General

swisswebXperts GmbH (hereinafter referred to as swisswebXperts) is a computer science company that offers the creation and programming of Internet and software solutions. These terms and conditions govern the mutual rights and obligations between swisswebXperts and its customers. Data is understood to mean analogue as well as digital texts, photos, graphics as well as video and audio sequences.

Contract

swisswebXperts is a provider of individually created websites depending on the respective agreement with the customer.
Whatever the technological development, swisswebXperts is entitled, without cause, to change, improve or change the existing technology at any time without the customer having any claims to do so.

Programming work may require a detailed specification signed by both parties. Deviations from the specification must be recorded in writing. Any resulting additional expenses will be charged at the currently valid hourly rate. Deviations of more than 10% are announced in advance in writing (email). The same applies to unexpected changes in the concept of the customer. The hourly rate is noted in the specification.

Customer Data

Customer data is treated confidentially and will not be disclosed to third parties without written, explicit permission.

CMS Module Licenses swixContent

The content management system swixContent and all its modules including the database model are delivered completely open source.

There are no restrictions regarding modification, extension and use by the customer or a dedicated specialist for the predetermined project. The transfer to third parties is not allowed. Unless otherwise agreed, the customer has no exclusive right to individually programmed CMS modules. Agreements for exclusive rights must be in writing and signed.

Software Licences of Third Parties

The license terms of the software used in the project apply.
Individual programming to GPL open source software is automatically subject to the GPL license model under GPL regulations.

Agency Photos and Fonts

Licenses for agency images and / or fonts acquired by swisswebXperts may only be used in the project released by swisswebXperts. Further use, e.g. for printed matter or other web projects, requires direct licensing by the client to the appropriate agency. swisswebXperts assumes no liability for copyright infringing acts.

Hosting

The general terms and conditions of the respective provider apply.

 

Payment

Unless otherwise agreed: 30% down payment when placing the order – remainder after agreement, but at the latest after completion of the project or before publication. In case of delays caused by the customer of more than 14 days, e.g. Due to the lack of data, texts and pictures, the final invoice can also be made before the project is completed (date project start plus declared delivery time).

Until complete payment, all products (design, layout, programs, database) remain the property of swisswebXperts. For long-term projects (development time more than 6 months) we reserve the right of retention in the corresponding register.

If agreed partial payment dates are not adhered to despite a reminder, this is equivalent to a termination of the contract by the customer.

If payment deadlines are not met, swisswebXperts may charge a reminder fee of CHF 30.

Deadlines

Adherence to agreed dates requires the availability of all data required for completion. Unless otherwise agreed, the customer is responsible for the timely provision of the data.
If the customer is no longer available for consultation, which is necessary for the timely and correct completion of the project, or if the customer refuses active cooperation in an appropriate manner, this is equivalent to a refusal of acceptance and thus a termination of the contract by the customer.

Premature termination of contract by swisswebXperts

swisswebXperts is entitled to terminate an order for important reasons at any time. Important reasons are:

• if the services requested by the customer deviate massively from those in the signed offer, e.g. through unexpected changes in the concept of the customer, the customer refuses to pay the resulting additional expenses and thus the order for swisswebXperts can no longer be covered by cost coverage.
• An appropriate understanding between swisswebXperts and the customer can not be maintained to execute the project to the satisfaction of the customer.

Claims of any kind against swisswebXperts due to the resulting loss of business, loss of profit or postponements are excluded.

Already made payments will be refunded in this case. Work already started will not be left to the customer.
However, the customer has the opportunity to acquire work started by assuming the costs. The publication of the data takes place after receipt of payment. All license agreements remain untouched.

Premature Contract Termination By the Customer

The customer can end the contract at any time. In this case, the customer bears the material and license costs incurred, the costs for all work begun and consulting services up to the time of termination, but at least 50% of the agreed project sum. Already made payments will be credited, a balance in favor of the customer will be refunded.

Warranty

The warranty is valid until the time of acceptance of the project. The customer undertakes to report identified defects to swisswebXperts immediately. The warranty does not cover problems after acceptance of the project, which may be caused by third parties, e.g. Infrastructure (new operating systems), new browser technologies, changes to programming languages, etc. Any adjustments and reworking are subject to a charge after acceptance of the project, unless otherwise specified, e.g. through a maintenance contract.

Disclaimer

swisswebXperts assumes no liability for damage caused by content of the customer’s projects. The copyrights of all data provided by the customer or its suppliers are the customer’s responsibility. swisswebXperts assumes no liability for copyright infringing acts.

swisswebXperts is not liable for temporal breakdowns of the website or any consequential damage resulting from the unavailability of the customer’s website or interruption of its business; This disclaimer extends in particular to lost profits, loss of business information and data.

swisswebXperts assumes no liability for third-party access difficulties and disruptions such as telephone companies, internet service providers, web hosts, etc., or for those caused by so-called force majeure or repairs, maintenance or the introduction of new technologies.

swisswebXperts is only liable for damage caused by gross negligence on the part of swisswebXperts. The gross negligence is to be proven by the claimant. Expenses for the necessary expertise, legal advice and related costs of any kind shall be borne entirely by the customer.

Severability clause

Should a provision in these General Terms and Conditions or a provision in the context of other agreements be or become ineffective, or should the contract contain a gap, the legal validity of all other provisions and agreements shall remain unaffected.

In this case, swisswebXperts and the customer undertake to immediately replace the ineffective provision with a permissible effective provision, which according to its content comes closest to the original intention.

Fulfillment and jurisdiction

The exclusive place of performance and jurisdiction is 9524 Zuzwil – Swiss law applies.

Stand 19.11.2013