Scope and application
The present general terms and conditions (hereinafter referred to as GTC) regulate the relationship between Netto Werbung GmbH and the customer. These GTC are part of every contract between Netto Werbung GmbH and the customer.
By ordering an offer or a service or by using an offer or a service, the customer accepts these terms and conditions in all points without reservation. Amendments and/or extensions to the general terms and conditions come into force immediately after confirmation of the order. The customer accepts the respective valid terms and conditions by using the services of Netto Werbung GmbH.
Prices and terms of payment
Netto Werbung GmbH reserves the right to update or change prices and offers at any time.
The prices offered are valid immediately for newly placed 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 are charged in advance together with the deposit. The setup fee (server setup) for Switzerland is SFr. 150.00. The required web space will be charged separately (see web hosting).
Until the final payment according to the order confirmation, graphic works, designs, templates, logos, apps etc. are not permitted. are the property of Netto Werbung GmbH.
Terms of payment: For new customers at least 1/2 when the order is placed, 1/2 after completion. Completion means when the website/webshop is completed on our part and the login and CMS are available to the customer. Subsequently, the joint fine tuning takes place.
For extended services such as domain name rental, subscriptions, carefree and maintenance contracts of websites and web shops, e-mail support and others, advance payment is generally required.
In the case of the carefree contract, the monthly invoices for additional services exceeding 3 hours/month are always due upon receipt. In case of delay in payment, especially in case of payment by instalments, Netto Werbung GmbH is entitled to suspend the use of services and/or to cancel the contract without notice (without compensation) within 60 days. The remaining amount owed as well as commenced services are due for payment immediately and without the discounts agreed upon in the agreement.
Start and duration of the contract
The contract comes into force immediately after placing an order for a new or existing website. By confirming the order, the client acknowledges and accepts all contractual conditions in accordance with the GTC of Netto Werbung GmbH.
For advanced services such as domain name rental, subscriptions, carefree and maintenance contracts of websites, IT contracts and e-mail support and others, the following applies These contracts are concluded for a period of one year. They must be cancelled by one of the parties 60 days before the expiry date of the respective subscription. The refund of prepaid fees in the event of premature termination of the contract at the request of the customer 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.)
Default of payment and reminder
The invoice and instalment payment amount is payable in full and without deduction upon receipt, at the latest 3 days after the invoice date or the contractual agreement (regular payment period).
If no payment or an incomplete payment is received, only a 1st reminder will be sent after the expiry of this payment period. Netto Werbung GmbH can claim legal interest on arrears, calculated from the expiry of the regular payment period and reminder fees to cover the costs incurred as well as any collection costs, including court and lawyer's fees. This corresponds to approximately 200% of unpaid invoices.
If 5 days after the invoice date no or only incomplete payments have been received, 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 the obligation to terminate the service he has used. The fees remain due. If a blockage occurs and the customer wishes to remove this blockage, the additional costs incurred will be charged. Friendship and special prices become void as a result and the full current hourly rates will be charged subsequently.
Services of Netto Werbung GmbH
The offers of Netto Werbung GmbH are subject to change. Netto Werbung GmbH can change the scope of services of all offers and options at any time, subject to the period of notice.
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 periods and deadlines are only binding if they have been agreed in the contract.
After the completion of a website of an app or a webshop as well as the handover of the domain(s) to the customer, a 10-day right of objection for corrections and additions applies, otherwise the entire order is fully accepted and completed, and the immediate final payment of all expenses is due. After receipt of the final payment, all relevant login data will be handed over.
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 and copyright infringements shall be borne by the customer
The responsibility for any text content or other publications is borne solely by the customer.
The customer releases Netto Werbung GmbH from all claims of third parties based on the contents provided by the customer.
The customer is obliged not to pass on his personal user identification to third parties or to make it accessible to third parties.
The client agrees that Netto Werbung may publish the graphics and Internet pages created for him, if necessary with URL and company name as 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 Client 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 client's own risk. Netto Werbung assumes no liability for damages incurred by the client through the provision or transmission of his files or other information on the Internet.
Netto Werbung GmbH assumes no liability for direct or indirect damages due to technical problems, server failure, data loss, transmission errors, data insecurity or other reasons. Netto Werbung GmbH is in no case liable for lost profit and consequential damages.
Netto Werbung GmbH is not liable for damages and 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, the uninterrupted functioning of the service at any given time.
Netto Werbung GmbH is not responsible for the content provided by the client. In particular, Netto Werbung is not obliged to check the content for possible legal violations.
Place of jurisdiction / Applicable law
For any disputes, the place of jurisdiction is the registered office of Netto Werbung GmbH.
Wil, 1 July 2020