Terms & Conditions

1. Scope

These General Terms and Conditions (hereinafter "GTC") apply to all contracts, services and products of Swissware IT GmbH (hereinafter "Swissware IT GmbH" or "Contractor") and its customers (hereinafter "Customer"). Deviating agreements require written form. By using services or accepting a quote, the Customer fully accepts these GTC.

2. Services of Swissware IT GmbH

Swissware IT GmbH provides IT services, in particular the development of websites and software, IT consulting as well as the hosting and operation of IT infrastructures (incl. email services). The exact scope of services is determined by the respective quote, order confirmation, or service description of the selected product. Swissware IT GmbH is entitled to engage third parties (e.g., subcontractors or freelancers) to fulfill the contract.

3. Contract Duration and Termination (Hosting & Ongoing Services)

3.1 Unless otherwise agreed, contracts for ongoing services (such as web hosting, email hosting, maintenance, domains) are concluded for a period of one (1) year and invoiced in advance.

3.2 The notice period for these services is three (3) months prior to the end of the respective contract term.

3.3 If no timely notice of termination is given, the contract is automatically renewed for another year. Termination must be in written form (email is sufficient).

4. Payment Terms and Default

4.1 Invoices from Swissware IT GmbH are due for payment net within 30 days of the invoice date, unless otherwise noted on the invoice.

4.2 If payment is not made on time, the Customer falls into default without further reminder. Swissware IT GmbH will send a free payment reminder after the payment deadline has passed.

4.3 From the first (1st) reminder, a handling fee of CHF 20.– will be charged.

4.4 If payment remains outstanding after the first reminder, Swissware IT GmbH is entitled, from the second (2nd) reminder onwards, to block or suspend all services for the Customer (incl. website and email hosting) without further notice until the outstanding amounts are fully settled. The Customer has no right to claim damages for outages during this suspension.

5. Customer's Obligations to Cooperate and Content

5.1 The Customer is obliged to provide Swissware IT GmbH with all information and data necessary for the fulfillment of the contract in a timely manner.

5.2 The Customer is solely responsible for all content (texts, images, data) that they store, publish, or submit for processing on systems provided by Swissware IT GmbH.

5.3 The Customer guarantees that their content does not infringe any third-party rights (in particular copyrights) and does not violate any applicable laws. Likewise, the Customer is solely responsible for complying with data protection requirements (e.g., the presence of an imprint and privacy policy). Swissware IT GmbH generally informs the Customer of these obligations but does not undertake any legal review. The Customer shall indemnify Swissware IT GmbH in full against all third-party claims.

6. Acceptance of Projects (Websites & Software) and Warranty

6.1 Upon completion of project work (e.g., completion of a website or software), Swissware IT GmbH delivers the work to the Customer for review.

6.2 The Customer must review the work within 10 days of delivery and report any defects (deviations from the quote or specification) in writing. If the Customer does not report any defects within this period or uses the system productively, the work is deemed accepted without defects.

6.3 Defects reported within the deadline will be remedied by Swissware IT GmbH free of charge as part of the correction process.

6.4 Defects, requests for adjustments or support inquiries arising after acceptance that are not attributable to deliberate concealment at the time of delivery are subject to a fee and will be billed on a time-and-effort basis, unless a separate maintenance contract has been agreed.

7. Intellectual Property and Rights of Use

7.1 All copyrights to works created by Swissware IT GmbH (software code, web designs, scripts, Elementor components) remain in principle with Swissware IT GmbH.

7.2 Upon full payment of the project costs, the Customer receives a non-exclusive right of use, unlimited in time and territory, for the works created for the agreed own use. Swissware IT GmbH expressly reserves the right to reuse developed code components, designs, or software components for other customers or projects.

7.3 The transfer of exclusive rights of use or full ownership of the source code to the Customer requires an explicit, written supplementary agreement.

8. Hosting, Availability, Data Backup and Updates

8.1 Swissware IT GmbH strives for high availability of the hosted systems (web and email) but cannot guarantee 100% uptime. Brief interruptions for maintenance work are reserved.

8.2 Swissware IT GmbH performs backups (system backups) at irregular intervals as part of normal system operations. These serve exclusively for internal system restoration in the event of server failures.

8.3 Swissware IT GmbH provides no guarantee to the Customer for the complete backup and restoration of their specific data (e.g., deleted emails or website content). The Customer is responsible for backing up their own data. Restoring data from system backups at the Customer's request is performed without warranty and billed on a time-and-effort basis.

8.4 Updates and Maintenance: If automated updates (e.g., for CMS systems and plugins) are included in the hosting package, Swissware IT GmbH carries these out to the best of its knowledge. However, Swissware IT GmbH is not liable for malfunctions, data loss, or incompatibilities arising from updates to third-party software (e.g., WordPress, Elementor). The effort required to manually rectify such errors after updates is not included in the standard packages and will be billed on a time-and-effort basis.

9. Liability

9.1 Swissware IT GmbH is only liable to the Customer for damages caused by unlawful intent or gross negligence. Liability for slight negligence is expressly excluded to the extent permitted by law (Art. 100 CO).

9.2 Liability for indirect and consequential damages, in particular lost profits, reputational damages, data loss, production downtime, or business interruptions at the Customer's premises, is fully excluded.

9.3 To the extent permitted by law, the total liability of Swissware IT GmbH arising from or in connection with a contract is limited to the contract value paid by the Customer in the relevant contract year (for ongoing obligations: the annual recurring fee).

10. Confidentiality and Data Protection

10.1 Both parties undertake to keep all confidential information obtained about each other during the course of the cooperation strictly confidential and not to disclose it to unauthorized third parties.

10.2 Swissware IT GmbH processes personal data in accordance with the provisions of the Swiss Data Protection Act (DSG). Further details are governed by the separate privacy policy of Swissware IT GmbH.

11. Changes to GTC and Prices

Swissware IT GmbH reserves the right to adjust prices, services, and these GTC at any time. Customers will be informed of changes in a timely manner. If a Customer does not agree to a material change affecting them, they have the right to terminate the contract extraordinarily as of the date the change takes effect. Without termination, the changes are deemed accepted.

12. Final Provisions and Jurisdiction

12.1 Should individual provisions of these GTC be invalid or incomplete, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a legally permissible provision that comes closest to the economic purpose of the original provision.

12.2 Swiss law exclusively governs all legal relationships between Swissware IT GmbH and the Customer.

12.3 The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC and the contracts based thereon is the registered office of Swissware IT GmbH (Bollackerweg 26, 5024 Küttigen).