General terms and conditions

1. Scope

These General Terms and Conditions (GTC) apply to all services of Hochmuth Webdesign, sole proprietorship of Joshua Hochmuth, Lucerne (the «Provider»), to its customers (the «Customer»): creation of websites and online shops, hosting and ongoing care.

The offers are aimed at businesses and self-employed people. Conflicting terms of the Customer only apply if the Provider confirms them in writing. In case of contradictions, the contract comes first, then the quote, then these GTC.

2. Quote and conclusion of contract

Quotes are valid for 30 days unless stated otherwise. The contract is concluded when the contract is signed or the quote is accepted in writing; confirmation by e-mail is sufficient.

A free preview before the contract is concluded is non-binding. It creates no obligations for the Customer and no rights to the preview.

3. Services

The scope of services follows from the quote and the chosen package. Two rounds of corrections are included in the package price. Further changes are charged by time at the hourly rate in the price list and announced in advance.

The Provider may use carefully selected third-party services for hosting, database, e-mail and SMS sending, bot protection and payment processing.

4. Customer's cooperation

The Customer supplies the necessary content (services, prices, opening hours, texts, pictures, logo) in good time. The Customer is responsible for having the right to use this content and for its lawfulness, and indemnifies the Provider against third-party claims.

If the Customer does not supply the content within 30 days of being asked, the Provider may complete the project with placeholders and issue the final invoice. Delays caused by missing cooperation are not the Provider's responsibility.

5. Acceptance and launch

The Provider reports completion. The Customer checks the website within 10 days and reports significant defects in writing. If none are reported, or the website goes live, it is deemed accepted.

Minor defects that do not significantly affect use do not prevent acceptance. The Provider fixes them as part of the care plan.

If the Customer approves the website in the customer area, this counts as acceptance of the work; with the approval the Customer also confirms having read and accepted these terms.

6. Prices and payment

The prices in the quote apply, in Swiss francs (CHF). The Provider is currently not subject to VAT. If it becomes subject to VAT later, VAT is added to the ongoing plan fees.

One-off package prices are due 50 % on order and 50 % at launch, unless payment in instalments has been agreed. Plan fees are invoiced in advance from launch. Invoices are payable within 30 days.

If an invoice remains unpaid after a reminder with a further 10 days' notice, the Provider may take the website offline temporarily until everything is paid. Plan fees continue to run.

The Customer bears the costs of services it obtains itself (for example payment fees of Stripe or TWINT, SMS beyond the quota, paid pictures).

7. Care plan and term

Every website is operated on a care plan of the Provider. Depending on the level it includes hosting, domain, technical updates, backups, e-mail sending and further services according to the price list. The Provider ensures high availability but does not guarantee uninterrupted access.

The minimum term is 24 months from launch. After that the plan renews month by month and can be cancelled in writing with 3 months' notice to the end of a month; e-mail is sufficient. If cancelled before the end of the minimum term, the fees remain due until it ends.

Moving to a higher plan level is possible at any time. After the minimum term the Provider may adjust plan prices with 3 months' notice; the Customer may then cancel with effect from that date.

8. Rights to source code and content

Source code, technical framework and templates remain the intellectual property of the Provider. For the duration of the plan the Customer has the right to use the website. The Provider is not obliged to hand over the source code.

The Customer's content (texts, pictures, logo) and the data of its clientele remain with the Customer. The Provider may show the website as a reference unless agreed otherwise.

9. Domain and end of contract

The Provider registers and manages the domain for the Customer as part of the plan.

When the contract ends, the website is switched off. On request the Provider transfers the domain free of charge to the Customer or to a provider of the Customer's choice, provided all invoices are paid. If the Customer does not respond within 30 days, the Provider may cancel the domain. On request the Customer receives its texts, pictures and an export of its booking or order data.

10. Warranty and liability

The Provider fixes defects it has caused free of charge during the plan. Further warranty claims are excluded to the extent permitted by law.

The Provider is liable for damage caused intentionally or through gross negligence. Any further liability, in particular for consequential damage, loss of profit and outages of third-party services, is excluded to the extent permitted by law.

The Customer is responsible for the content of the website and its lawfulness, such as the legal notice, privacy policy or shop terms. The Provider supplies template texts but does not give legal advice.

11. Data protection and processing on behalf

If the Provider operates a website with online booking, contact form or shop for the Customer, it processes the data of the Customer's clientele (for example names, contact details, appointments, orders) on behalf of the Customer under the Swiss Data Protection Act (FADP). The Customer remains responsible for this data.

The Provider processes this data only to fulfil the contract and protects it with appropriate technical and organisational measures.

As sub-processors the Provider uses Infomaniak (hosting, Switzerland) and, depending on the function, Supabase (database), Resend (e-mail sending), Cloudflare (bot protection) and Stripe (payments).

When the contract ends, the data is deleted after it has been handed over to the Customer, at the latest after 30 days. The privacy policy applies in addition.

12. Final provisions

Changes and additions must be made in writing; e-mail is sufficient. If a provision is invalid, the rest remains valid.

Swiss law applies. The place of jurisdiction is Lucerne, unless the law mandatorily provides otherwise.