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 GTC are generally subject to Swiss law. In the case of cross-border contracts, the law of the country in which the customer is domiciled may apply instead, provided this is expedient for the enforcement of contractual claims.

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

Boutique für digitale Kommunikation undertakes to carry out orders with the greatest possible care and to the best of its knowledge and to treat all data and documents provided confidentially.

Copyright

Unless otherwise agreed, the copyrights to 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 express written consent.

Self-promotion

Unless expressly excluded, Boutique für digitale Kommunikation shall be entitled to list and publish the customer in reference lists with a logo, link and reference presentation of the work. An appropriate link (e.g. in the footer or imprint) on customer sites created by the boutique is also permitted.

Compatibility

If a maintenance contract exists, Boutique für digitale Kommunikation shall ensure the ongoing compatibility of the customer website with common web browsers, provided that this compatibility was given when the website was created.

Execution of work

The boutique for digital communication can carry out work itself or outsource it to third parties, whereby fiduciary duty and confidentiality are contractually guaranteed.

Power interruption

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

Rights and obligations of the customer

Copyright

The customer warrants that all content provided by him (texts, images, data, etc.) is free of third-party rights. The boutique for digital communication does not carry out any checks. Third-party claims shall be borne by the customer, with the exception of content procured by Boutique für digitale Kommunikation.

Duty to cooperate

The customer undertakes to cooperate actively and to provide all necessary information and documents immediately after placing the order. Delays due to a lack of cooperation shall release Boutique für digitale Kommunikation from its obligation to meet agreed deadlines.

Rights of use

Unless otherwise agreed, the rights of use to the work created shall be transferred to the customer upon full payment. The exploitation rights shall remain with Boutique für digitale Kommunikation.

Address data

The customer is obliged to inform us of any changes to their contact details within 14 days. Damages caused by incorrect or outdated data (e.g. reminder fees) shall be borne by the customer.

Formation of the contract

Conclusion of contract

A contract between Boutique für digitale Kommunikation GmbH and the customer is generally concluded by the acceptance of a written offer by the customer signing and returning the offer.

In the case of existing customers with whom an ongoing business relationship exists, a contract may also be concluded by verbal, telephone or electronic order, provided that the service ordered is clearly identifiable. In these cases, the provision of the service or the delivery of a corresponding invoice shall be deemed confirmation of the conclusion of the contract.

Terms of payment

Prices

The prices agreed in the contract shall apply. Services not included in the offer shall be invoiced at an hourly rate of CHF 150 (excl. VAT), unless otherwise agreed in writing.

Terms of payment

Unless otherwise stated, invoices are payable net within 10 days.

Delivery times and dates

Delivery times/dates

Delivery periods are approximate. In the event of delay, the customer may only assert legal claims after setting a reasonable grace period. No liability is accepted for delays caused by the customer.

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

Boutique für digitale Kommunikation GmbH 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 GmbH are to 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.