General Terms and Conditions (GTC) of the Contractor
1. general conditions for website and PWA creation
(1) The Website/PWA is created on the basis of the Worldsoft programs. The
Scope of the Website/PWA and the service description are in the order
(2) Requirements for the creation are a Worldsoft Hosting package and possibly a
Internet address (domain) at Worldsoft AG, Churerstrasse 158, 8808
Pfäffikon SZ, Switzerland. The contractor orders on behalf of the client
the desired hosting package at Worldsoft. Scope of services and
services are not part of the services provided by Worldsoft.
services of the contractor.
(3) If a Website/PWA already exists on the domain of the Customer,
the creation takes place on an internal internet address at Worldsoft, so that you can
no interruption occurs. The new website/PWA will be updated after completion to the
existing Internet address. This is done by the
Carrying out a provider change from the previous provider to Worldsoft.
After the switch, the old contents and e-mails are stored in the mail accounts at the
previous provider can no longer be reached under this domain.
(4) The Contractor shall optimize the Website/PWA for the following Internet browsers:
Firefox and Google Chrome. The guarantee of optimization to these Internet browsers
Browser extends to the current versions of the respective browsers for the
Date of completion of the website.
(5) After the Contractor has received the information on the
basic concept, he develops a basic version of an
usable Website/PWA. The basic version shows the structure,
and contains the essential design features (design) and the
necessary basic functionality. After the client has created the basic version
and the Contractor has received from the Client the material for the
the desired content of the Website/PWA, he begins with the production of the
of the final version.
2. general conditions for graphic design
(1) The scope of the graphic design work and the service description are described in the
(2) The Contractor shall be entitled to subcontract the processing of individual
or all agreed services.
(3) The Contractor shall develop a new service plan in accordance with the Client's specifications.
Sketch/Draft. After the client agrees with the design
and the contractor is to select the material for the required
content, he starts implementing the final version. The final version
the client receives from the contractor as a print-optimized file in digital format.
3. obligations of the client to cooperate
(1) The Customer shall provide the Contractor with the contents to be integrated for the purpose of
order. In particular, this includes all texts and images to be integrated,
Graphics, logos and tables. Support by the contractor in the case of
the textual content or the research of images can be agreed.
The client is responsible for the contents or the purchase of pictures.
(2) The Customer shall provide the Contractor with the texts and images to be integrated.
image files in the following form:
a) Texts in digital form in a common file format (.txt).
b) Images in digital form in file format as .jpg, .gif, .png, .psd. Or in
printed form (or photo prints) in a quality that is suitable for digitization.
4. acceptance of the work
(1) The Contractor shall inform the Customer of the completion of the
basic version/draft sketch. Acceptance of the basic version/draft sketch
is carried out automatically after 10 days, if the client has not received any
(2) After completion of the final version, the contractor shall show the
client. The acceptance of the final version takes place automatically after 10 days,
if during this time no .change requests of the client are indicated
will be. .change requests are carried out by the contractor free of charge,
provided that they meet the agreed requirements. For amendments which are no longer covered by the flat-rate allowance.
the parties agree to handle them in accordance with Section 7.2. The
Acceptance of the final version after change takes place automatically after 10 days.
(3) During the completion phase, the Contractor shall be entitled to
The client shall submit individual components of the website for partial acceptance. The
The customer shall be obliged to accept part of the order, provided that the relevant
components meet the contractual requirements.
5. rights of use
(1) The contractor shall grant the client the exclusive, spatially and
the right to use the advertising material created.
The prerequisite for the use of the Website/PWA on the Internet is the
Worldsoft service as described in point 1.2. The granting of the
right of use shall not become effective until the client has fulfilled the obligations set forth in point 7
of this contract to the contractor in full and in full.
for the money he paid.
2. References to the following shall be made in appropriate places on the Website/PWA
copyright of the contractor.
6. conditions with ongoing support
(1) The Customer may agree with the Contractor to provide ongoing support for
agree. Service description and price are defined in the order.
(2) If the customer is in default of payment despite a reminder and a time limit, the
the Contractor shall be entitled to suspend the performance of its obligations until the
the outstanding amount. The contractor is also entitled to suspend the
to terminate ongoing support without notice. The client
remains obliged to pay the agreed amount in this case.
(1) The customer undertakes to pay the agreed flat-rate remuneration in accordance with the
agreed terms of payment. The lump-sum payment shall include the following
services defined in this order.
(2) For additional expenses which go beyond this order, the parties agree to the following
parties are charged at the current hourly rate. The parties will
in such a case, agree on whether and to what extent the
contractor is to provide these additional services.
(3) The customer shall be obliged to pay any additional costs in accordance with the current
hourly fee, which results from the fact that the client has to pay his own
has not fulfilled any of the obligations set out in point 3.
(4) The Contractor shall be entitled to make reasonable and timely payment to the Principal
to invoice installment payments at intervals if services are to be rendered in accordance with
Points 7.2 and 7.3 are provided. The amount of the advance payments shall be determined by
the services already rendered in each case. The progress payments
are due for payment within ten working days.
8. warranty and liability
(1) The Contractor shall be liable for defects in accordance with the statutory provisions.
regulations. For contents, which the client makes available, the
Contractor not responsible. In particular, the contractor is not responsible for
is obliged to check the contents for possible violations of the law. This
also applies to information and instructions provided by the customer, such as
e.g. texts for e-mails and selected search terms for search engines. Should
third parties may claim against the Contractor for such possible infringements of the law
the customer undertakes to indemnify the contractor against any and all liability
liability and to reimburse the contractor for the costs incurred by him in connection with the
because of the possible violation of rights.
(2) The contractor shall not be liable for lack of economic success,
in particular the website, the website marketing and Internet marketing
(3) In the event of slight negligence, the Contractor shall only be liable in the event of infringement of
obligations essential to the contract (cardinal obligations) as well as in the case of personal injury.
and in accordance with the Product Liability Act. In all other respects the
pre-contractual, contractual and extra-contractual liability of the
contractor is limited to wilful intent and gross negligence, whereby the contractor shall
liability limit shall also apply in the event of the fault of a vicarious agent.
(4) The period for the limitation of warranty obligations of the Contractor shall be
is one year.
(1) The customer may terminate this contract for good cause,
in particular if the contractor has fulfilled his obligations arising from the
Order sustainably violated.
(2) The Contractor shall be entitled to terminate the contract in particular if the
the client to fulfil his obligations according to point 3 of this contract in a sustainable manner.
or the customer fails to pay due amounts despite a reminder and the setting of a deadline.
I don't settle my bills.
(3) In the event of a termination of this contract, the project will be terminated at the respective
Actual state finished, even if it could not be completed. The
Contractor shall not be obliged to repay any remuneration already received.
obligated. The customer is obligated to pay not yet paid but already
to pay for services rendered.
10. final provisions
(1) No ancillary agreements have been made between the parties. All
Additions or supplements to these terms and conditions or Corresponding
Contracts must be in writing to be effective.
(2) Should any provision of the contract be wholly or partially invalid or
the validity of the contract or of the general terms and conditions of business shall be extended.
not touched, by the way. In the place of the ineffective
Condition enters such a condition, which the purpose of this provision in juridically
the most effective way. This shall apply mutatis mutandis in the event that
there is a loophole.
(3) To the extent permissible, the parties agree on the place of jurisdiction at the registered office of the contractor.
Translated with Deepl