Terms & Conditions
It is not necessary for a customer to have signed an acceptance of these terms and conditions for them to apply. If a customer accepts a quotation, the customer will be deemed to be satisfied with the applicable terms and accepted these terms and conditions in their entirety. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
PROJECT DETAILS & DELIVERY
Company will build solutions/services for client according to the description laid out in the proposal. Any additional features, pages, or other changes to project requirements may affect the timeline and costs laid out in the tables above and will require a separate change order document. Company will build solutions at its own server by creating a subdomain e.g., https://projectname.massivemarketing.ch and upon successful completion of the project and hence the related payments, project will be transfered to clients’s domain, resulting in deletion of the subdomain at Company’s server.
Changes to the website design or development requires a lot of time to implement, therefore, these changes are very limited, once website is developed & delivered by the company, one week of time will be given for two minor text/images changes. Client should either buy a maintenance package or any other changes will be considered and invoiced as a new work mandate and Client will be provided with a new estimate. Company’s hourly rates are CHF 80.-, these rates will be doubled for work on weekends. First visit to client’s place is complimentary, any frequent visits by the company to the client office / place of choice will be charged on hourly basis.
WEBSITE HOSTING & DATA CONFIDENTIALITY
MATERIAL PROVIDED BY THE CLIENT
All the content (text, translations, images etc.,) will be provided by the client. All works produced as a result of the above agreement will become the sole intellectual property of the client, source development code of shop will not be transferred to the client. Company reserves the right to keep the source development code and use visual representations of the final product as part of their project portfolio. As all the content (text, images, translations etc.,) will be provided by client hence the company will not be responsible for the legal, copyright, proprietary rights of the provided content. Client agrees to indemnify, defend and hold harmless Company from any and all claims, actions, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising in any manner caused by Client’s (i) gross negligence; (ii) out of any claim that Client provided content, or any portion thereof in fact infringes upon or violate any proprietary rights of any third party, including but not limited to patent, copyright and trade secret rights; or (iii) from a breach or alleged breach of any of Client’s representations, warranties or agreements herein.
Clients understands the importance of paying to Company in a timely manner and wants to maintain a positive working relationship with Company to keep the project moving forward.
Payments for each invoice delivered by Company to Client are due within 15 days of receipt. In case of overdue payments, Company reserves the right to stop work until payment is received. All payment obligations are non-cancelable, and fees paid are non-refundable. Payment may be made by bank transfer or credit card. Credit card payments are subject to an additional 4% convenience fee. «Charges for late payment: Processing fee (from 70 days after the invoice date at the earliest, upon transfer to a debt collection agency) depending on the receivable, max. amount in CHF: 50 (up to 20); 70 (up to 50); 100 (up to 100); 120 (up to 150); 149 (up to 250); 195 (up to 500); 308 (up to 1,500); 448 (up to 3,000); 1,100 (up to 10,000); 1,510 (up to 20,000); 2,658 (up to 50,000); 6% of the receivables (above 50,000).»
TERM & TERMINATION
Termination of services by the customer must be requested in writing and will be effective upon receipt of such notification. Requests for termination of services by e-mail or telephone will not be honored until confirmed in writing. The client will be billed for work performed performed up to the date of the first notice of termination for payment in full within thirty (30) days. The maintenance contracts cannot be terminated early. Client agrees to pay Company any and all sums which are due and payable for: (i) services provided as of the date of termination; and (ii) expenses already incurred, including those from documented non-cancelable commitments. Company agrees to use the best eﬀorts to minimize such costs and expenses. All payment obligations are non-cancelable, and fees paid are non-refundable. If client delays the project by staying non-responsive or not providing the input, Company has the full rights to cancel the project and invoice the client for the work completed so far.
Termination for any reason shall not aﬀect the rights granted to Client by Company hereunder. Upon termination, Client shall pay to Company all undisputed amounts due and payable. If upon termination Client has not paid undisputed fees owed for the material, deliverables or Services provided by Company as of the date of termination, a legal course will be taken against the client. Also, Client agrees not to use any such material or the product of such Service, until Client has paid Company in full. Due to security & sensitivity of company’s dedicated server, access to backend will stay with the company and in case of cancellation, clients’ website transfer to a new server will be performed by the company, at a price of five hours.
PROJECT DELIVERY & CHANGES
Upon receipt of finished work, it must be checked by the client and any claim must be reported within 10 days. After this period, delivery is considered accepted and validated. After this period, any additional requests for changes will be considered and invoiced as a new work mandate. Company assumes no liability for loss of data. A duplicate must be kept by the customer.
REFUSAL OF DELIVERY
If the customer does not take delivery of the mandate, the company is entitled to invoice all of its services, after having notified the latter by mail or e-mail. Company have the right to take legal action against the client in case of non-payment. The computerized document ready for production is kept in archives at the expense and risk of the client, for a maximum of 3 months. Any costs incurred by the refusal to take delivery are the sole responsibility of the customer.
Any notices to either Party made pursuant to this Agreement shall be made and sent (i) via Swiss mail or a nationally recognized carrier to the other Party’s address on ﬁle; (ii) or via e-mail to the other Party’s designated representative. Each Party shall have an independent obligation to provide and update, as necessary, the mail and e-mail address on ﬁle for such notices. Notices sent by e-mail shall be deemed eﬀective once sent if no error or “bounce back” has been received within twenty-four (24) hours of submission.
RIGHT TO AUTHORSHIP CREDIT
Both Parties agree that when asked, Client must properly identify Company as the creator of the deliverables. Client does not have a proactive duty to display Company’s name together with the deliverables, but Client may not seek to mislead others that the deliverables were created by anyone other than Company. Client hereby agrees Company may use the work product as part of Company’s portfolio and websites, galleries and other media solely for the purpose of showcasing Company’s work but not for any other purpose.
Company hereby excludes itself, its employees and/or agents from any liability for :
Loss or damage caused by any inaccuracy;
Loss or damage caused by any omission;
Loss or damage caused by delay or error, whether as a result of negligence or otherwise in the production of the website;
Loss or damage to client artwork/photos provided for the site.
It does not matter whether the loss or damage is the result of negligence or any other cause.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement and any dispute arising hereunder shall be governed by the laws of the jurisdiction of Company’s primary business location (the “Company’s Jurisdiction”). For all purposes of this Agreement, the Parties consent to exclusive jurisdiction and venue in the courts located in the Company’s jurisdiction.