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1. Contractual Provisions
1.1 Scope of application - The General Terms and Conditions of the Brentex Ltd. apply to all services provided by or on behalf of the Brentex Ltd. All persons employed by the Brentex Ltd. are authorized to conclude contracts and agreements in their name.
1.2 General Provisions - In case individual provisions of these General Terms and Conditions should be ineffective, the contract shall nevertheless remain effective. The validity of all other provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes as close as possible to the purpose of the invalid provision. These terms and conditions are exclusively subject to Swiss law. The place of jurisdiction is Neuenkirch.
1.3 Adjustments - The Brentex Ltd. reserves the right to change the terms of contract or the general terms and conditions in accordance with changing circumstances without direct notification of the customer if the changes are to the advantage of the customer. The customer has the right to extraordinary termination with pro rata reimbursement of the prepaid expenses for the remainder of the contract, provided that he can prove that such adjustments would have affected him at the time of the contract.
1.4 Duration of contract - Customers of Brentex Ltd. are not bound to any minimum contract period. Any time the customer may terminate the contract, provided he complies with the notice periods.
1.5 If an offer is signed, even if the order is cancelled by the customer, the services already rendered are owed to the Brentex Ltd..
2. Terms of Payment and Termination
2.1 Prices – The prices for marketing, website creation and annual costs shown in the offer and in the catalog apply.
2.2 Default of payment - Brentex Ltd. will not charge any reminder fees if the outstanding amount is not paid on time, with a new payment deadline being set in the reminder letter. If the customer does not pay the outstanding amount within the new payment deadline, the Brentex Ltd. may charge a fee of 20 CHF for the first reminder and 30 CHF for the second reminder to the customer in order to settle the expenses and damages incurred. Furthermore, the customer has to acknowledge that the Brentex Ltd. will cooperate with a collection agency in the event of a collection and that additional costs will be incurred by the customer. The Brentex Ltd. is entitled to temporarily block the website due to non-payment without prior notice until the payment has been settled by the customer.
2.3 Annual costs – These apply from the date of the conclusion of the contract, unless stated otherwise. If the website is not supposed to go online, Brentex Ltd. is still authorized to charge the amount of the annual costs, because there are expenses for Brentex Ltd. regardless of the activation of the website.
2.4 Installment payments - The Brentex Ltd. is not obliged in any way to grant the customer subsequent installment payments after the conclusion of the contract.
2.5 Termination - Both the customer and the Brentex Ltd. have the right to terminate the contract with a notice period of 30 days to the end of the month.
3. Rights and Duties of Brentex Ltd.
3.1 Self-promotion – Unless noted differently, the customer agrees that the Brentex Ltd. may present the products created for the customer as a reference on their website. Furthermore, the customer allows the Brentex Ltd. to add a link to their own website on the website created for the customer. This link is usually located at the bottom of the footer of the website.
3.2 Browser compatibility – The Brentex Ltd. continuously adapts their websites to new versions of browsers. This service is included in the annual cost of the support package. In case of outdated or non-standardized technologies and / or browser versions, which have less than 3% market share in Switzerland, there is no guarantee for a browser-compatible performance. If the customer discovers a browser incompatibility not excluded above, it will be fixed by Brentex Ltd. free of charge.
3.3 Loss of defects - In the event of defective performance, Brentex Ltd. commits itself to execute the order with the greatest possible care and to repair the defect. In case of failure of the repair (e.g. in case of impossibility) the client cannot claim for damages, except in case of intent or gross negligence.
3.4 Exclusion of liability - No liability shall be assumed by Brentex Ltd. for direct or indirect damages due to technical problems, server failure, loss of data, transmission errors or other reasons and in no case shall Brentex Ltd. be liable for loss of profit and consequential damages. There will be no costs for the provision of services by third parties. Brentex Ltd. is not liable for damages caused by defects in third party programs.
3.5 Copyrights - All copyrights of all work performed by Brentex Ltd. are owned by Brentex Ltd. and remain the intellectual property of Brentex Ltd. until the full invoice amount has been paid. This includes all text, photo and graphic products produced by the Brentex Ltd. After full payment of the invoice amount the copyrights are property of the customer.
3.6 Limitation of services - Brentex Ldt. is entitled to terminate the contractual relationship without compensation in case of non-compliance with the contractual conditions or outstanding payment and to stop all services immediately
3.7 Hosting – The annual costs include the hosting of the new website through an appropriate provider. The choice of the hosting provider is exclusively reserved to the Brentex Ltd. The customer cannot be granted access to the hosting and unless specified otherwise, Brentex Ltd. will set up hosting and domain in their own basic settings and under their own name. A move from an existing hosting must be explicitly requested by the customer, whereby the responsibility for any e-mail accounts lies with the customer.
3.8 Email - Annual fees include mail hosting for one email address. Furthermore, Brentex Ltd. shall provide the necessary technical access data for the independent creation of the addresses. Moreover, Brentex Ltd. also provides instructions, which make it easy for the customer to register the e-mail on his own devices. Additional accounts may be subject to a charge. If desired, Brentex Ltd. will install the e-mail for the customer via remote maintenance, whereby a setup fee will be charged. In special cases, such as setup on mobile devices, technical connection, data transfer of existing accounts, etc., no guarantee for successful installation can be given and all activities of Brentex Ltd. will be charged at the hourly rate. Neither is Brentex Ltd. liable for e-mails not received or sent from e-mail accounts or contact forms, nor can it completely prevent spam.
3.9 Search engines - By registering the customer's website with various search engines and link directories, Brentex Ltd. creates and manages Google AdWords campaigns. However, Brentex Ltd. does not guarantee the customer a specific positioning in search engines, as this depends on numerous factors over which Brentex Ltd. has no influence. Brentex Ltd. invests the campaign budget fully in the respective platform. The customer receives transparent insight into the campaign expenses, the strategy and the results of the campaign. Furthermore, the customer acknowledges that Brentex Ltd. does not disclose the measures of the setup and monitoring or does not disclose them in detail, as the measures contained therein are intellectual property of Brentex Ltd.
3.10 Discontinuation of business - To the extent that Brentex Ltd. ceases its business activities, it shall undertake to provide the customer with a data CD containing all relevant website data free of charge. Thus, the customer is able to operate the website independently.
3.11 Data protection - All provided data will be treated confidentially by Brentex Ltd. No data is available to third parties, except under strict conditions in agreement with the customer for the fulfillment of the contract.
4. Rights and Obligations of the Customer
4.1 Support - Through the support package, the customer has the right to receive telephonic and written support. Upon request, changes will be made to the existing content of a website. Brentex Ltd. reserves the right to charge for costly and fundamental adjustments, in consultation with the customer.
4.2 Copyright - It is the client's duty to check the material provided for the graphic design for possible copyrights and to obtain the necessary permission for use. Any claims for copyright and copyright infringement shall be borne entirely by the client. Exceptions are pictures and scripts which have been procured by Brentex Ltd. The responsibility for text contents or other publications lies solely with the customer. Therefore, the customer shall indemnify Brentex Ltd. from all claims made against it by third parties due to conduct for which it is contractually responsible and shall bear the costs of any legal action.
4.3 Address data - In case of changes of address (e.g. e-mail, registered office, telephone number) the customer is obliged to inform Brentex Ldt. Neither is Brentex Ltd. obligated to make inquiries itself in order to correct these data. The customer is liable for damages resulting from incorrect address data, e.g. reminder fees due to non-delivery of invoices.
4.4 Duty to cooperate - The customer is obliged to actively participate in the completion of the website.
4.5 Duty of care – Passwords and access data for the website and for e-mail addresses must be stored carefully and their disclosure is at the user's own risk. Improper changes in the CMS can lead to data loss. Any restoration work can be charged for by the Brentex Ltd.
4.6 Design – Not liking a website is not considered a valid reason for not paying the outstanding invoices. Brentex Ltd. is always aiming to provide the customer with an excellent product that meets the customer's requirements.
4.7 Delays - Brentex Ltd. makes every effort to meet delivery deadlines. In case of violations, Brentex Ldt. will be granted a reasonable delivery time. Furthermore, Brentex Ltd. is not liable for damages resulting from a delay, especially for services involving third parties.
4.8 Contact form - We assume no responsibility for the functioning of the contact form and for any missed orders. The customer undertakes to test the form himself to ensure its functioning.
