General Terms and Conditions

1. Application and Scope

The following general terms and conditions (“GTC”) govern the contractual relationships between Webtrics –Zürcher and its clients. They are an integral part of all orders of Webtrics. Contract takeover as of January 1, 2026: All contractual relationships concluded up to December 31, 2025 with the companies Webtrics GmbH, Webtrics Services GmbH or Webtrics Hosting GmbH will be taken over and continued as of January 1, 2026 with all rights and obligations by the sole proprietorship Webtrics – Zürcher.

2. Scope

Webtrics provides all services exclusively on the basis of these GTC. Provisions deviating from the GTC are only effective if they are confirmed in writing by Webtrics.

3. Acceptance of Orders

Webtrics reserves the right to reject an order placed without stating reasons.

4. New Clients

New clients receive a first free consultation. This initial consultation is non-binding for both contracting parties.

5. Quotations

Webtrics prepares a binding quotation based on the client's information. If quotations are made on the basis of inaccurate information, templates or incomplete manuscripts of the client, they have only the character of a guide price. Additional services that go beyond the quoted scope are invoiced at an hourly rate of CHF 160.

All quoted prices are gross prices. For quotations without a time limit, the price commitment expires after 30 days.

6. Placing of Orders

The client's placing of an order relates, on the one hand, to a quotation from Webtrics and is binding. On the other hand, an order can also be placed by email or telephone. The order is placed either by written or verbal communication to Webtrics or by signing the order confirmation.

7. Scope of Work

If Webtrics is commissioned with the realization of a design for a logo, a web page, an e-commerce solution or an interface, the client is requested to define ideas and wishes precisely. That is, Webtrics offers the client, on the one hand, the possibility of commissioning a graphic designer with the preparation of the design. If the design created by the graphic designer corresponds to the client's ideas, the client is obliged to confirm this design in writing so that the realization can take place. All expenses relating to the graphic designer's work are borne by the client and are invoiced according to effort.

However, the client has the possibility to forgo the design of a graphic designer and to communicate binding framework conditions to Webtrics for the creation of a design. This includes colors, shapes, fonts, font sizes, spacing, etc. Based on these specifications, Webtrics creates an example that must be confirmed in writing by the client. On the created example, a maximum of 4 working hours for corrections can be considered as included in the quotation. All working hours beyond this are invoiced separately.

8. Delivery Deadlines

Firmly assured delivery deadlines only apply if the required documents and information from the client (templates, manuscripts, data carriers,“approval for publication”, etc.) reach Webtrics as agreed and on time. Exceeding the delivery date or non-compliance with the delivery deadline for which Webtrics is not at fault (e.g. operational disruptions, power outage, missing documents from the client, change or extension of the order, late “approval for publication”, force majeure, etc.) does not entitle the client to withdraw from the contract or to hold Webtrics liable for damages incurred.

9. Payment Terms

Webtrics is entitled to invoice 50% of the agreed price of a newly to be realized web solution as an advance payment. In justified cases, Webtrics can demand the entire price as an advance payment. Unless otherwise agreed, payment of the invoice amount by the client takes place within 10 days of invoicing and without any deduction. As soon as the work has been completed by Webtrics, the remaining 50% of the agreed price is due within 10 days. This can be the case either through technical completion without handover or publication, or through the handover or publication itself. If, during the project, additional costs are generated at the client's expense due to additional work not covered by the quotation, these will be invoiced separately.

In the event of default of payment or incomplete payments by the client, Webtrics has the right to reclaim or retain its work and to prohibit its use by the client and by third parties until full payment of the invoice, or to suspend the use of the work until full payment. Any liability for resulting financial damages of the client as well as of third parties is excluded. In the event of non-compliance with the payment deadlines, Webtrics will, in connection with debt enforcement proceedings, assert an appropriate compensation for expenses in the amount of CHF 500 in addition to the statutory default interest. Any fees for address inquiries or debt enforcement advances will be added to the total claim.

Recurring services such as hosting, licenses, SSL certificates, CDN and/or domain fees are invoiced as of December 31 for the following year (January 1 – December 31) and exclusively annually. The published prices and offers according to our web page apply.

10. Subsequent Changes

Subsequent redesigns, text changes, image rearrangements, changes to the line breaks, etc. are not included in the quoted prices. These, as well as all other work that is billed according to the time spent, are carried out at the hourly rate of CHF 160. Billing takes place per started 15 minutes.

11. Complaints

The work delivered by Webtrics is to be checked upon receipt. Any complaints must be made in writing within five working days of receipt, otherwise the delivery is deemed accepted. Webtrics guarantees that the color, form and content of the work correspond to the draft provided by the client in writing with “approval for publication”. If the client forgoes a written “approval for publication”, all warranty rights as well as any liability for deviations between the work and the draft are excluded.

Webtrics provides a warranty for functionality at the time of acceptance. A guarantee for the permanent compatibility of the software with constantly changing third-party systems (browser updates, CMS updates, server configurations of third-party providers) is not assumed. The warranty period is 3 months, unless otherwise agreed in writing.

12. Copyright and Usage Rights

12.1

The client is solely responsible for the authorizations (copyrights, trademark rights, etc.) to all templates, logos, texts, photos, etc. made available to Webtrics and for their legally compliant content. Webtrics assumes that the client has the corresponding authorizations. In the case of missing authorizations, any liability of Webtrics is excluded.

12.2

Upon handover of a work by Webtrics to a client, the client acquires a usage right. The intellectual property or copyright to all web services created by Webtrics remains with Webtrics. The scope of the client's usage right results from the order confirmation. Any further use is invoiced to the client additionally in accordance with the economic significance of the extension of use.

12.3

Without any other agreement, work results of Webtrics may not be used in any form or passed on to third parties, or the associated rights used, before the agreed official handover.

12.4

Webtrics is entitled to mention activities for its clients, naming them, for its own advertising purposes. It is furthermore entitled to publish and describe the works it has created on its own web portals.

12.5

The link to our website published on all internet pages created by us may not be removed as long as the internet page created by us is published. Should this link nevertheless be removed, we will assert a contractual penalty of CHF 5,000.

13. Unlawful, Immoral or Unethical Content

Webtrics reserves the right, in the case of unlawful, immoral or unethical content of a website connected with its works or servers, to block access, to cancel all contracts with immediate effect and to discontinue the business relationships.

14. Cancellation and Termination

If an order placed is canceled by the client, the accrued costs as well as an appropriate compensation for expenses will be charged. Hosting can be terminated by November 30 with effect from December 31. For search engine optimization services, a notice period of 3 months applies.

15. Retention of Documents

Without a written agreement, Webtrics is not obliged to retain data, data carriers, texts, images, etc. received from the client or created itself.

16. Exclusion of Liability

Any liability of Webtrics – Zürcher for damages resulting from modifications of its works by the client and/or third parties, as well as for damages due to attacks by third parties (hacking, malware), data losses or force majeure, is excluded. To the extent permitted by law, liability for slight and medium negligence as well as for indirect damages and consequential damages (e.g. lost profit, business interruption) is fully excluded. Liability is in any case limited to the amount of the fee invoiced for the respective order.

17. Data Protection

Webtrics attaches great importance to the protection of the data made available to it and undertakes to comply with the statutory provisions on data protection.

18. Choice of Law and Place of Jurisdiction

Contracts between Webtrics and its clients are subject exclusively to Swiss law, to the exclusion of international conventions. For any legal disputes, the courts at the registered office of Webtrics have jurisdiction.

Schwadernau, January 3, 2026