General terms and conditions of business

General regulations

Scope and validity

1. These General Terms and Conditions (GTC) govern the conclusion, content and execution of contracts between customers (hereinafter referred to as "customers") and Amplus Web GmbH, 8047 Zurich (hereinafter referred to as "company").
2. These terms and conditions are an integral part of all offers and contracts between the customer and the company. Any side agreements, amendments, or additions to these terms and conditions are only valid with written confirmation.

Contract conclusion and prices

1. The contract can be concluded orally (e.g. by telephone), in writing or via electronic media (e.g. by email, etc.).
2. If subsequent order/contract changes result in additional costs for the company, these will be borne by the customer according to the company's then-current rates.
3. All prices in all offers and contracts between the customer and the company are net prices ex works (company headquarters) and in Swiss currency.
4. The remuneration for services rendered is determined based on individual agreements between the contractor and the client. The minimum rate is CHF 150 per hour. The exact hourly rate depends on the type, scope, and complexity of the service and will be specified in writing in the respective offer or contract. Unless otherwise agreed, all hourly rates quoted are net rates, plus applicable VAT. Additional costs, such as travel expenses, out-of-pocket expenses, or material costs, will be billed separately.

Payment terms

1. Invoices from the company for services and deliveries arising from all contractual relationships are payable net within 10 days of the invoice date, without any discount.
2. After the payment deadline has passed, a payment reminder will automatically be sent by email. If the invoice is still not paid after this reminder, the following will happen:
   • A first reminder will be sent after 30 days at no additional cost.
   • After 60 days, another reminder will be sent with a reminder fee of 30 CHF.
     Should the customer fail to propose a payment plan or settle the claim within 120 days of invoicing, the company reserves the right to initiate debt collection proceedings.
3. Until full payment of the purchase price, products and related services remain the property of the company and may not be pledged or assigned as security. The company may register the retention of title. The customer is obligated to support all measures to protect the company's ownership. Furthermore, the company is entitled to temporarily deactivate results of services rendered – such as access to websites, software, or digital content – until payment is received.
4. The company is entitled, at its own discretion, to demand advance payments or other forms of security.

Service provision

Delivery and acceptance of websites

1. The delivery time for the website will be agreed upon individually in the respective contract. Delays due to force majeure or circumstances beyond the contractor's control entitle the contractor to extend the delivery period.
2. After completion and handover of the website, the customer is obliged to immediately test the delivered website for functionality and defects.
3. Defects or errors discovered during acceptance or within 30 days of delivery must be reported to the contractor in writing via email. Errors resulting from faulty implementation of the agreed-upon functions will be corrected by the contractor free of charge. The contractor is entitled to remedy defects at its own discretion by repair or replacement.
4. Changes to content, structure, or functionality that are not considered errors or that are subsequently requested by the customer are not covered by the free correction service. These changes can be agreed upon separately and will be billed accordingly.
5. If no notice of defects is given within 30 days of delivery, the website is considered accepted and delivered in accordance with the contract.

Final Provisions

Confidentiality

1. The contracting parties shall treat confidentially all facts that are neither obvious nor generally accessible.
2. This obligation of confidentiality exists both before the conclusion of the contract and after the termination of the contractual relationship.

Data protection

1. The company processes personal data in accordance with applicable data protection laws. Detailed information on the processing of personal data, the purposes of data processing, and the rights of data subjects can be found in the privacy policy, which is available on the company's website.

Liability for damages

1. No liability is assumed for damages caused by improper interventions by the customer or third parties, in particular through the use of software programs or similar media. The company is only liable for damages caused by employees if intent can be proven on the part of the employee in question.
2. The company is liable for damages caused by its employees only in cases of intentional or grossly negligent conduct. Liability for slight negligence is excluded.
3. Liability for consequential damages, such as lost profits, damages due to business interruption, data loss or claims by third parties, is excluded unless these were caused by gross negligence or intent on the part of the company.
4. Any liability for damages on the part of the company is limited to the amount of the contractually agreed fee for the respective order. If an order is divided into sub-orders, the maximum liability is limited to the company's fee for each sub-order.

Place of performance, applicable law and jurisdiction

1. The place of performance is the company's registered office. The legal relationship is governed by Swiss law.
2. Any differences will be settled amicably whenever possible. If an amicable agreement cannot be reached, the ordinary courts will decide.
3. For disputes with business customers (B2B), the place of jurisdiction is Zurich. For contracts with private customers (B2C), the legally prescribed place of jurisdiction applies.