1. Contractual provisions
1.1 Area of application – The general terms and conditions of the Brentex GmbH are valid for all services that are executed by the Brentex GmbH or on behalf of the Brentex GmbH. All persons employed by the Brentex GmbH are authorized to conclude contracts and agreements in their name.
1.2 Conclusion – The conclusion of the contract becomes effective with the agreement of the customer. The agreement can be given by signing an offer, by telephone or also by email.
1.3 Adjustments – The Brentex GmbH reserves the right to adapt the terms of the contract or the General Terms and Conditions to changing circumstances without informing the customer directly if the changes are to the customer's advantage. The customer has the right to terminate extraordinarily with pro rata reimbursement of the prepaid expenses for the remaining part of the contract, as far as he can prove that such adjustments affected him at the time of the contract.
1.4 Duration – Customers of the Brentex GmbH are not bound to a minimum contract duration. The customer may terminate the contract at any time, as long as he sticks to the notice periods.
1.5 Cancellation – If an offer is signed, the services already provided must be paid to the Brentex GmbH even if the contract is terminated by the client.
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 are valid.
2.2 Invoice – The client is obligated to pay the invoice for the products created by the Brentex GmbH within the defined payment period. This also applies to a created website that is not yet online because of the client.
2.3 Annual costs – These apply from the date of conclusion of the contract, unless otherwise stated. Even if the website is not put into operation, the Brentex GmbH nevertheless has the right to claim the amount of the annual costs, since there are expenses for the Brentex GmbH apart from the activation of the website. If the customer does not pay the annual fees that are due, this is considered as termination of the contract and the transfer of the website is no longer possible.
2.4 Installment payments – The Brentex GmbH is not obligated in any way to grant the customer subsequent installment payments after the conclusion of the contract.
2.5 Default of payment – If the outstanding amount is not paid in time, the customer will receive a first reminder letter with a new payment deadline from the Brentex GmbH. At this point he will not be charged any reminder fees yet. If the customer does not pay the outstanding amount within the new payment deadline, the Brentex GmbH may charge the customer a fee of 20 CHF for the first reminder and 30 CHF for the second reminder in order to compensate for caused expenses and damages. Furthermore the customer has to acknowledge that the Brentex GmbH cooperates with a collection agency in case a collection becomes necessary and the customer is charged with the costs for this. In case of non-payment after the first reminder, the Brentex GmbH is entitled to temporarily block the website without prior notice until the customer has paid the invoice.
2.6 Termination – The contract can be terminated by the customer as well as by the Brentex GmbH with a notice period of 30 days to the end of the month. The termination has to be made in written form by a registered letter.
3. Rights and obligations of the Brentex GmbH
3.1 Data protection – The Brentex GmbH processes personal data exclusively for the fulfillment of agreed services. All data provided by the customer will be treated confidentially and will not be disclosed to third parties, unless it is necessary for the fulfillment of the contract and the customer has agreed. In this case it is ensured that only authorized persons can process the data who have committed themselves to confidentiality.
3.2 Draft – If the customer is not able to attend the appointment for the presentation of the draft within the defined period, the draft will be made available to the customer by email.
3.3 Adjustments – In the process of the creation of the website and also after the website has been launched, the Brentex GmbH is obligated to make any adjustments at the request of the customer.
3.4 Defects – The Brentex GmbH agrees to execute each order with the greatest possible care and to fix any potential defects that may occur as a result of a deficient service. Should this fail, for example because the defect can't be fixed, the customer can’t claim for damages – except in cases of intent or gross negligence.
3.5 Disclaimer – The Brentex GmbH is not liable for direct or indirect damages due to technical problems, server failure, loss of data, transmission errors or other reasons and is in no case liable for lost profits and resulting damages. No costs are assumed for services provided by third parties. The Brentex GmbH is not liable for damages caused by defects in third party programs.
3.6 Limitation of services – The Brentex GmbH is entitled to terminate the contract without compensation and to stop all services immediately in case the customer does not comply with the terms of the contract or does not pay the outstanding fees.
3.7 Hosting – The annual fees include the service that the Brentex GmbH takes care of the web hosting for the website of the customer. During the term of the contract, the web hosting will be managed exclusively by the Brentex GmbH. The customer cannot be granted access to the hosting and unless otherwise stated, the Brentex GmbH will set up the hosting and domain in its own basic settings and under its own name.
3.8 Email – The annual fees include the mail hosting for one email address. The Brentex GmbH provides the customer with the necessary login information for the creation of his address. Furthermore, the Brentex GmbH provides the customer with instructions that make it easier for him to register the email on his own devices. Additional accounts may be charged. Upon request, the Brentex GmbH will install the email remotely for the customer, whereby a setup fee will be charged. In special cases, such as a setup on mobile devices or a data transfer of existing accounts, no guarantee for a successful installation can be given and all activities of the Brentex GmbH will be charged at an hourly rate. The Brentex GmbH is not liable for emails not received or sent from email accounts or contact forms and cannot completely prevent spam.
3.9 Search engines – The Brentex GmbH registers the customer's website on various search engines and link directories and creates and manages Google AdWords campaigns. The Brentex GmbH does not guarantee the customer a specific positioning in search engines, as this depends on numerous factors which are beyond the control of the Brentex GmbH. The Brentex GmbH fully invests the campaign budget in the respective platform. The customer receives a transparent insight into the expenses, strategy and results of the campaign. The customer acknowledges that the Brentex GmbH does not reveal the measures from the setup and monitoring or does not disclose them in detail, as the measures are intellectual property of the Brentex GmbH.
3.10 Browser compatibility – The Brentex GmbH continuously adapts its websites to new versions of browsers. This service is included in the annual costs of the support package. In the case of outdated or non-standard technologies and/or browser versions that have less than 3% market share in Switzerland, no guarantee can be given for a browser-compatible display. Should the customer find a browser incompatibility not excluded above, this will be corrected by the Brentex GmbH free of charge.
3.11 Self-advertising – Unless otherwise stated, the customer agrees that the Brentex GmbH may display the products created for the customer as a reference on its homepage. Furthermore the customer allows the Brentex GmbH to add a link to the website of the Brentex GmbH on his website created by the Brentex GmbH. Usually this link is located at the bottom of the footer of the website.
4. Rights and obligations of the customer
4.1 Support – Thanks to the support package, the customer has the right to receive support by phone and in written form. Upon request, changes will be made to the existing content of a website. The Brentex GmbH reserves the right to charge for expensive and fundamental adjustments in consultation with the customer.
4.2 Domain – If the customer already owns a domain, he is obligated to inform the Brentex GmbH about all relevant information within a period of 20 days after the conclusion of the contract, so the domain name can be transferred to the registry of the Brentex GmbH. If this is not done, the Brentex GmbH reserves the right to register a new domain independently.
4.3 Copyright – The client is obligated to check the material provided for the graphic design with regard to any copyrights and to obtain the necessary permission for use. Any claims for copyright and copyright infringement are fully borne by the client. Exceptions are pictures and scripts which have been provided by the Brentex GmbH. The responsibility for text contents or other publications solely lies with the customer. The customer frees the Brentex GmbH from all claims that third parties could raise against it due to behavior which is not contractually justifiable and bears any costs of a lawsuit.
4.4 Address data – The customer is obligated to notify the Brentex GmbH in case of address changes (e.g. email, company headquarters, telephone number). The Brentex GmbH is not obligated to make inquiries itself in order to correct this data. The customer is liable for damages resulting from incorrect address data, e.g. reminder fees due to non-delivery of invoices.
4.5 Duty to cooperate – The customer is obliged to actively participate in the completion of the website.
4.6 Duty of care – Passwords and access data for the website and email addresses must be kept carefully and their disclosure is at the customer's own risk. Improper changes in the CMS may result in a loss of data. Any restoration work may be charged by the Brentex GmbH.
4.7 Contact form – The Brentex GmbH is not responsible for the functionality of the contact form and for any missed orders. The customer is obligated to test the form himself to ensure functionality.
4.8 Design – Not liking a website is not a reason for not paying the outstanding invoices, whereas the Brentex GmbH always tries to provide the customer with an optimal product that meets his wishes.
4.9 Delays – The Brentex GmbH makes every effort to meet agreed deadlines. In case of violations the Brentex GmbH will be granted a reasonable time to provide the corresponding services. The Brentex GmbH is not liable for damages resulting from a delay, especially with regard to services involving third parties.
4.10 Term – The use of the website is limited to the term of the contract. A transfer of the website to the customer after the end of the contract is excluded.
5. Final provisions
5.1 Changes – Changes to the contract and additional agreements are only valid if they are agreed in written form.
5.2 General provisions – Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract remains unaffected. The invalid provision is replaced by a provision that comes as close as possible to the purpose of the invalid provision. The above provisions apply accordingly in the event that the contract proves to be incomplete. These terms and conditions are exclusively subject to Swiss law. The place of jurisdiction is Neuenkirch.