These General Terms and Conditions (GTC) govern the contractual relationship between BornDesign GmbH and its customers and apply to the entire business area.
Your satisfaction is our main concern. These GTC form the basis of a fair, transparent contractual relationship.
The contractual relationship comes into effect through acceptance of the order or commissioning by BornDesign GmbH. The order can be placed verbally, by e-mail, online form, a digital signature or signed document, or by using the services. By ordering and using our products and services, you accept the GTC in their current version. The earliest date of the aforementioned events shall be deemed the start of the contract. Individual agreements take precedence in case of doubt, provided they have been confirmed in writing.
We reserve the right to reject orders without giving reasons.
Deviations from these GTC are only effective if they have been confirmed in writing by both parties. All provisions remain unaffected.
The initial consultation and information meeting is non-binding and free of charge for you.
Offers are free of charge and are valid for 30 days from the date of issue, unless otherwise agreed in writing.
An offer becomes binding upon acceptance (e.g. signature, confirmation by e-mail or use of services). Unless expressly stated otherwise, all prices in the offers are exclusive of statutory value added tax of 8.1% and are considered a cost ceiling, meaning that no additional fees will be incurred. Additional requirements that are not included in the offer will be charged separately and according to effort after consultation. We will inform you in advance of any additional costs that may be incurred. We reserve the right to change prices due to changed circumstances.
The entire invoice amount is due after completion. We expressly reserve the right to request advance payments and credit reports.
Unless other deadlines have been agreed, a payment term of 10 days net from the invoice date applies to customers with invoices that have always been paid on time. We expressly reserve the right to demand advance payments.
Objections must be made in writing and with reasons within 5 days of the invoice date. If no complaint is received within the deadline, the invoice is deemed approved.
If an invoice is not paid on time, you will be in default without a reminder. A reminder will be sent after the payment deadline has expired. The offsetting of claims is excluded. In the event of further default, we reserve the right to suspend the provision of our services until full payment has been received. Reactivation will then only take place after full payment has been received, plus a processing fee of CHF 100.-.
A reminder fee of CHF 25.00 is owed for each reminder to cover the administrative costs required in each case. Outstanding debts may be handed over to third parties for collection.
You undertake to actively cooperate and adhere to agreed deadlines. Unless otherwise agreed, a maximum project duration of 5 months applies to orders up to CHF 10,000.00, and 8 months for orders exceeding this amount. After this period, the services must be invoiced at the latest. We reserve the right to charge a surcharge of 20% for the additional work involved for each additional month in the event of a lack of communication.
You are responsible for the legal admissibility of the content, domains and materials supplied and guarantee that the rights of third parties are not infringed.
Delivered services must be checked immediately. Complaints must be made in writing within 30 days at the latest. Later complaints can no longer be considered.
There is no claim to a specific positioning in search engines. Measures can favor success, but a guarantee is not assumed.
The installation of domain names and servers is included in the basic price, provided that the hosting provided by you has the necessary specifications for our products and services. It is your responsibility to clarify in advance whether the hosting is compatible with our products and services. Additional work due to unsuitable infrastructure will be charged according to effort.
Services outside the agreed scope (e.g. restorations or support) will be charged according to effort at the agreed rates.
The use of the services, products and software is at your own risk. We do not assume any liability for any damages. BornDesign GmbH assumes no guarantee for continuous service and for the transmitted data. Furthermore, we are not responsible for the data backup of the files stored on the server.
You are solely liable for all accounts, servers and printed materials used by you and the associated content, links and actions. The same applies to manuscripts, data carriers and templates handed over to us, which are treated by us with the usual care, but must be secured or insured by yourself.
BornDesign GmbH accepts no liability for delays, interruptions of operations, failures of individual services, data insecurity or loss. We are not liable in cases of force majeure.
You undertake to provide us with current and correct contact details and to notify us of any changes within 10 days. Costs arising from incorrect information may be passed on to you.
Personal data is processed in accordance with the Swiss Data Protection Act (DSG) and the EU GDPR. Further details can be found in our privacy policy. You have the right to information, correction or deletion of your data, provided that there are no legal storage obligations to the contrary.
We may use and link your order as a reference. You can object to this use at any time in writing.
In the event of serious or repeated breaches of duty, we reserve the right to terminate the contract without notice. Outstanding debts remain.
We are entitled to send all notifications to you by e-mail, including, but not limited to, announcements of product innovations or technical maintenance work, invoices, payment reminders, setup or cancellation confirmations, lost access data, etc. If we have a contact address that is no longer valid since your order, we are entitled to additional queries of entries (administration interface provided by BornDesign GmbH, public WHOIS database for domain names or similar), with which the contact address can be clearly assigned as authorized.
If the contract is terminated prematurely at the request of the customer, BornDesign GmbH may demand a lump-sum compensation: up to the start of the project 50% of the order value, in the first month 75%, thereafter 100%.
Swiss law applies exclusively. The place of jurisdiction is Zug.
