General terms and conditions
Scope and application
These GTC govern the contractual relationship between Netto Werbung GmbH and the customer. By ordering or using services, the customer accepts the GTC.
Prices and terms of payment
Netto Werbung GmbH may adjust prices at any time. New customers pay 50% when placing the order, the balance is paid when the website goes online. The deposit and balance are to be paid immediately upon receipt. All other payments are due within 10 days.
Start and duration of the contract
The contract comes into force when the order is placed. For certain services, a minimum term of one year applies with automatic renewal unless terminated 90 days prior to expiry.
Performance deadlines and acceptance
Performance deadlines and dates are only binding if they have been agreed in the contract. After the completion of a website, 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. Thereafter, the entire order is deemed to have been fully accepted and completed, and the final payment of all expenses is due immediately. After receipt of the final payment, all relevant login data will be handed over.
Late payment and reminder
In the event of late payment, interest on arrears of 5% p.a. and reminder fees will be charged. Netto Werbung GmbH may suspend services or terminate contracts without notice in the event of late payment. Special prices are only valid if payment is made on time. In the event of late payment, the customer loses the right to the special prices and the regular prices will be charged.
Liability in the context of app development
Netto Werbung GmbH assumes responsibility for the conception, design and technical development of websites and apps in accordance with the customer's specific requirements. The app is submitted to the relevant platforms by Netto Werbung GmbH after completion and verification of compliance with the respective platform standards.
If the app is rejected by a platform operator, it is the customer's responsibility to make the required changes and provide them to Netto Werbung GmbH. Netto Werbung GmbH accepts no liability for the acceptance of the app after resubmission. Netto Werbung GmbH accepts no liability if the rejection is due to reasons beyond its control.
Disclaimer for SEO/SEA services
Netto Werbung GmbH undertakes to use the keywords provided by the customer appropriately in the context of SEO and SEA. Success is measured primarily on the basis of the impressions and clicks achieved. Liability for failure to achieve the results expected by the client is excluded if these are due to factors outside the control of Netto Werbung GmbH.
Exclusion of liability for breaches of guidelines and content
Netto Werbung GmbH accepts no liability for breaches of guidelines or rejected content by third parties, including platforms such as Apple or Google. The customer is solely responsible for compliance with all relevant guidelines and releases Netto Werbung GmbH from any liability.
Duties and responsibilities of the customer
The customer is fully responsible for all information that he makes available on the Internet. The customer assures that all content provided by him can be freely used and edited and that he holds the necessary copyrights. The customer indemnifies Netto Werbung GmbH against all third-party claims based on the content provided.
Secrecy and confidentiality
Both parties undertake to maintain strict confidentiality of all information received in the course of the business relationship, including but not limited to business secrets, confidential data and other sensitive information. It is expressly prohibited to disclose such information to third parties or to use it for purposes other than those contractually agreed. In addition, both parties are prohibited from making or disseminating business-damaging or defamatory statements about the other party, regardless of whether these statements are made publicly or privately.
In the event of a breach of these obligations, a contractual penalty of at least CHF 30,000 shall be payable. This contractual penalty may be increased if the damage caused exceeds the specified amount. In addition, the right to assert further claims for damages is expressly reserved.
The disclosure of confidential information to third parties without the express written consent of the other party shall also result in the contractual penalty becoming due. This provision shall continue to apply even after termination of the contractual relationship.
Place of jurisdiction / Applicable law
For any disputes, the place of jurisdiction is the registered office of Netto Werbung GmbH.
Wil, 1 July 2020