These General Terms and Conditions (GTC) apply to all customers of Swiss Media Design GmbH who have a current contract. Please read them carefully. If you have any questions, I’m happy to help. Thank you for your trust.
1. Scope
These General Terms and Conditions (GTC) apply to all business relationships between Swiss Media Design GmbH and the client, unless otherwise agreed in writing. Any amendments to these GTC shall not affect the validity of the remaining provisions. The client’s terms and conditions or any other contractual terms shall not apply unless we expressly accept them.
By placing an order in writing, the client confirms that they have taken note of these General Terms and Conditions and accept them as an integral part of the contract.
2. Quotes
Quotes from Swiss Media Design GmbH are drawn up on the basis of the data provided by the client. If this data is inaccurate or incomplete, the prices quoted are to be regarded as indicative. A quote only becomes binding for Swiss Media Design GmbH once the client has confirmed the order in writing.
3. Order processing
3.1 Swiss Media Design GmbH uses state-of-the-art technologies and methods.
3.2 Swiss Media Design GmbH accepts no responsibility for incorrect or incomplete data supplied by the client and excludes all liability for any resulting data loss.
3.3 The Client warrants that it holds all rights to the data and content provided. Swiss Media Design GmbH shall be held harmless in the event of any loss or damage arising from the unauthorised use of such materials.
3.4 Subsequent changes, such as text corrections or design adjustments, are subject to a charge.
3.5 In the event of unclear specifications, Swiss Media Design GmbH reserves the right to determine the layout and design at its own discretion.
3.6 Swiss Media Design GmbH shall meet the agreed deadlines, provided that the client fulfils its contractual obligations. Swiss Media Design GmbH accepts no liability for delays for which it is not at fault.
4. Terms of delivery
4.1 Delays in delivery do not entitle the customer to withdraw from the contract or to claim damages, provided that Swiss Media Design GmbH is not at fault.
4.2. Should the customer deliver data late, any additional costs incurred as a result will be invoiced separately.
5. Prices and terms of payment
5.1. The prices quoted are binding. In the event of unforeseen additional costs, the prices quoted may vary.
5.2. The client shall bear the costs for travel time to appointments; these shall be charged at the standard hourly rate of CHF 200.
5.3. A minimum of 30 minutes will always be charged, even for smaller jobs.
5.4. In the event of withdrawal from the contract through no fault of Swiss Media Design GmbH, the obligation to pay shall remain in force.
5.5. Advance payments of up to half the invoice amount may be required.
5.6. Payments are due within 30 days of the invoice date. In the event of late payment, an administration fee of 100 CHF will be charged from the third reminder onwards.
6. Overtime pay
At Swiss Media Design GmbH, work carried out outside normal business hours or at weekends and on public holidays is charged at a premium on top of the standard hourly rate, in order to provide appropriate remuneration for the additional demands placed on our staff. The premiums are structured as follows:
- Evening work (6.00 pm to 8.00 pm): For work carried out in the evening between 6.00 pm and 8.00 pm, as well as on Saturdays during these hours, we charge a surcharge of 25% on top of our standard hourly rate.
- Night work (8.00 pm to 6.00 am): Work carried out at night between 8.00 pm and 6.00 am is subject to a 50% allowance. This is to compensate for the additional strain that night work places on our staff.
- Work on Sundays and public holidays: A premium of 100% is payable on Sundays and public holidays. This increased premium reflects the special commitment shown by our staff on days that are normally set aside for rest and relaxation.
These supplements are intended to ensure that our staff are fairly compensated for working outside normal working hours and that the quality of our services is maintained even when staff are required to work longer hours.
7. Support and warranty
Support services provided by Swiss Media Design GmbH are generally charged on a time-and-materials basis and are always subject to a fee. A project is created in Bexio for every support enquiry, and the time spent is recorded accurately. Regardless of the scope of the enquiry, we charge for a minimum of 30 minutes’ work.
Due to the specific characteristics and ongoing development in the field of web technologies, Swiss Media Design GmbH offers no guarantees regarding the websites we create. The nature of web technologies and frequent updates to software and systems may affect the functionality of the websites. We are therefore unable to guarantee that the website will remain free of errors or fully compatible with future technological standards or updates once it has been handed over and the client has logged in for the first time. Any subsequent adjustments, bug fixes or updates will be treated as support cases and invoiced at our standard hourly rate.
8. Web hosting and social media tools
Swiss Media Design GmbH makes it clear that it accepts no liability for any problems arising in connection with web hosting services or the use of social media tools. This includes downtime, data loss, disruptions or security breaches caused by external service providers or by the nature of these digital platforms. Customers are advised that regular updates and monitoring of their systems are crucial to ensuring the integrity and performance of their websites and social media presence.
9. Terms of termination
Cancellations of domains, web services or other services subject to recurring charges must be made in writing and by registered post. All notices of termination must be submitted by the end of October at the latest. If notice of termination is not given by this date, the contract will be automatically renewed for a further year, and the relevant services will be invoiced for the following year.
Please refer to our detailed cancellation policy on our website for further information and the steps to be followed in the event of cancellation.
10. Confidentiality
Swiss Media Design GmbH is committed to maintaining strict confidentiality regarding all customer data. We take all necessary technical and organisational measures to ensure that our customers’ information is protected and used only within the legally permissible framework. Information will only be disclosed to third parties where this is necessary to fulfil contractual obligations or where the customer has given their express consent. This obligation of confidentiality remains in force even after the business relationship has ended.
11. Rights to the results of work
Unless otherwise agreed, Swiss Media Design GmbH reserves all rights to the works created in the course of fulfilling the commission. This includes sketches, drafts, design proposals, templates, originals, photographic works, generated data, data records, data carriers and all other work outputs.
Upon full payment, the client shall be granted a non-exclusive right to use the work produced. However, the copyright shall remain with Swiss Media Design GmbH. Any further use or use for other purposes requires the express written consent of Swiss Media Design GmbH. This provision safeguards our intellectual property rights and ensures that the content produced is used in accordance with our guidelines.
12. Applicable law and jurisdiction
The place of jurisdiction and place of performance is Buchs SG.
The contractual relationship is governed exclusively by Swiss law. Neither the „Vienna Sales Convention“ nor any other law or international treaty shall apply to the legal relationship between the contracting parties, even if they would be applicable under the rules of Swiss private international law.