TERMS & CONDITIONS BY WEB.33 PALERMO (FOLLOWING: “33”)
The general terms and conditions are based on Swiss law and apply worldwide if the parties expressly or implicitly recognize them. Changes and side agreements are only effective if they are confirmed in writing by “33”. By using any of the services offered by “33”, you agree to the terms and conditions. The terms and conditions apply in the form available at the time the contract is concluded for an indefinite period, unless otherwise specified. “33” provides services in web design and related digital services, in particular products in the graphic sector such as the design of logos or flyers, branding, maintenance, eCommerce, advertising texts, translations of websites and websites are offered. “33” also offers web app development.
1. Payment terms and prices
1.1 Offers Offers are non-binding for both parties and are generally valid for 30 days, unless otherwise agreed in writing. The prices in the offers are exclusive of statutory VAT. The offer is converted into a contract by the order confirmation before the start of the order.
1.2 Invoice Invoices are created after the order has been handed over and sent to the customer electronically. In the event of postponements by the customer, “33” can create interim invoices. “33” reserves the right to request a down payment of up to 50% of the bid amount for larger projects.
1.3 Payment terms
The invoice amount is payable without deduction within the agreed payment period of 10 calendar days. If the payment is not made by the agreed payment date, the debtor will be in default without a reminder. From the second reminder, an additional reminder fee of CHF 50.- per additional reminder will be charged. After three unsuccessful payment requests, “33” passes the case on to the debt enforcement office responsible, which may result in additional costs. After an unsuccessful first reminder by letter or email, “33” can interrupt the provision of services, in particular switch the website offline and stop working.
1 General Terms and Conditions
1.4 Cancellation If an order is canceled by the client, all hours accrued must be paid for. The client loses any right of use (point 2.4) to the tools (CMS etc.) provided by “33”
2. Rights and obligations “33”
2.1 Browser compatibility
“33” ensures that all websites are compatible with the latest versions of modern browsers (eg Firefox, Google Chrome, Safari, Edge). Older browsers such as Internet Explorer can also be supported on request.
2.2 Granting of defects
Defects, which concern assured properties, will be corrected by “33” by means of free rework, if immediately reported. A defect is a circumstance that either contributes to a significant malfunction or affects the essential function of the product. Defects that are not the fault of “33”, such as disruptions to the ISP (Internet Service Provider) or further failures of services used by “33” are excluded from this guarantee.
Web Services The right of use and copyright of all services provided by “33”, which are individual and customer-related, is with the customer from the time the project is completed.
2.4 Right of use & copyright “33” Content Management System (CMS)
Since software is an intangible good, the customer only procures the right to use the CMS (Content Management System) provided by “33”. In particular, the programming code, the CMS, as well as all textual, graphic, photographic products are the intellectual property of “33” and may not be passed on under any circumstances. Their further use requires the express written approval of “33”. The right of use applies to the duration of the existence of the website created by “33”. Royalty-free or limited license-free products are subject to the rules set by the provider as long as they exist.
2.5 Disclaimer “33” assumes no liability for direct or indirect damage due to technical problems, server failure, data loss, transmission errors or other reasons and is in no case liable for loss of profit and consequential damage.
2.6 Email and hosting
“33” generally does not provide any hosting, mail hosting or domains to customers, but is ready to give this advice or recommendation unless otherwise agreed. General terms and conditions of the respective hosting provider and domain seller are an integral part of this; the customer is subject to their rules when purchasing the service.
2 General Terms and Conditions
2.7 Search engines
“33” does not guarantee success in improving the positioning in search engines, since this depends on numerous factors and on which “33” has no influence.
If no other agreements are made in writing, “33” is entitled to publish the work after completing a project. “33” is entitled to place his name and a link to the website of “33” (https://w3bd3sign.ch) on the project.
The support contract includes: Adaptation to server and PHP updates, maintenance of your website, support (CMS training), advice on structural adjustments, changes to the page, changes in colors, patterns, images, fonts, changes in the order of elements, adding / Removing sub-pages, inserting content, adding / removing email addresses, technical support.
Exceptions are: Changes that are necessary due to avoidable wrongdoing by the customer or third parties; Changes which have been explicitly declared undesirable in the past and which result in additional effort; Changes that affect features that are an integral part of the original functionality of the site; Inserting a lot of content that the customer could also insert himself. Support services must not exceed a maximum of 5 hours per month unless otherwise agreed. The support contract is billed separately monthly or annually and, depending on the length of the contract, is automatically extended for a month or a year. The support contract can be canceled up to 10 days after invoicing.
2.10 Business abandonment
In the case of a business assignment, “33” endeavors to transmit the data to the customer in a suitable downloadable form (CD, USB stick or ZIP file) so that the customer can continue to operate the website independently.
3 General Terms and Conditions
3. Rights and obligations of the customer
3.1 Obligation to cooperate
The customer is obliged to actively participate in the completion of the website, starting with the transmission / provision of the desired content and design decisions. The agreed time frame for completion begins with the complete transmission and provision of the necessary content and design decisions.
3.2 Late delivery by the customer
The customer agrees to adhere to the given dates and requests from “33”, be it required. “33” reserves the right to invoice time and work delays caused by the customer as additional services rendered.
St. Johanns-Vorstadt 41
4056 Basel BS