THE SMALL PRINT
GENERAL TERMS AND CONDITIONS (GTC)
1) Scope of application
The General Terms and Conditions (GTC) shall apply to all business transactions between the contractor (Beyondweb GmbH) and the client (customer) from the date of confirmation of the conclusion of the contract.
2) Applicable law / place of jurisdiction
The place of performance for all services shall be the Contractor's registered office. The ordinary courts at the Contractor's registered office shall have jurisdiction to hear any disputes arising from or in connection with this contract. Swiss substantive law shall apply exclusively (excluding the provisions of private international law and the CISG).
3) Conclusion of contract
The contract is concluded when the client accepts the offer to purchase services. Depending on the service and the client, the contract may be concluded verbally, by e-mail, signed document or by purchasing the service. By ordering and using our products and services, the client accepts these GTC in full and without modification. In addition, by concluding the contract, the client also tacitly accepts the privacy policy. The first date of the aforementioned events is deemed to be the start of the contract.
4) Deviations
Deviations from these GTC are only valid on the basis of a document confirmed by both parties and have no influence on the applicability of the remaining provisions.
5) Prices
Unless otherwise quoted, all prices are in Swiss francs (CHF). All prices are exclusive of any applicable value added tax (VAT). The prices are exclusive of any other applicable taxes. The Contractor reserves the right to change prices at any time. The price stipulated in the contract at the time the contract is concluded shall always apply.
6) Data protection
All data of the client will be treated as strictly confidential by the contractor. By visiting the contractor's website, information about the access (date, time, page viewed) may be stored. This data is not personal data, but is anonymized. They are evaluated exclusively for statistical purposes. It is not passed on to third parties for commercial or non-commercial purposes. Personal data is generated when filling out the contact form or requesting an appointment. The contractor reserves the right to store this data in a database and to use it for future marketing campaigns. The contractor expressly points out that data transmission on the Internet (e.g. when communicating by e-mail) is subject to security vulnerabilities and cannot be completely protected against access by third parties. The use of the contact data in the legal notice for commercial advertising is expressly not desired unless the contractor has given its prior written consent. The contractor and all persons named on this website hereby object to any commercial use and dissemination of the contents of this website.
Further information on data protection for visitors can be found in the privacy policy.
7) Liability
The use of the services, products and software provided by the Contractor is solely at the risk of the Client. The Contractor accepts no liability for any damage. The Contractor does not assume any guarantee for continuous service, data security, protection against hacker attacks and malware and for the transmitted data. The Contractor is not responsible for the data backup of the files stored on the server. The client is solely liable for all accounts, servers and printed matter used by him and the associated content, links and actions. The same applies to manuscripts, data carriers and templates handed over to the Contractor, which are handled by the Contractor with the usual care, but must be secured or insured by the Client itself. The Contractor shall not be liable for delays, operational interruptions, failures of individual services, data insecurity or loss and any hardware damage. The Contractor shall not be liable in cases of force majeure. The Contractor also accepts no liability for the accuracy, completeness and currency of the content provided. The use of the contents of the website is at the user's own risk. Contributions identified by name reflect the opinion of the respective author and not always the opinion of the provider. The mere use of the provider's website does not create any contractual relationship between the user and the provider. The continuous availability of this website is not guaranteed.
8) Referral link
By concluding the contract, the client agrees to allow the contractor to integrate a referral link in the legal notice. If the client explicitly does not want this, the contractor shall charge a flat-rate surcharge of CHF 500.
9) Force majeure
If timely fulfillment by the Contractor, its suppliers or third parties involved is made impossible due to force majeure such as natural disasters, earthquakes, epidemics, pandemics, volcanic eruptions, avalanches, storms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Contractor shall be released from the fulfillment of the affected obligations for the duration of the force majeure and for a reasonable period of time after its end. If a force majeure event makes it impossible for the Contractor to fulfill its obligations, the Contractor shall be released from the fulfillment of the affected obligations for the duration of the force majeure event and a reasonable start-up period after its end. If the force majeure lasts longer than 30 days, the Contractor may withdraw from the contract. In this case, the Contractor must reimburse the Client for any payments already made. Further claims, in particular claims for damages, are excluded.
10) Amendments to the GTCs
These General Terms and Conditions (GTCs) may be amended by the company at any time. The new version shall enter into force upon publication on the Company's website. In principle, the version of the GTC in force at the time of conclusion of the contract shall apply to the client. Unless the client has explicitly agreed to a newer version of the GTC.
11) Copyrights and other intellectual property rights
The Contractor transfers all copyrights and other intellectual property rights to the website to the Client in exclusive form. The client acquires the copyright exploitation rights & other intellectual property rights on the condition that it has paid the contractually owed remuneration in full to the contractor. Until full payment of the contractually owed remuneration by the client, all exploitation rights shall remain with the contractor.
12) Property rights
All work shall remain the property of the Contractor until full payment has been made. After full payment, all property rights shall pass to the Client.
13) Additional work & subsequent services
Work that does not fall within the Contractor's area of responsibility or does not fall within the contractually agreed scope of services may be refused by the Contractor or invoiced to the Client at an hourly rate of CHF 150 based on the hours worked. Examples of such a chargeable service may include the restoration of a homepage that has been administered by the client and has been altered in an undesirable way or support for the use of the CMS.
If the client wishes to integrate additional functions, plug-ins or other elements on the website, the client is obliged to pay the agreed price for the integration as well as the additional recurring costs for the maintenance of the software. Any reimbursement of unused additional services is excluded.
14) Kündigung & Rückerstattung
Kündigungen von Verträgen mit der Beyondweb GmbH müssen schriftlich entweder per E-Mail an hc.bewdnoyebobfsctd-577029@olleh oder per Post an Beyondweb GmbH, Suurstoffi 16, 6343 Rotkreuz erfolgen. Die Beyondweb GmbH behält sich das Recht vor, bei einer Kündigung vor Abschluss des Leistungsumfangs noch nicht erbrachte Leistungen vollumfänglich in Rechnung zu stellen. Für bereits bezahlte Leistungen besteht kein Anspruch auf Rückerstattung.
15) Severability clause
Should a provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any loopholes in the contract.