Terms and conditions
The following terms and conditions are valid for several relationships between the customer and michaelH webdesign Michael Hörnlimann (“michaelH”). They are part of every agreement. Deviations must be defined in advance and in written form between the parties. Terms and conditions are valid for an undefined time range in the moment of the agreement deal unless otherwise agreed.
1) Prices and terms of payment
The groundwork, especially the discussion before starting a project, is free of charge and without obligation for both sides. The customer will be informed in advance that several following efforts after the first discussion can be charged by michaelH webdesign.
Quotes are free of charge and are normally valid for 10 days unless otherwise agreed. The becomed obliged after being signed by both sides. All prices in the quote are visible without the Swiss VAT (valued added tax).
1.3) Placing of orders
Placing an order can be done in written form (by email) and includes the pre-condition that these terms and conditions have been read and are accepted in their whole form. The agreement happens by accepting the offer (signed agreement or email).
1.4) Invoice and terms of payment
The invoice is sent to the customer by email and has to be paid within 10 days of the invoice date.
1.5) Value added tax (VAT)
As a small business, michaelH webdesign Michael Hörnlimann is not liable to VAT. Several amounts are therefore without VAT.
1.6) Cancelling the order
If an agreed and already started order is reduced or cancelled, michaelH webdesign has claim of the provided part of the agreed price according to the quote. If the effort has already been completely fulfilled, michaelH has the right for the whole amount.
2) Rights and duties michaelH
2.1) Obligations of executive care
michaelH is obliged to execute all tasks very carefully and responsibly. Information which is relevant for the project are treated confidential.
2.2) Browser compatibility
michaelH guarantees that several created websites are compatible with the commonly used browsers in its most updated version. Especially for older versions of the Internet Explorer no compatibility can be guaranteed. The presentation of each website can have slight differences between different browsers which is also valid for tablets and smartphones.
The copyright of all services provided by michaelH which are done for a specific customer is owned by the customer after the end of the project (golive).
2.4) Exploitation right
For the during of cooperation the usage of the literary property of michaelH is allowed by the customer as long as the customer fulfills his duties as written in the agreement.
If not otherwise agreed in written form, michaelH has the right to publish the work after the project has come to an end and the website is published. michaelH can place his name and a link to https://www.michaelh.ch on the website of the customer.
The liability from michaelH is restricted to grossly negligent and/or willful fault. The claim for damages are restricted to the amount of the order. Claim on replacing or price reduction is only reasonable if a grossly negligent and/or willful fault in offering services by michaelH has been taken place.
2.7) Warranty against defects
Obvious defects which affect crucial parts of the website will be repaired by michaelH free of charge within reasonable time if they are reported within 5 days after the project end via email. The normal presentation of the website can be a defect for example. Excluded from this rule are incidents at the hosting provider because michaelH has no influence there.
2.8) Data and documents
michaelH keeps all important documents of the order for at least 365 days after the project end. Any further keeping of documents is not required by michaelH.
3) Rights and duties of the customer
3.1) Obligation to co-operate
The customer is bounded to work together with michaelH actively and as good as possible so the order can be accomplished successfully in reasonable time.
3.2) Scheduling delay on customer side
The customer agrees to hold appointments mentioned from his side. If the observance of a date is jeopardized, michaelH has to be informed about this change as early as possible. Requests from michaelH to the customer, for instance the need of specific material or other aspects to fulfill the order, must be answered within 5 working days. If answers take a longer time, michaelH can postpone upcoming appointments.
3.3) Scheduling delay by michaelH
michaelH tries to take a lot of care of the agreed dates. If it still happens, michaelH should be granted a reasonable time to deliver the service. For special happenings such as the delayed co-operation of the customer, nature disasters, accidents, sickness or conflicts with other projects, michaelH can also adjust the timeline.
3.4) Adjustments and extensions of an order
While realising a project the customer can request adjustments and/or extensions to the website in any form. These services which are not part of one of the three packages and which have not been agreed on the project start, are additional effort and are invoiced separately.
3.5) Immoral content
michaelH can always cancel an agreement if a website displays immoral or unethical content.
For all delivered data (documents, images and logos) from the customer, michaelH supposes that the rights of using them is present and no rights of third parties are offended. Possible costs of law enforcement have to be paid by the customer.
3.7) Severability clause
If some of the above regulations or parts of these terms and conditions should be invalid, the rest of the terms and conditions is not touched at all.
4) Final regulations
These terms and conditions are under the control of Swiss right. In case of a dispute the place of jurisdiction is Zurich, Switzerland.
michaelH webdesign Michael Hörnlimann, Kloten, June 2018