Terms

1.1 Scope

The general terms and conditions of Brentex AG apply to all services performed by Brentex AG or on behalf of Brentex AG. All persons employed by Brentex AG are authorised to conclude contracts and agreements on its behalf.

1.2 Conclusion

The contract becomes effective with the customer's consent. Consent may be given by signing an offer, by telephone or by email.

1.3 Adjustments

Brentex AG reserves the right to adapt the contractual conditions or the general terms and conditions to changing circumstances without directly notifying the customer if the changes are to the customer's advantage. The customer has the right to extraordinary termination with pro rata reimbursement of prepaid expenses for the remainder of the contract, provided the customer can prove that such adjustments affected them at the time of the contract.

1.4 Duration

Customers of Brentex AG are not bound by a minimum contract term. Provided the notice periods are observed, the customer may terminate the contract at any time.

1.5 Cancellation

Once an offer has been signed, the services already rendered are owed to Brentex AG even if the client cancels the assignment.

2.1 Prices

The prices shown in the offer and in the catalogue for marketing, the creation of the website and the annual costs apply.

2.2 Invoice

The customer is obliged to pay the invoiced amount for the remuneration owed for the products created by Brentex AG within the defined payment term. This also applies to a completed website that is not yet online for reasons attributable to the client.

2.3 Annual costs

These apply from the date the contract is concluded unless stated otherwise. Even if the website is not put into operation, Brentex AG is entitled to charge the annual costs, as Brentex AG incurs expenses regardless of whether the website is activated. If the customer does not pay the annual fees due, this is deemed termination of the contract and the website can no longer be transferred.

2.4 Instalments

Brentex AG is in no way obliged to grant the customer subsequent instalment payments after the contract has been concluded.

2.5 Late payment

If the outstanding amount is not paid on time, Brentex AG does not charge a reminder fee for a first reminder, which sets a new payment deadline. If the customer does not pay the outstanding amount within the new deadline, Brentex AG may charge a fee of CHF 20 for the first and CHF 30 for the second dunning letter to cover the expenses and damage incurred. The customer further acknowledges that, in the event of debt collection, Brentex AG works with a collection agency and the costs of the assignment are charged to the customer. Brentex AG is entitled to temporarily block the website without notice after the first dunning letter until the customer has paid.

2.6 Termination

The contract may be terminated by the customer or by Brentex AG with 30 days' notice to the end of a month. Notice must be given in writing by registered mail.

3.1 Data protection

Brentex AG processes personal data exclusively to perform the agreed services. All data provided by the customer is treated confidentially and not passed on to third parties unless this is necessary to perform the contract and the customer has consented. In this case, it is ensured that only authorised persons bound to confidentiality can process the data.

3.2 Draft

If the customer is unable to attend the presentation of the draft within the defined period, the draft is made available to the customer by email.

3.3 Adjustments

During the creation of the website and after it goes live, Brentex AG is obliged to make any adjustments requested by the customer.

3.4 Defects

Brentex AG undertakes to carry out every assignment with the greatest possible care and to remedy any defects in the event of defective performance. If this fails, for example because the defect cannot be remedied, the client cannot claim damages unless there is intent or gross negligence.

3.5 Exclusion of liability

Brentex AG accepts 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 lost profit or consequential damage. No costs are borne for services provided by third parties. Brentex AG is not liable for damage caused by defects in third-party programs.

3.6 Restriction of services

Brentex AG is entitled to terminate the contractual relationship without compensation and to stop all services immediately if the contractual conditions are not met or payments are outstanding.

3.7 Hosting

The annual fees include web hosting of the customer's website by Brentex AG. During the term of the contract, the web hosting is managed exclusively by Brentex AG. The customer cannot be given access to the hosting and, unless stated otherwise, Brentex AG sets up hosting and domain with its own default settings and in its own name.

3.8 Email

The annual fees include mail hosting for one email address. Brentex AG provides the technical access data needed to create the address independently, as well as instructions that make it easier for the customer to set up the email on their own devices. Additional accounts may be charged. On request, Brentex AG installs the email for the customer by remote maintenance for a set-up fee. In special cases, such as set-up on mobile devices, technical integration or data transfer of existing accounts, no guarantee of successful installation can be given and all activities of Brentex AG are charged at the hourly rate. Brentex AG is not liable for emails not received or sent from email accounts or contact forms and cannot fully prevent spam.

3.9 Search engines

Brentex AG registers the customer's website with various search engines and link directories and creates and manages Google AdWords campaigns. Brentex AG does not guarantee the customer any particular ranking in search engines, as this depends on numerous factors beyond the control of Brentex AG. Brentex AG invests the campaign budget in full in the respective platform. The customer receives transparent insight into the spending, strategy and results of the campaign. The customer acknowledges that Brentex AG does not disclose, or does not disclose in detail, the set-up and monitoring measures, as they are the intellectual property of Brentex AG.

3.10 Browser compatibility

Brentex AG continuously adapts its websites to new browser versions. This service is included in the annual costs of the support package. For outdated or non-standard technologies and/or browser versions with less than 3% market share in Switzerland, no guarantee of browser-compatible display can be given. If the customer finds a browser incompatibility not excluded above, Brentex AG will fix it free of charge.

3.11 Self-promotion

Unless stated otherwise, the customer agrees that Brentex AG may show the products created for the customer as a reference on its website. The customer also permits Brentex AG to add a link to the Brentex AG website on the website created by Brentex AG, usually at the bottom of the footer.

4.1 Support

With the support package, the customer is entitled to support by telephone and in writing. On request, changes are made to the existing content of a website. Brentex AG reserves the right to charge for costly and fundamental adjustments in consultation with the customer.

4.2 Domain

If the customer already owns a domain, the customer must provide Brentex AG with all relevant information within 20 days of concluding the contract so that the domain name can be transferred to the registrar of Brentex AG. Otherwise, Brentex AG reserves the right to register a new domain on its own.

4.3 Copyright

The client is obliged to check the material provided for the graphic design for any copyrights and to obtain the necessary permission of use. Any claims due to copyright infringement are borne entirely by the client. Exceptions are images and scripts procured by Brentex AG. Responsibility for text content or other publications lies solely with the customer. The customer indemnifies Brentex AG against all claims that third parties may raise against it for conduct for which it is not contractually responsible and bears any costs of legal action.

4.4 Address data

The customer is obliged to notify Brentex AG of any change of address (e.g. email, registered office, telephone number). Brentex AG is not obliged to investigate to correct this data. The customer is liable for damage resulting from incorrect address data, such as dunning fees due to invoices not being delivered.

4.5 Duty to cooperate

The customer is obliged to take an active part in completing the website.

4.6 Duty of care

Passwords and access data for the website and the email addresses must be kept carefully; disclosing them is at the customer's own risk. Improper changes in the CMS can lead to data loss. Any restoration work may be charged by Brentex AG.

4.7 Contact form

Brentex AG accepts no responsibility for the functionality of the contact form or for any missed assignments. The customer undertakes to test the form themselves to ensure it works.

4.8 Design

Not liking a website is no reason not to pay outstanding invoices, although Brentex AG always strives to provide the customer with an optimal product that meets their wishes.

4.9 Delays

Brentex AG endeavours to meet agreed deadlines. In the event of delays, Brentex AG is granted a reasonable period to provide the respective services. Brentex AG is not liable for damage resulting from a delay, in particular with regard to services involving third parties.

4.10 Term

Use of the website is limited to the product term. Transfer of the website to the customer after the end of the contract is excluded.

5.1 Amendments

Amendments to the contract and supplementary agreements are only valid if agreed in writing.

5.2 General provisions

Should individual provisions of these terms be or become invalid or unenforceable after the contract is concluded, the validity of the rest of the contract remains unaffected. The invalid provision is replaced by a provision that comes closest to its purpose. The above applies accordingly if the contract proves to be incomplete. These terms are governed exclusively by Swiss law. The place of jurisdiction is Neuenkirch.