GENERAL TERMS AND CONDITIONS

Scope of application and validity
These General Terms and Conditions (hereinafter referred to as GTC) govern the relationship between Netto Werbung GmbH and the customer. These GTC are an integral part of every contract between Netto Werbung GmbH and the customer.

By ordering an offer or service or using an offer or service, the customer accepts these terms and conditions in all points without reservation. Amendments and/or additions to the General Terms and Conditions shall enter into force immediately after the order confirmation. By using the services of Netto Werbung GmbH, the customer accepts the applicable terms and conditions.

Prices and terms of payment
Netto Werbung GmbH reserves the right to update or change prices and offers at any time.
The prices quoted are valid immediately for new orders.
For contract renewals, the current prices published at the time of renewal apply.

If a new domain name is requested for a website, these fees will be charged together with the deposit in advance. The setup fee (server setup) for Switzerland is SFr. 150.00. The required webspace will be charged separately (see webhosting).

Until final payment has been made in accordance with the order confirmation, graphic work, designs, templates, source codes, logos, app etc. are the property of Netto Werbung GmbH. are the property of Netto Werbung GmbH.

Payment term: For new customers at least 1/2 when the order is placed. This is mandatory and part of the joint contract. Without a down payment, all verbal and written agreements are null and void. The second half, or the final payment, is due after completion or online placement.

Fertigstellung bedeutet, wenn die Webseite/Webshop fertig entwickelt ist und das Login sowie das CMS dem Kunden zur Verfügung steht. Das gilt auch dann, wenn der Kunde die Seite/Portal für Testzwecke online stellt.</p

For extended services such as domain name rental, subscriptions, carefree and maintenance contracts of websites and web stores, e-mail support and others, the advance payment or the deposit is generally applicable.

In the case of the carefree contract, the monthly invoices for additional services that exceed the 2 hours/month are always due upon receipt. In the event of late payment, in particular in the case of instalment payments, Netto Werbung GmbH is entitled to suspend the use of the services and/or to terminate the contract without notice (without compensation) within 20 days. The balance owed as well as services commenced shall become due for payment immediately and without the discounts agreed in the agreement.

In the event of cancellation of a legally valid service contract, in compliance with the 14-day right of cancellation, we shall charge 20% of the agreed order confirmed in writing for the work and expenses already performed.

Start and duration of the contract
The contract comes into force immediately after the order is placed for a new or existing website. By confirming the order, the customer acknowledges and accepts all contractual conditions in accordance with the GTC of Netto Werbung GmbH.

The following applies to extended services such as domain name rental, subscriptions, carefree and maintenance contracts for websites, IT contracts and e-mail support and others: These contracts are concluded for a period of one year. They must be terminated by one of the contracting parties 60 days before the expiration date of the respective subscription.

The reimbursement of prepaid fees in the event of premature termination of the contract at the customer's request is excluded.

Netto Werbung GmbH reserves the right to cancel the contract without notice and to stop all services in case of non-compliance with one of the contractual conditions. (website, webshop, app, e-mails, SEO etc.)

The order is fulfilled and due for final payment when the website, the online shop or an app has been put online. Further services will be agreed separately.

Default of payment and reminder
The invoice and installment payment amount is payable in full and without deduction upon receipt, at the latest 3 days after the invoice date or the contractual agreement (ordinary payment period).

If no payment or an incomplete payment is received, only a 1st reminder will be sent after expiry of this payment deadline. Netto Werbung GmbH may charge statutory interest on arrears, calculated from the expiry of the regular payment deadline and reminder fees to cover the expenses incurred and, if necessary, collection costs, including court and legal fees. This corresponds to approx.

150% of unpaid invoices.

If no or only incomplete payments have been received 10 days after the invoice date, or if the invoice and reminders could not be delivered within this period, the affected contract/carefree contract/website/webshops, apps & email accounts will be blocked without further warning or notification from Netto Werbung GmbH.

This blocking does not release the customer from ordinary termination of the service used.
The fees continue to be owed.
If a blocking occurs and the customer wishes to cancel this blocking, the additional costs incurred will be charged.
Friendly and special prices become void as a result and the full current daily and hourly rates will be charged retrospectively.

Services of Netto Werbung GmbH
The offers of Netto Werbung GmbH are subject to change. Netto Werbung GmbH may change the scope of services of all offers and options at any time subject to the notice period.

Netto Werbung GmbH will apply for the domain name on behalf of the customer at the responsible registry within the scope of the contract. The fulfillment of this service is subject to the applicability of the domain name. For customers, who have agreed upon services on payment by installments, the domain and website/webshop/apps belong to Netto Werbung GmbH until complete payment of the agreed upon contract.

The services include the planning and realization of websites, app and web shops for online and offline use, as well as the provision of web hosting.

Netto Werbung GmbH executes the order with the greatest possible care. Templates, documents, samples and data (carriers) are treated with care and confidentiality.

The maintenance and regular adaptation of the website to innovations and technical improvements requires a carefree or service contract. However, Netto Werbung offers adaptation and update options for one month after the online publication of the website. After this period an SEO & maintenance contract (subscription) can be concluded.

Performance deadlines and dates are only binding if they have been agreed in the contract.
After the completion of a website of an app or a web store and the handover of the domain(s) to the customer, there is a 10-day right of objection for corrections and additions, otherwise the entire order is fully accepted and completed and is due for immediate final payment of all expenses. After receipt of the final payment, all relevant login data will be handed over.

Liability in the context of app development

1. Responsibility: Netto Werbung GmbH assumes responsibility for the conception, design and technical development of websites and applications for mobile devices (hereinafter "app"), which are developed for the Apple iOS and Google Android operating systems in accordance with the customer's specific requirements and in accordance with the contract concluded between the parties.

2. App store submission: Netto Werbung GmbH will submit the app to the relevant platforms (Apple App Store and Google Play Store) after completion of the app and after checking compliance with the respective platform standards.

3. Rejection by platform operators: If the app is rejected by a platform operator, such as Apple or Google, it is the customer's responsibility to make any changes or adjustments requested by the platform operator. The customer undertakes to provide these changes in a form that Netto Werbung GmbH can process in a timely manner.

4. Further development after rejection: After receiving the content adapted by the customer, Netto Werbung GmbH will modify the app accordingly and resubmit it to the relevant platforms. However, Netto Werbung GmbH does not guarantee that the modified app will be accepted by the platform operators after resubmission.

5. Limitation of liability: The liability of Netto Werbung GmbH for the rejection of an app by the platform operators is excluded if the rejection is based on reasons beyond the control of Netto Werbung GmbH, including, but not limited to, non-compliance with the platform guidelines by the customer.

Disclaimer for SEO/SEA services

1. Keyword use: Netto Werbung GmbH undertakes to use the keywords provided by the customer appropriately in the context of search engine optimization (SEO) and search engine advertising (SEA). The keywords are selected by the customer. Netto Werbung GmbH accepts no responsibility for the effectiveness of the keywords selected by the customer in terms of search engine placement or user response.

2. Performance measurement and evaluation: The success of the SEO/SEA services is measured primarily on the basis of the impressions and clicks achieved. Netto Werbung GmbH undertakes to implement optimized measures to increase visibility and interaction based on the existing search engine algorithms.

3. Liability for bounce rate: Netto Werbung GmbH cannot be held responsible for a high bounce rate. A high bounce rate can be influenced by various factors that are beyond the control of Netto Werbung GmbH, including but not limited to the quality of the website content, user behavior or technical aspects of the customer's website.

4. Limitation of liability: Netto Werbung GmbH accepts no liability for failure to achieve the SEO/SEA results expected by the customer if this failure is due to the use of ineffective keywords, changes in the search engine algorithms or other circumstances for which the customer is responsible.

Duties and responsibilities of the customer
Customers are fully responsible for the information they make available to the public on the Internet.

The customer assures Netto Werbung GmbH that all provided contents can be freely used and edited. The customer assures that he has all necessary copyrighted rights of use.

Any claims due to copyright infringements shall be borne by the customer
The customer bears sole responsibility for any text content or other publications.

The customer indemnifies Netto Werbung GmbH against all third-party claims based on the content provided by the customer.
The customer is obliged not to disclose their personal user IDs to third parties or make them accessible to third parties.
The customer agrees that Netto Werbung may publish the graphics and websites created for them , including the URL and company name, as a reference or use them as proof of work in other advertising materials. The customer agrees that Netto Werbung maypublish the graphics and web pages created for him, including URL and company name, as a reference or use them in other advertising materials as proof of work.
Netto Werbung GmbH is entitled to make a discreet reference to the creation by Netto Werbung on the websites created for the customer and to place a link to its own website.

Liability and warranty
The use of the services provided by Netto Werbung GmbH is at the customer's own risk.
Netto Werbung assumes no liability for damages incurred by the customer through the provision or transmission of his files or other information on the Internet.
Netto Werbung GmbH accepts no liability for direct or indirect damage due to technical problems, server failure, data loss, transmission errors, data insecurity or other reasons.
Netto Werbung GmbH is in no case liable for loss of profit or consequential damage.
Netto Werbung is not liable for damage or misuse by third parties.
Netto Werbung GmbH cannot be held responsible for security deficiencies and operational failures of the internal Netto Werbung network, the telecommunications network of Swisscom AG, Cablecom and other network operators and providers of the Internet.
Netto Werbung GmbH does not assume any costs for the provision of services by third parties.
Netto Werbung does not assume any guarantee for the trouble-free functioning of the services offered.
Netto Werbung GmbH cannot guarantee the quality of the data or the uninterrupted functioning of the service at any given time.
In particular, Netto Werbung is not obliged to check the content for possible legal violations.

Confidentiality and sanctions

1. Confidentiality obligation: Both Netto Werbung GmbH and the customer undertake to maintain the confidentiality of all information of a confidential nature received in the course of the business relationship. This obligation includes all business secrets, internal data and other sensitive information that is not intended for the public.

2. Prohibition of business-damaging statements: Both parties are prohibited from making or disseminating statements about the other party that are damaging to the business. This includes, but is not limited to, false claims, misleading information or other statements that could damage the reputation or business interests of the other party.

3. Sanctions in the event of a breach: A contractual penalty shall be payable in the event of a breach of the confidentiality obligations or the prohibition of statements damaging to business. This penalty shall amount to at least CHF 30,000.00 and shall be determined according to the severity and impact of the breach. The assertion of further claims for damages remains unaffected by this.

4. Disclosure to third parties: The disclosure of confidential information or business-damaging statements to third parties without the prior written consent of the party concerned will result in the above-mentioned contractual penalty becoming due immediately.

Responsibility of the customer:
The customer is solely responsible for compliance with all guidelines and requirements of the platforms it uses, including the guidelines of Apple and Google. The customer indemnifies Netto Advertising against any liability arising from breaches of guidelines or rejected content on the part of Apple or Google.

No guarantee:
Netto Werbung makes no guarantee that the customer's content will be accepted by third-party providers such as Apple or Google. It is the sole responsibility of the platforms to make the final decision on the admissibility of content.

Adjustment of the services:
Netto Werbung reserves the right to change or discontinue the services if the customer's content is rejected or refused by third-party providers, including Apple or Google.
These provisions form an integral part of the General Terms and Conditions of Netto Werbung GmbH. Any deviations from these provisions require the written consent of both parties

Term and termination of rankingCoach and ListingTool contracts
Term: Unless otherwise agreed in writing, contracts for the services of rankingCoach and ListingTool have a fixed term of one year from the date of the contract.

Termination period and conditions:
Notice of termination of the contract must be given in writing no later than three months before the end of the specified term. If the contract is not terminated within this period, it is automatically extended for a further year.

Automatic renewal:
If the contract is not terminated, it is automatically extended for a further year under the same conditions, provided that neither party terminates the contract with a notice period of three months before the end of the current contract year.

Written form:
Notices of termination must be made in writing and can be sent by post or by e-mail to the address of the contractual partner stated in the contract. The timely dispatch of the notice of termination is sufficient to meet the deadline.

Place of jurisdiction / Applicable law

For any disputes, the place of jurisdiction is the registered office of Netto Werbung GmbH.

Wil, 1 July 2020