General Terms and Conditions (GTC)

Scope

The present general terms and conditions (in short GTC) regulate the contractual relations between the agency, Webklar Webdesign by Rolf Fleckenstein, and the customers who obtain services from the agency, as far as they are not already regulated in the contract. The customer acknowledges and accepts these GTC with acceptance of the offer and / or confirmation of the contract.

Contract & Offer

Upon the Client's request, the Agency shall prepare a verbal or written offer for the performance of services estimated by the Agency. This offer is valid for 10 days. If the customer agrees, the Agency shall prepare a written confirmation of the order, which the customer shall confirm.

The customer hereby acknowledges that the creation of a homepage or similar services represent a complex project, the effort of which is difficult to estimate in advance. The customer must accept that the real effort and the associated fee may sometimes differ significantly from the order and the offer. In such a case, the customer will be informed during the project and will be consulted to decide the next steps.

Services & Performance Bingers

The agency Webklar Webdesign creates for its customers all services in the field of web design, graphics, photography, text and printing. These services are provided by the agency itself.

Services include, but are not limited to:

  • Web design, conception, consulting and realization
  • Web hosting
  • SEO
  • Layout, layout designs
  • Graphic
  • Photography
  • Image, Text
  • Catalog creation

etc.

Fee, terms of payment

The customer owes the agreed fee for all services rendered by the agency. As a rule, the agency charges CHF 180.00/hour excluding VAT for all services rendered. In this context, fractions of hours shall be added up to the full hour. Special agreements are permissible. Any travel time incurred by the agency on behalf of the client will be charged at the same rates. Expenses will also be charged to the client. Software, images, texts, etc. purchased by the agency for the client will be charged to the client with a surcharge.

For new projects, the Agency may require 50% of the order amount as a deposit, for larger projects third payments or smaller payments on account with 5 days payment term may be agreed. The payment term of invoices is usually 14 days with 3% discount for payment within 5 days and 2% discount for payment within 8 days. The date of the invoice is decisive for compliance with the time limit.

If the customer is in default of payment, the agency may charge CHF 30.00 for each reminder or reminder. In addition, the customer owes a default interest of 5% from the 1st payment reminder. The Agency is entitled to transfer the case with all files to a collection agency. Any further expenses incurred by the Agency to collect the debt will also be charged at CHF 180.00/hour, which the Customer hereby expressly acknowledges. The agency is entitled to cancel work done, especially if it must expect that a failure is imminent. The agency is entitled to temporarily shut down websites hosted by it under prior warning until the debt is repaid. These last two measures will only be carried out in extreme emergencies and with the involvement of the customer.

Duties & Rights

The agency undertakes to perform the work conscientiously and with the utmost care. In case of problems with the implementation, the customer will be informed and next steps will be agreed upon, unless the customer explicitly does not want this. Errors that are clearly caused by the Agency will be corrected by the Agency free of charge, everything else will be charged to the Client. In case of problems that cannot be solved contrary to the expectations, the client has no right to compensation or reduction of the fee.

The Agency shall regularly inform the Client about the progress of the work and draw the Client's attention to any problems or dangers that may jeopardize the performance of the Contract.

The customer has a duty to cooperate for the execution of the contract. The customer shall provide the agency with all necessary documents and information required for the fulfillment of the order as soon as possible, but no later than 5 days after the order is placed. Should the Agency incur additional expenses due to the Customer's delay and even due to the Customer's inability to perform, these will be charged at the usual rates. As far as necessary for the fulfillment of the contract, the customer shall release personnel who are available to the agency as contact persons and who are authorized to support the agency in the fulfillment of the contract.

The customer has to send the delivered text material electronically as txt-file or word-file, the picture material as jpg. or png-file in sufficient size.

In order to protect the copyright of the Agency and the homepage created by the Agency, the Client may not change the web agency during the realization of a homepage (or parts of it), unless the Agency would not be able to carry out the realization. With the order confirmation the Agency takes over the order completely until the handover to the customer. The customer cannot carry out the realization of the commissioned homepage (or parts of it) even by his own personnel. A violation of this provision will result in a penalty of CHF 5000.00.

The Client agrees that the work performed for the Client may be listed as a reference on the Agency's website. In addition, the Client agrees that the Agency may link to the Agency's website from the Client's website. Usually this is done in the footer on the client's website.

Liability and Disclaimer:

The agency rejects any liability. The agency rejects any reduction of fees and any compensation for damages. Liability for lost profit is excluded in any case.

Die Agentur Webklar Webdesign ist insbesondere nicht haftbar für Probleme, die durch die installierte Software von Dritten (Plugins, Themes, Wordpress, usw.) entstehen. Wir machen unsere Kunden darauf aufmerksam, dass jedes Update, jede Aktualisierung und jede Veränderung der vorhandenen Installation zu Problemen führen kann. Auch kann ein reibungsloses Funktionieren eingesetzter Software von Drittfirmen nicht garantiert werden; deshalb verwendet Webklar Webdesign nur erprobte Software, die erfahrungsgemäss keine Probleme macht. Sollten dennoch unerwartet Probleme auftreten, haftet dafür nicht die Agentur. Die Agentur übernimmt keine Haftung für Schäden aufgrund technischer Probleme und deren Folgeschäden.

Intellectual property

The intellectual property and its related rights for the web designs, codes, graphics, etc. created by the Agency are transferred to the Client upon payment by the Client in the sense of a work. The intellectual property of third parties (images, software, etc.) and its rights usually remain with the author. The use of these rights is guaranteed by licensing and the payment of the license.

Place of jurisdiction

The place of jurisdiction is the seat of the agency Webklar Webdesign.