General Terms and Conditions (GTC)

Expenses, if necessary and agreed upon, are billed separately.

The contractually agreed prices apply. Where no explicit prices are set, primarily the prices on the most recent price list of Digital Passion GmbH or secondarily an hourly rate of CHF 250.00 apply. All prices are in Swiss Francs, plus VAT. Any discounts are valid only with timely payment. Subscription prices are due in advance and generally billed annually. Digital Passion GmbH reserves the right to adjust prices based on new circumstances. Such changes apply to ongoing contracts only upon their renewal, whether advantageous or disadvantageous to the customers. Refunds of prepaid costs are excluded in such cases or upon early contract termination at the buyer’s request.

Unless otherwise agreed, existing customers with consistently timely payments have 14 days net from the invoice date. New customers have 7 days from the invoice date. Digital Passion GmbH reserves the right to request advance payments. Upon contract renewal, the subsequent period is generally billed immediately.

If the customer does not pay on time, they are in default without a reminder. Offsetting claims by the customers is excluded. If the customer has neither paid the invoice nor raised written and justified objections by the due date, Digital Passion GmbH may interrupt all services without further notice and/or terminate the contract without notice or compensation.

If required, Digital Passion GmbH can purchase appropriate image material from third parties at the customer’s request and expense. These images must not be passed on to third parties. The same applies to fonts and other rights-protected assets.

Digital Passion GmbH is responsible for providing services according to the offer description claimed by the customers. Digital Passion GmbH is free in all aspects of the environment necessary for these services, such as involving domestic and foreign companies or third parties. Changes here are at the discretion of Digital Passion GmbH.

Digital Passion GmbH may keep and use a reasonable number of samples (usually 10 pieces) of printed materials as proof of performance and publish them. Unprinted materials, such as website screenshots and general project data, may also be published as references. Additionally, Digital Passion GmbH may place a link to its website and a reciprocal link on all customer internet sites and profiles. Customer logos may be published as references on www.digitalpassion.ch. Upon express written customer request, reference naming and linking may be omitted.

The copyrights and related rights to all works created by Digital Passion GmbH generally belong to Digital Passion GmbH. Digital Passion GmbH may dispose of these rights according to federal law provisions.

Until full payment, all movable services remain the property of Digital Passion GmbH.

Digital Passion GmbH reserves the right to adjust the GTC, other contract components according to section 1.4, or an offer or its components to changing conditions at any time without notice. Unless otherwise announced, such changes take immediate effect. Refer to section 4.9 for details.

Digital Passion GmbH is entitled to immediately block or remove the respective profile (accounts), server, service, content, program, etc., in case of non-compliance with a customer obligation according to section 4, whether intentional, unintentional, or due to third parties. The customer can, if necessary, be released from the respective sanction by remedying the deficiency. For serious or repeated violations, Digital Passion GmbH reserves the right to immediate and compensation-free contract termination and legal action against the buyers.

Digital Passion GmbH may send all communications via email to the customer, including but not limited to announcements of product renewals or technical maintenance, invoices, payment reminders, setup or termination confirmations, lost access data, etc. If Digital Passion GmbH has a contact address that is no longer valid since the customer’s order, it is entitled to additional inquiries from entries (via Digital Passion GmbH’s dashboards, public WHOIS database for domain names, etc.), with which the contact address can be unequivocally authorized.

If the customer wishes early contract termination despite a valid contract and collaboration is no longer possible due to a lack of customer support, Digital Passion GmbH may voluntarily agree to early contract termination for compensation. Digital Passion GmbH can charge the actual effort or, especially for fixed prices without detailed hourly accounting, demand a lump-sum compensation. The lump-sum compensation is 50% of the original order volume before project start, 85% in the first month from project start, and 100% thereafter. Project start refers to any order execution by Digital Passion GmbH.

While Digital Passion GmbH makes every effort to set up fully secure servers and systems, we cannot take responsibility for hacked or virus-infected servers and systems, especially if we provided the client with admin access upon their request.

The customer is obligated to assist and adhere to set tasks and deadlines, enabling Digital Passion GmbH to provide the desired services optimally.

The customer is solely responsible for the legal admissibility of the domain name and the content of their websites and printed materials, as well as the data and information provided by them (design work, texts, electronic data, image files, etc.), including search terms, and for protecting third-party rights, especially in terms of criminal law, data protection law, copyright law, and competition law.

The customer must check all documents for completeness or errors of any kind and return them promptly with any corrections/notes. By confirming, even tacitly, i.e., without objection, the customer approves printed materials, postings, or other service information and ideas, agreeing with the idea or template or implementation.

The services and products provided by Digital Passion GmbH must be checked by the customer upon publication immediately. If the customer desires flawless productions and services, high-quality and thus more expensive procedures with certain guarantees should be chosen. For video productions and photoshoots as well as image editing, especially customer-provided material, minor deviations from the idea or template cannot be objected to. Revisions at the customer’s request are associated with corresponding costs. Complaints must be made immediately, no later than within 7 days, in writing.

Delivery dates are generally non-binding. Stated dates correspond to the temporary planning status. In case of non-compliance, an appropriate grace period must be set for Digital Passion GmbH. Digital Passion GmbH assumes no responsibility for any delays, especially if caused by customer-requested changes. In relation to the consumer, Digital Passion GmbH is liable according to Swiss law but not for immaterial damages or loss of income. Digital Passion GmbH is not liable in cases of force majeure.

Digital Passion GmbH does not guarantee the success of the services and measures provided. The ranking (position) of a website in search engines depends on dozens of factors beyond Digital Passion GmbH’s control, so its services alone may not lead to success.

Digital Passion GmbH also provides web services based on new and common technologies. There may be different displays. No compatibility is guaranteed for technology with a market share in Switzerland of less than 10% and outdated operating systems and browsers. Smartphones (mobile devices) and tablets usually have small screens with varying sizes and resolutions. Therefore, the display of websites is aligned with a common standard width without other agreements.

Unless otherwise instructed, Digital Passion GmbH sets up domain names and servers with the default settings for a new web presence by Digital Passion GmbH, with the customer having no accessto server administration and configuration. Installation on third-party web servers is not included in the standard price as these servers may not meet the necessary specifications. The Digital Passion GmbH email service can be used as web access via a browser with the existing user interface or via integrations for Outlook, smartphones, or other programs and devices. A transfer of ongoing hosting, an email account, or other services related to domain names and hosting must be explicitly requested by the customer.

The customer has the right to immediate termination with entitlement to a pro-rata refund of prepaid costs for the remaining contract duration if a change according to section 3.6 results in a disadvantage that would have prevented them from entering the contract at the time of order, which the customer must credibly demonstrate.

The customer is obligated to pay the costs throughout the contract duration according to section 2. In case of payment default, a reminder fee of CHF 25.00 per reminder and a default interest of 15% of the outstanding amount from the invoice date will be charged. Reminders are sent every 10 days before further steps are taken. Digital Passion GmbH reserves the right to hand over the matter to a third party for collection. In case of repeated payment default and unsuccessful reminders or in the case of new customers, Digital Passion GmbH is entitled to block access or interrupt services. Reconnection is only possible after full payment, plus a handling fee of CHF 250.00.

Work outside the scope of Digital Passion GmbH’s service catalog may be declined or charged to the customer based on the actual effort. Examples of such chargeable services, usually at the regular hourly rate, include service extensions, restoring customer-made changes, and email support for external systems and interfaces, as well as installations and adjustments on third-party web servers or profiles. The pure handling fee for domain transactions is at least CHF 20.00 per transaction.

The customer generally has the agreed usage rights. Especially for photo shoots or websites, a certain number of selected photos including image editing or preparation for a specific purpose is customary. Extended usage rights can be purchased for a small surcharge, with additional image edits billed separately. Delivering raw data is not intended and will be billed additionally if necessary.

For services or products with limits (traffic, number of pages, number of profiles, etc.), the customer will be charged for additional volume at the newly agreed price if they exceed the respective limit.

The customer is obligated to use the offered services properly according to section 1.4. The customer’s right to use the services is non-transferable and exists only for the customer or their company and staff. For transferring certain usage rights, the customer is responsible for informing the respective third parties and is generally liable for them.

The customer is solely responsible for all content, actions, and links related to the accounts, servers, website, images, and videos they use. The same applies to manuscripts, data carriers, and templates provided to Digital Passion GmbH, which are handled with customary care by Digital Passion GmbH but must be secured or insured by the customer. Except for intentional and gross negligence by Digital Passion GmbH, where the claim is limited to the immediate damage and the value of the claimed services, and any granted service guarantees, the customer waives all types of liability claims against Digital Passion GmbH for delays, operational disruptions, service outages, data uncertainties or losses, etc., including but not limited to claims for damages. Digital Passion GmbH is not liable in cases of force majeure.

By ordering and/or registering, the customer commits to providing truthful and complete information. This includes, if available, company name, contact person, postal address, phone number, and email address. To avoid difficulties in contact and delays, the customer must notify Digital Passion GmbH of significant changes within 10 days. If the contact details are incomplete, incorrect, or not current, and the customer’s identity can only be determined with disproportionate effort, or if messages to the customer are undeliverable, Digital Passion GmbH is entitled to cease providing its services or to extraordinarily terminate the contract without notice and compensation. Digital Passion GmbH is entitled to charge any costs incurred due to outdated, incomplete, or incorrect contact details to the customer, with a minimum fee of CHF 25.00.

The customer is responsible for maintaining the confidentiality of their website or social media profiles and the associated passwords. Additionally, they are responsible for all actions resulting from this, such as granting visitors access to their website or sharing the password, and are liable for all consequences of using or misusing their website or password. The customer agrees that data about them may be stored and transmitted to third parties as necessary. This applies especially to the reporting of data required for domain name registration, where this data may subsequently be published.

The MyLoma SEO Tool is billed annually. Annual subscriptions are concluded for a period of one year. If the customer does not terminate at least 30 days before the end of the annual period, the subscription is automatically renewed for another year. The annual subscription is billed annually in advance.