.ch is constantly adapting their websites to new versions of browsers. This service is included in the annual service contract. Unless indicated otherwise, the settings are for desktop screens, and do not include explicit versions for smartphones and/or tablets. No guarantee of browser-compatible display is made for outdated or not commonly used technologies and/or browser versions with less than 3% of the market share in Switzerland. If the customer should become aware of a browser incompatibility not excluded above, this will be remedied at no charge by webagentur.ch.
3.3 Warranty: webagentur.ch agrees to undertake their commission with the utmost care, and commit to the repair of any defects at no extra charge. If such repair should fail (e.g. in the case of impossibility), the customer asserts no claim for compensation, unless such failure was the result of intentional or grossly negligent acts. []
3.4 Disclaimer of liability: webagentur.ch accepts no liability for direct or indirect damage due to technical problems, server failure, data loss, transmission errors, or other reasons, and is not liable for lost profits and consequential damages. They will not reimburse the costs of third-party services. webagentur.ch is not liable for damages caused by faults in third-party programs.
3.5 Copyright: The copyrights of all works completed by webagentur.ch are retained by webagentur.ch, and all work remains their intellectual property. This expressly includes all textual, photographic, and graphical works created by webagentur.ch. These may only be used for other purposes with the express written consent of webagentur.ch. Such consent may incur fees. In particular, the programming code, the user interface, and the FTP data structure of webagentur.ch pages are its intellectual property and can under no circumstances be disclosed to third parties.
3.6 Consultants: If the customer is not satisfied with their assigned web consultant, webagentur.ch agrees to provide another consultant at no extra charge, or to fulfil their obligations via customer support in order to ensure optimal project support. If excessive cost or discrepancies arise with the customer, webagentur.ch may refer the customer to another employee.
3.7 Termination: webagentur.ch is entitled to terminate the contract and stop delivery of all services for failure to comply with the contract terms including any outstanding payment obligations. Such termination/suspension does not establish any claim for damages for the customer.
3.8 Hosting: The annual fees cover server space for at least one domain to be provided by webagentur.ch. The choice of server provider is at the sole discretion of webagentur.ch. The customer cannot access the server administration and, unless otherwise agreed, webagentur.ch sets up servers and domains based on their own default settings and in their own name. A move from an existing server must be explicitly wished by the customer. The customer is responsible for arranging the forwarding of any associated email accounts. webagentur.ch package prices include the hosting of newly registered sites, but not the transfer/redirection of existing servers. The latter can be provided by webagentur.ch at an extra cost.
3.9 Email: Unless otherwise agreed in writing, webagentur.ch will provide a free email server for one email address together with the technical access data required for the independent setup of addresses. Additional accounts are subject to a charge. Upon request, webagentur.ch will remotely set up a customer email for an additional fee. In special cases, such as the set-up of mobile devices, technical links, data transfer of existing accounts etc., a successful installation cannot be guaranteed, and all services will be billed at the hourly rate. webagentur.ch is not liable for any unreceived or unsent emails from email accounts or contact forms, and cannot completely prevent the delivery of spam emails.
3.10 Search engines: webagentur.ch will register the customer's website with various search engines and link directories. It will also create and manage Google AdWords campaigns. webagentur.ch makes no guarantee whatsoever that the customer's website will obtain a certain search engine ranking, because such positioning depends on numerous factors over which webagentur.ch has no influence. webagentur.ch will retain a portion of the campaign budget to cover its own expenses. The customer acknowledges that webagentur.ch will not disclose the nature of its activities related to search engine placement, as these are the intellectual property of webagentur.ch. Any activities for partnerships with external search engine companies are not included in the annual fees.
3.11 Closure of business: If for some reason webagentur.ch ceases its activities in this area of business, the customer will be provided a free data CD containing all relevant website data. This will allow the customer to continue operating the site on its own.
3.2 Privacy: webagentur.ch treats all received data as confidential. No data shall be disclosed to third parties. Excluded is that which, under strict conditions, must be disclosed to partners involved in fulfilling the contract.
4. Customer Rights and Obligations
4.1 Free support: The customer has the right to free support by telephone and email. Changes to existing website content will be made upon request. webagentur.ch reserves the right to charge for extensive modifications.
4.2 Copyright: The customer must check any materials provided for graphic design for any existing copyrights and obtain any necessary permits for its use. The customer assumes sole responsibility for any copyright claims or intellectual property rights violations. This does not include images and scripts procured by webagentur.ch. The customer is solely responsible for any text content or other publications. The customer agrees to exempt webagentur.ch from any and all third-party claims arising from actions for which the customer is responsible. The customer shall bear the costs of any legal action.
4.3 Address information: The customer agrees to notify webagentur.ch of any address changes (e.g. email, company address, phone number) within 14 days. webagentur.ch is not obliged to conduct research to correct this data. The customer is liable for any damages resulting from incorrect address data, such as reminder fees arising from the non-delivery of invoices.
4.4 Obligation to cooperate: The customer is obliged to actively participate in the completion of its site. Customers with projects with design and set-up costs under CHF 2500- agree to provide all material required for the activation of the website within three months, unless otherwise agreed in writing. If they fail to comply, they are obliged to pay the full set-up costs. This also applies if it was agreed in writing that a (partial) payment only becomes due at the time of activation. The customer shall be given a reasonable grace period for the delivery of the outstanding materials, during which time invoicing will be suspended. This grace period will normally be no more than 30 days.
4.5 Print items: webagentur.ch assumes no liability for any variation in the colours reproduced on print products such as brochures, flyers, or business cards. If the variations are significant, the customer will have to negotiate reprinting with the printing partner selected by webagentur.ch. With an 'OK to print', the customer gives approval that all information shown on the print merchandise such as text and contact details is correct, and that they have been checked for spelling mistakes by the customer. webagentur.ch assumes no liability for delays in delivery caused by the printer. The customer is only granted a licence to use the print products. Open data sg. is not included in the scope of supply, and the copyright remains with webagentur.ch.
4.6 Duty of care: The password and account information for the website are to be kept safe, and only disclosed at the customer's own risk. Improper changes to the CMS may result in a loss of data. Possible recovery efforts can be invoiced by webagentur.ch. The customer is obliged to check any materials provided for graphic design for any existing copyrights, and obtain any necessary permits for its use.
4.7 Design: The basis of the design and associated amount of effort form the website layout at the time of contract signing. If the customer requests subsequent changes after the contract signing, webagentur.ch will make goodwill adjustments of up to 30% of the originally calculated work hours at no extra charge. If it is not possible to make the subsequent changes in the voluntary additional time frame, any additional services will be billed at our hourly rate. The dissatisfaction with a supplied homepage gives no ground for the non-payment of outstanding invoices, whereby webagentur.ch makes every effort to provide the customer with an optimal product.
4.8 Delays: webagentur.ch endeavours to meet delivery dates. Should webagentur.ch fail to comply, they are granted an adequate subsequent delivery period. webagentur.ch is not liable for any damages resulting from such a delay, in particular for services in which third parties are integrated.