General Terms and Conditions

1.1 Subject matter - The General Terms and Conditions (hereinafter referred to as GTC) form the legal basis for the duration of the contractual relationship between WEBHUB360 and the customer (for the sake of simplicity, the female form is not used) who orders a product or service offered by WEBHUB360. The GTC are subject to Swiss law with exclusive jurisdiction at the registered office of WEBHUB360.

1.2 Commencement - The contractual relationship is concluded with the acceptance of the order or the activation by WEBHUB360 based on the customer's order. Depending on the product, the order can be placed by e-mail, online form, signed document or by purchasing services. The earliest of the aforementioned events shall be deemed the start of the subscription or contract. WEBHUB360 reserves the right to refuse an order without giving reasons.

1.3 Term - The initial contract term is determined by the customer when ordering from the options offered. At the end of this contract term, the subscription or contract (hereinafter referred to as the contract) is automatically renewed for the same term unless cancelled by one of the contracting parties at least 90 days before expiry or, in the case of online marketing, 30 days before expiry. If the customer switches a product to another provider, all services associated with this product will be cancelled. All claims to the services of WEBHUB360 expire with the change to another provider. When a subscription is cancelled, all associated support and update services expire. However, the contract only ends upon expiry of the cancellation period.

1.4 Components - In addition to the GTC, the terms of use at www.webhub360.ch/agb/ also form part of this contract. Options are regarded as an extension to an active contract; the entitlement to the respective option also expires upon termination of the contract. Options may have their own terms or be linked to the existing contract. When using third-party services, such as domain name services, online and offline advertising, printed matter and labelling, hosting and e-mail, the guidelines of the respective third party also apply. If a third party demands a fee and this is not included in the offers of WEBHUB360, this fee shall be borne solely by the customer.

1.5 Deviations - Agreements that partially deviate from or supplement the GTC are only valid on the basis of a document confirmed by both parties and have no influence on the applicability of the remaining provisions.

Terms of payment
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2.1 Prices - In principle, the contractually agreed prices apply. Where no explicit prices have been specified, the prices published on www.WEBHUB360.ch shall apply primarily or, secondarily, the hourly rate of CHF 160.00. All prices are quoted in Swiss francs excluding VAT. Any discounts are cash discounts and only apply if payment is made on time. Subscription prices are due in advance and are generally invoiced annually, or quarterly in the case of online marketing. WEBHUB360 reserves the right to adjust prices at any time due to changed circumstances. Such changes shall only become effective for existing contracts upon their renewal, either in favour of or at the expense of the customer. A refund of fees paid in advance is excluded in such a case or in the event of premature cancellation of the contract at the customer's request.
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2.2 Travelling expenses - Travelling expenses within the specified allowance are included in the prices. Any additional travelling expenses and telephone expenses shall be invoiced according to the actual time spent without additional mileage allowance or reimbursement of expenses. Unless expressly agreed otherwise, all personal expenses of WEBHUB360 employees are also included in the prices. Costs for authorisations, postage and packaging will be invoiced separately.

2.3 Payment period - Unless special payment periods have been agreed, a payment period of 30 days net from the invoice date shall apply to existing customers who have always paid their invoices on time. Prepayment applies to all other customers. In the case of contract extensions, the subsequent period will be invoiced after expiry of the cancellation period.

2.4 Offsetting - If the customer does not pay on time, he shall be in default without a reminder. The offsetting of claims by the customer shall be excluded. If the customer has neither paid the invoice by the due date nor made a written and justified complaint, WEBHUB360 may interrupt the provision of all services without further notice and/or terminate the contract without notice and without compensation.

Rights and obligations of WEBHUB360

3.1 Services - WEBHUB360 owes the provision of services in accordance with the offer requested by the customer, the product description of which is published in the offer or on www.WEBHUB360.ch. WEBHUB360 is free in all respects with regard to the manner of service provision, e.g. domestic and foreign companies or third parties may be involved. Changes in this regard are also at the discretion of WEBHUB360.

3.2 Image material - If image material is missing, WEBHUB360 may purchase suitable image material from third parties at the customer's request and expense, whereby the image material is, unless otherwise stated, only for the specific purpose and limited to the customer's company (1 licence). Under no circumstances may this image material be passed on to third parties. The same applies to fonts and other industrial property rights subject to licence.

3.3 Specimen copies & references - WEBHUB360 may retain a reasonable number of specimen copies (usually 5 copies) of printed material and use and publish them as proof of performance. WEBHUB360 may also publish unprinted material and general key data on the project as a reference. WEBHUB360 shall also be entitled to place a link to the WEBHUB360 website and a counterlink on all of the customer's websites. At the express written request of the customer, the naming as a reference and the linking may be omitted.

3.4 Copyrights - WEBHUB360 is generally entitled to the copyrights and neighbouring rights to all works created by WEBHUB360. WEBHUB360 may dispose of these rights in accordance with the provisions of federal law.

3.5 Ownership - WEBHUB360 shall retain ownership of all movable property until full payment has been made.
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3.6 Adaptations - WEBHUB360 reserves the right to adapt the GTC, other contractual components according to section 1.4 or an offer or individual components thereof to changed circumstances at any time without prior notice. Without notice to the contrary, such changes shall come into force with immediate effect. In this regard, reference is made to Section 4.9.

3.7 Interruption of services - WEBHUB360 shall be entitled to immediately block or remove the account, server, service, content, programme, etc. concerned in the event of non-compliance with an obligation of the customer in accordance with Section 4 - whether intentionally, unintentionally or through the fault of third parties. By remedying the defect, the customer may be released from the sanction imposed in each case. In the event of serious or repeated breaches of duty, WEBHUB360 reserves the right to terminate the contract without notice and compensation and to take legal action against the customer.

3.8 Notifications - WEBHUB360 shall be entitled to send the customer all notifications by e-mail, in particular announcements of product renewals or technical maintenance work, invoices, payment reminders, setup or cancellation confirmations, lost access data, etc. If WEBHUB360 has a contact address in this context that is no longer valid since the customer's order, WEBHUB360 shall be entitled to carry out additional queries of entries (administration interface provided by WEBHUB360, public WHOIS database for domain names or similar) with which the contact address can be assigned as clearly authorised.

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3.9 Premature termination of the contract - If the customer wishes to terminate the contract prematurely despite the contract being in force and if cooperation is no longer possible due to a lack of support from the customer, WEBHUB360 may voluntarily agree to the premature termination of the contract in return for compensation. WEBHUB360 may either invoice the actual expenditure or, in particular in the case of fixed prices without detailed hourly billing, demand lump-sum compensation. The flat-rate compensation on the original order volume is 50% until the start of the project, 75% in the first month after the start of the project and 100% thereafter. Each order execution by WEBHUB360 shall be deemed to be the start of the project.
 
Rights and obligations of the client
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4.1 Co-operation - The customer undertakes to co-operate and to meet the agreed deadlines so that WEBHUB360 can provide the desired services in the best possible way. In the absence of a project schedule to the contrary, a maximum project duration of 3 months is provided for orders up to CHF 10,000, otherwise the services will be invoiced and a surcharge of 10% for the additional expenditure will be charged for each additional month. The same applies analogously for orders over CHF 10,000 with a maximum project duration of 6 months.
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4.2 Third-party rights - The customer is solely responsible for the legal admissibility of the domain name and the content of his Internet pages and printed matter as well as for the data and information supplied by him (design work, texts, electronic data, image data, etc.) including search terms; the same applies to the protection of third-party rights, in particular with regard to copyright, competition law and criminal law.
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4.3 Good for printing - The client is obliged to check all control documents for errors of any kind and to return them immediately with any correction notes. With the print approval or other production information, the client agrees to the submission or realisation.

4.4 Notification of defects - The services and products provided by WEBHUB360 must be inspected by the customer immediately upon receipt. If the customer wishes productions that are as flawless as possible, high-quality and therefore more expensive processes with certain guarantees must be selected. In the case of colour reproductions, trimming, folding and finishing in all production processes, minor deviations from the original or from the template cannot be objected to, especially if third parties, such as printers, also exclude such deviations from a complaint, e.g. for technical or price reasons. The same applies mutatis mutandis to materials and manufacturing processes used. Complaints must be made in writing immediately, at the latest within 8 days.

4.5 Delays - Delivery dates are generally non-binding. Stated dates shall correspond to the respective planning status. In the event of non-compliance, WEBHUB360 shall be granted a reasonable grace period. WEBHUB360 assumes no responsibility for any delays, especially if these are caused by third parties such as printers or by changes at the customer's request. In relation to consumers, WEBHUB360 shall be liable in accordance with Swiss law, but not for immaterial damages or loss of profit. WEBHUB360 is not liable in cases of force majeure.

4.6 Placement in search engines - WEBHUB360 does not guarantee the customer the success of the measures taken. The placement of a website in search engines depends on numerous factors over which WEBHUB360 has no influence, so that the services of WEBHUB360 alone do not necessarily lead to success.​

4.7 Browser compatibility - WEBHUB360 provides web services based on modern and common technologies. Depending on the web browser and operating system used, however, different displays may occur. No guarantee of compatibility is given for technologies with a market share of less than 5% in Switzerland or for outdated operating systems and browser versions. Mobile devices such as smartphones and tablets generally have smaller screens with very different formats and resolutions. Unless otherwise agreed, the display of websites is therefore geared towards a common standard width.

4.8 Server Setup - Unless otherwise agreed, WEBHUB360 shall set up domain names and servers with the basic settings for a new WEBHUB360 web presence, whereby the customer shall not have direct access to the server administration and configuration. Installation on third-party web servers is not included in the basic price, as these servers do not necessarily have the necessary specifications. The WEBHUB360 e-mail service can be used as web access via a browser with the existing user interface or via the POP or IMAP protocols as a download or integration for Outlook, smartphones or other programmes and devices. A move of an existing hosting, e-mail account or other services in connection with domain names and hosting must be explicitly requested by the customer, otherwise these services will be interrupted.
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4.9 Special termination - The customer has the right to terminate the contract without notice and is entitled to a pro rata refund of the costs paid in advance for the remaining term of the contract if a change in accordance with section 3.6 causes him a disadvantage that would have prevented him from concluding the contract at the time of the order, which the customer must credibly demonstrate.

4.10 Payment - The customer is obliged to pay the fees for the entire term of the contract in accordance with clause 2. In the event of late payment, a reminder fee of CHF 30.00 per reminder and default interest of 15% of the outstanding amount from the invoice date shall be owed. Reminders shall be sent every 10 days before further steps are taken. WEBHUB360 reserves the right to hand over the matter to a third party for collection. In case of repeated default of payment and unsuccessful reminders or in case of default of payment by new customers, WEBHUB360 shall be entitled to block access or interrupt the services. Access will only be reactivated after full payment has been received plus a processing fee of CHF 250.

4.11 Additional work - Work that does not fall within the scope of WEBHUB360's tasks or the catalogue of services applicable to the respective product may be rejected by WEBHUB360 or invoiced to the customer on a time and material basis. Examples of such chargeable services, which are usually charged on an hourly basis, include service extensions, the restoration of a homepage administered by the customer and undesirably changed, e-mail support regarding interfaces and third-party systems or installations and customisations on third-party web servers. The processing fee for domain transactions is at least CHF 50.
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4.12 Extended rights of use and raw data - The customer generally has the rights of use agreed in the order. For photo shoots in particular, it is customary for a certain number of selected photos, including image editing or image processing, to be made available for a specific purpose. Extended rights of use can be acquired for a small surcharge, whereby additional image editing or image processing will be charged separately. The delivery of raw data is not provided for and may be subject to an additional charge.
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4.13 Limits - For products with limits (traffic, number of pages, number of e-mail addresses, etc.), the customer will be charged for the additional volume in accordance with the published price if the respective limit is exceeded.
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4.14 Utilisation - The customer is obliged to use the services offered to it in accordance with section 1.4. The customer's right to use the services is not transferable and exists only for the customer or the customer's company and employees. In the event of the transfer of certain rights of use, the customer is obliged to inform the third parties concerned and is also liable for them.
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4.15 Restriction - The operation or direct or indirect advertising of so-called adult and download sites or content, IRC services (incl. bots, bouncers etc.), file sharing services (peer-to-peer etc.) or potentially illegal or offensive content is generally prohibited. The customer must also refrain from running programmes or scripts or operating websites that impair the system resources to the detriment of other customers. In addition, the customer is obliged to comply with the storage space limitation

4.16 Liability - The customer is solely responsible for all content, links and actions in connection with the account, server and printed matter used by him. The same applies to manuscripts, data carriers and templates transmitted to WEBHUB360, which are handled by WEBHUB360 with the usual care, but which must be secured or insured by the customer himself. With the exception of intent and gross negligence on the part of WEBHUB360, whereby the claim is limited exclusively to the directly incurred damage and the equivalent value of the services used, as well as any service guarantees granted, the customer waives any kind of liability claims against WEBHUB360 in the event of delays, operational interruptions, failures of individual services, data insecurity or loss, etc., including but not limited to claims for damages. WEBHUB360 shall not be liable in cases of force majeure.
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4.17 Contact addresses - By registering, the customer undertakes to provide correct and complete information. These include, if available, company, contact person, postal address, telephone number and e-mail address. In the event of important changes, the customer is obliged to inform WEBHUB360 within 10 days in order to avoid difficulties in establishing contact and delays. If the contact details prove to be incomplete, incorrect or outdated and the identity of the customer can therefore only be established with disproportionate effort or if notifications to the customer cannot be delivered, WEBHUB360 shall be entitled to discontinue the provision of its services or to terminate the contract extraordinarily without notice and compensation. WEBHUB360 shall also be entitled to charge the customer for any costs incurred due to outdated, incomplete or incorrect contact details, whereby the minimum charge shall be CHF 50.00.
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4.18 Data protection - The customer is responsible for maintaining the confidentiality of the website and the associated password. The customer is also responsible for all events caused by the customer granting visitors access to his website or passing on the password, and in this case is liable for all consequences arising from the use or misuse of his website or password. The customer agrees that personal data may be stored and transmitted to third parties to the extent necessary. This applies in particular to the transmission of data required for the registration of domain names, whereby this data may subsequently be published.