These General Terms and Conditions (GTC) apply to all business relationships between Swiss Media Design GmbH and the client, unless otherwise agreed in writing. Amendments to these GTC shall not affect the validity of the remaining provisions. Conditions of the client or other contractual conditions shall not be valid unless they are expressly recognised by us.
By placing the order in writing, the client confirms that he has taken note of these GTC and accepts them as an integral part of the contract.
Quotations from Swiss Media Design GmbH are prepared on the basis of the data provided by the client. If this data is inaccurate or incomplete, the prices quoted shall be deemed to be approximate prices. An offer only becomes binding for Swiss Media Design GmbH after written order confirmation by the client.
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 any liability for resulting data loss.
3.3 The client guarantees that it owns all rights to the data and content provided. Swiss Media Design GmbH shall be indemnified against any damages arising from the unauthorised use of materials.
3.4 Subsequent changes such as text corrections or design adjustments are subject to a charge.
3.5 If the specifications are unclear, 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 agreed deadlines provided that the client fulfils its contractual obligations. No liability is accepted for delays for which Swiss Media Design GmbH is not responsible.
4.1 Delays in delivery shall 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 In the event of late data delivery by the customer, the resulting additional costs shall be invoiced additionally.
5.1 The prices quoted are binding. In the event of unforeseen additional expenditure, deviations from the prices quoted may occur.
5.2 The customer shall bear the costs for travelling time to appointments, which shall be charged at the regular hourly rate of CHF 180.
5.3 A time period of at least 30 minutes is always charged, even for smaller jobs.
5.4 In the event of cancellation of the contract through no fault of Swiss Media Design GmbH, the payment obligation shall remain in force.
5.5 Advance payments of up to half of the invoice amount may be requested.
5.6 Payments are due within 30 days of invoicing. In the event of late payment, a processing fee of CHF 100 will be charged from the third reminder.
At Swiss Media Design GmbH, work carried out outside normal business hours or on weekends and public holidays is charged at a surcharge on the normal hourly rate in order to adequately compensate our employees for the additional workload. The surcharges are staggered as follows:
These surcharges are intended to ensure that our employees are fairly compensated for their working hours outside normal working hours and that the quality of our services is guaranteed even under increased workloads.
Support services from Swiss Media Design GmbH are always charged on a time and material basis and are always subject to a fee. A project is created in Bexio for each support enquiry and the working time is precisely recorded. Regardless of the scope of the enquiry, we charge a minimum working time of 30 minutes.
Due to the specific characteristics and continuous development in the field of web technologies, Swiss Media Design GmbH offers no guarantees on the websites we create. The nature of web technologies and the frequent updates of software and systems can influence the functionality of the websites. Therefore, we cannot guarantee continued freedom from errors or full compatibility with future technology standards or updates after delivery and the customer's first login to the website. Any subsequent adjustments, bug fixes or updates will be considered as support cases and charged according to our standard hourly rate.
Swiss Media Design GmbH makes it clear that it accepts no liability for problems that occur in connection with web hosting services or the use of social media tools. This includes failures, data loss, malfunctions or security breaches caused by external service providers or by the nature of these digital platforms. Customers are reminded that regular updates and monitoring of their systems are critical to ensure the integrity and performance of their web presence and social media presence.
Cancellations of domains, web services or other recurring payment services must be made in writing and by registered letter. All cancellations must be submitted by the end of October at the latest. If the cancellation is not made by this date, the contract will be automatically renewed for a further year and the corresponding services will be invoiced for the following year.
Please consult our detailed Cancellation policy on our website for further information and steps to follow in the event of cancellation.
Swiss Media Design GmbH is committed to strict confidentiality with regard to all customer data. We take all necessary technical and organisational measures to ensure that our customers' information is protected and only used within the legally permissible framework. Information is only passed on to third parties if this is necessary for the fulfilment of contractual obligations or with the express consent of the customer. This obligation of confidentiality remains in force even after the termination of the business relationship.
Unless otherwise agreed, Swiss Media Design GmbH reserves all rights to the works created as part of the fulfilment of the order. This includes sketches, drafts, design proposals, templates, originals, photographic works, generated data, data recordings, data carriers and all other work results.
After full payment, the client receives a non-exclusive right to use the developed work. However, the copyrights remain with Swiss Media Design GmbH. Any further use or utilisation for other purposes requires the express written consent of Swiss Media Design GmbH. This regulation guarantees the protection of our intellectual property rights and ensures that the use of the generated content is in accordance with our guidelines.
The place of jurisdiction and place of fulfilment is Buchs SG.
The contractual relationship shall be governed exclusively by Swiss law. Neither the "Vienna Sales Convention" nor any other law or treaty shall apply to the legal relationship between the contracting parties, even if they were applicable under the rules of Swiss private international law.
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