GENERAL TERMS AND CONDITIONS (GTC)

1) Scope
The general terms and conditions (GTC) apply to all business transactions between contractor (Beyondweb GmbH) and client (customer), from the date of confirmation of the conclusion of the contract.

2) Applicable Law/Jurisdiction
The place of fulfilment of all services is the registered office of the contractor. The ordinary courts at the contractor's registered office are competent to assess disputes arising from or in connection with this contract. Only Swiss substantive law is applicable (to the exclusion of international private law provisions and the CISG).

3) Conclusion of contract
The contract is concluded upon acceptance of the offer relating to the purchase of services by the client. Depending on the service and client, the contract can be concluded orally, by e-mail, a signed document or through a service subscription. By ordering and using our products and services, the client accepts these terms and conditions unchanged and in full. In addition, with the conclusion of the contract, the client also tacitly accepts the privacy policy. The first date of the above events is considered the start of the contract.

4) Discrepancies
Deviations from these terms and conditions are only valid on the basis of a document confirmed by both parties and have no influence on the applicability of the remaining provisions.

5) Prices
Subject to offers to the contrary, all prices are in Swiss francs (CHF). All prices exclude any applicable value added tax (VAT). The prices are exclusive of any other applicable taxes. The contractor reserves the right to change prices at any time. The contractually agreed price at the time the contract was concluded is always valid.

6) Data protection
All client data will be kept strictly confidential by the contractor. By visiting the contractor's website, information about access (date, time, page viewed) can be saved. This data is not personal data, but is anonymized. They are evaluated exclusively for statistical purposes. A transfer to third parties for commercial or non-commercial purposes does not take place. When filling out the contact form or requesting an appointment, personal data is created. The contractor reserves the right to store them in a database and use them for future marketing campaigns. The contractor expressly points out that data transmission on the Internet (e.g. when communicating by e-mail) has security gaps and cannot be completely protected against access by third parties. The use of the contact details in the legal notice for commercial advertising is expressly prohibited, unless the contractor has given his prior written consent. The contractor and all persons named on this website hereby object to any commercial use and transfer of the content of this website.

Further information on data protection for visitors can be found in the privacy policy.

7) Liability
The use of the services, products and software provided by contractors is solely at the client's risk. The contractor assumes no liability for any damage. The contractor does not guarantee continuous service, data security, protection against hacker attacks and malware, and for the transmitted data. The contractor is not responsible for backing up the files stored on the server. The client himself and exclusively is liable for all accounts, servers and printed matter used by him and the associated content, links and actions. The same applies to manuscripts, data carriers and templates handed over to contractors, which are handled by the contractor with the usual care but must be secured or insured by the client himself. The contractor is not liable for delays, operational interruptions, failures of individual services, data uncertainties or losses and any hardware damage. The contractor is not liable in cases of force majeure. In addition, the contractor does not guarantee the accuracy, completeness and timeliness of the content provided. The use of the content of the website is at the user's own risk. Contributions marked by name reflect the opinion of the respective author and not always the opinion of the provider. The mere use of the provider's website does not create any contractual relationship between the user and the provider. The continuous availability of this website is not guaranteed.

8) Referral link
By concluding the contract, the client agrees to let the contractor integrate a referral link into the legal notice. If the client explicitly does not want this, the contractor will charge a flat rate of 500 CHF.

9) Force majeure
If timely fulfillment by contractors, their suppliers or engaged third parties as a result of force majeure such as natural disasters, earthquakes, epidemics, pandemics, volcanic eruptions, avalanches, storms, wars, unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents and reactor damage is made impossible, the contractor is prevented during the period of force majeure and a exempted from the fulfilment of the relevant obligations at an appropriate start-up time after the end of this period. If the force majeure lasts longer than 30 days, the contractor can withdraw from the contract. In this case, the contractor must refund payments already made to the client. Further claims, in particular claims for damages, are excluded.

10) Amendments to the terms and conditions
These general terms and conditions (GTCs) may be amended by the company at any time. The new version comes into force when published on the company's website. In principle, the version of the terms and conditions in force at the time the contract is concluded applies to clients. Unless the client has explicitly agreed to a newer version of the terms and conditions.

11) Copyright and other intellectual property rights
The contractor transfers all copyrights & other intellectual property rights to the website to the client in exclusive form. The client acquires the copyright exploitation rights & other intellectual property rights under the condition that he has paid the contractually owed remuneration in full to the contractor. Until full payment of the contractually owed remuneration by the client, all exploitation rights remain with the contractor.

12) Property rights
Until full payment has been made, all work remains the property of the contractor. After full payment, all property rights are transferred to the client.

13) Additional work & subsequent services
Work that does not fall within the remit of the contractor or does not fall within the contractually agreed scope of services may be rejected by contractors or charged to the client at an hourly rate of 150 CHF in accordance with the hourly costs incurred. Examples of such a paid service include the restoration of a homepage administered and undesirably modified by the client or support for using the CMS.

If the client wishes to integrate additional functions, plugins or other elements on the website, the client is obliged to pay the agreed price for the integration and the additional recurring costs for maintaining the software. Any refund of unused additional services is excluded.

14) Kündigung & Rückerstattung
Kündigungen von Verträgen mit der Beyondweb GmbH müssen schriftlich entweder per E-Mail an hello@beyondweb.ch oder per Post an Beyondweb GmbH, Suurstoffi 16, 6343 Rotkreuz erfolgen. Die Beyondweb GmbH behält sich das Recht vor, bei einer Kündigung vor Abschluss des Leistungsumfangs noch nicht erbrachte Leistungen vollumfänglich in Rechnung zu stellen. Für bereits bezahlte Leistungen besteht kein Anspruch auf Rückerstattung.

14) Salvatory clause
Should any provision of this contract or an addition to this contract be or become invalid, this shall not affect the validity of the rest of the contract. The contracting parties will replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any gaps in the contract.