GTC

Contractual provisions

General provisions

If any provision of these terms and conditions is or becomes invalid or unenforceable in whole or in part, the contract shall nevertheless remain in force. The validity of all other provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the purpose of the invalid provision. These terms and conditions are subject exclusively to Swiss law. The place of jurisdiction for any disputes arising from these terms and conditions that cannot be settled amicably is Bern-Mittelland.

Adjustments

The customer will be notified of changes to the GTC in writing (by e-mail). The latter may lodge an objection within 30 days of the date of dispatch. Otherwise, the changes to the GTC shall be deemed to have been accepted.

Rights and obligations of the boutique for digital communication

Fiduciary duty and business secrets

The Boutique for Digital Communication undertakes to carry out orders and services with the greatest possible care and to the best of its ability. The Boutique for Digital Communication also undertakes to treat all data, documents etc. provided with care and confidentiality.

Copyright

Unless otherwise agreed, the copyright for all work created by Boutique für digitale Kommunikation (concepts, drafts, designs, images, texts, codes, etc.) shall remain with Boutique für digitale Kommunikation. Any further use requires the express consent of Boutique für digitale Kommunikation.

Self-promotion

Unless otherwise stated, Boutique für digitale Kommunikation shall be entitled to list and publish the customer (also beyond the term of the contract) in its reference lists with a link, logo and reference presentation of the work at the time of delivery.

Boutique für digitale Kommunikation is entitled to provide an appropriate link (e.g. in the footer or imprint) to customer sites created by it.

Compatibility with browsers

If a form of maintenance contract exists, Boutique für digitale Kommunikation is obliged to ensure that the customer’s website is compatible with all common web browsers on an ongoing basis, insofar as this compatibility existed when the website was created.

Execution of work

Boutique für digitale Kommunikation is entitled to assign work to a third party or to carry it out itself. The boutique for digital communication ensures fiduciary duty and business confidentiality through appropriate agreements.

Boutique für digitale Kommunikation is entitled to interrupt work or terminate contractual relationships if contractual conditions are not met or payments are outstanding.

Rights and obligations of the customer

Copyright

The customer assures that all data, templates, images, texts, files etc. provided by the customer are the property of the customer under copyright law and are therefore free from third-party rights. The boutique for digital communication does not carry out any checks. Any claims due to copyright infringements shall be borne entirely by the customer. This does not apply to data, templates, images, texts, files, etc. provided by Boutique für digitale Kommunikation.

Duty to cooperate

The customer is obliged to actively participate in the completion or provision of the service and to provide all necessary information, documents, files, etc. immediately after placing the order. Boutique für digitale Kommunikation accepts no liability for delays and their negative effects resulting from a lack of support from the client.

Rights of use

Unless otherwise agreed, the rights of use to the work created shall pass to the customer upon payment of the order. The exploitation rights remain with the boutique for digital communication.

Address data

The customer undertakes to inform us of any changes of address (e.g. e-mail, registered office, telephone number) within 14 days. The Boutique for Digital Communication is not obliged to carry out its own investigations to correct this data. The customer shall be liable for damages resulting from incorrect address data caused by him, e.g. reminder fees due to non-delivery of invoices.

Formation of the contract

Conclusion of contract

A contract is concluded between the customer and Boutique für digitale Kommunikation upon written, electronic or telephone confirmation by both parties. The customer receives an order confirmation after receipt of the order. With this order confirmation, the order is deemed to have been accepted.

Terms of payment

Prices

The prices offered in the contract for the creation of the website and for the annual maintenance costs apply, as well as the conditions of the GTC. Activities that are not included in the offer will be carried out in consultation with the customer at an hourly rate of 150.00 (excl. VAT). Any extensions, adaptations or other activities shall be carried out at the same hourly rate, unless otherwise stated in writing.

Terms of payment

Unless otherwise stated in the invoice, payment of the invoice amount must be made within 10 days of the invoice date without any discount or other deductions.

Delivery times and dates

Delivery times/dates

Delivery times and dates are approximate and are given to the best of our knowledge and belief. No liability can be accepted for delays caused by the customer. Failure to meet a deadline shall only entitle the customer to assert the rights to which he is legally entitled if he has set Boutique für digitale Kommunikation a reasonable grace period.

Contract terms and notice periods

Contract term website support

Cancellation of a website support service without incurring costs is possible subject to a notice period of 4 weeks.

Contract term for hosting and third-party software components

By canceling a website support service, the customer assumes the running costs of the software components used.

Liability

Compensation for damages

The Boutique for Digital Communication excludes claims for damages against itself, unless these are based on intentional or grossly negligent behavior.

Notice of defects

The services provided by Boutique für digitale Kommunikation must be checked by the customer after completion of the order. If the customer does not report any objectively existing, serious defects to Boutique für digitale Kommunikation within 30 days of completion of the order, the order shall be deemed to have been finally completed.

If a complaint is made, the opportunity to rectify the defect must be granted within a mutually agreed and reasonable period.