1. CONDITIONS OF CONTRACT
The following General Terms and Conditions shall serve as the legal basis for the duration of the contractual relationship between Swiss Magic and the Customer and are valid for all of Swiss Magic’s business operations.
Swiss Magic’s primary concern is the satisfaction of its Customers. These General Terms and Conditions are thus intended to provide a basis for fair contractual relations.
1.3 Start of Contract
The contractual relationship shall begin when Swiss Magic’s accepts an order and/or starts work related to an order placed by a Customer. Depending on the product and Customer, orders may be made orally; by email/online form with an online signature; a signed document or a service request. By ordering and using our products and services, the Customer accepts these General Terms and Conditions in their full and unaltered state. The contract shall be deemed to have commenced on the date on which the above-named events occur.
Swiss Magic reserves the right to refuse an order.
Deviations from these General Terms and Conditions shall only be valid in the presence of a document approved by both parties and shall have no influence on the remaining provisions.
2. PAYMENT TERMS
As a general principle, the prices agreed in the contract shall apply. Where prices have not been explicitly agreed, the hourly rate of USD 70.00 shall apply. All prices are in US dollars and are exclusive of VAT. Swiss Magic reserves the right to amend its prices at any time due to changed circumstances. As a general principle, prices quoted are non-binding.
2.2 Payment Periods
2.2.1 New Customers
The entire invoice amount is payable right upon completion of the order. The completed project shall initially be made available to view on our server and will be transferred to the Customer and uploaded to their server following receipt of payment. We exclusively reserve the right to request advance payments and to obtain credit information.
2.2.2 Existing Customers
If no special payment terms have been previously agreed upon, payments from existing Customers with a consistent on-time payment record are due net 10 calendar days from date of invoice. We expressly reserve the right to request advance payments.
2.3 Objections to Invoices
The Customer may, given reasons, raise a written objection to an invoice within 5 calendar days of the invoice being issued. If the Customer fails to do so, the invoice shall be deemed to have been approved.
2.4 Delays in Payment
If the Customer fails to pay on time, they are considered to have defaulted on the payment, even in the event that no warning has been issued. If, by the due date, the Customer has neither paid the invoice nor raised a justified objection to it in writing, Swiss Magic is entitled to suspend the provision of any or all services without further notice and/or to end the contract without notice or compensation. The contract may only be resumed once full payment and additional processing fee of USD 100 have been received.
An administration fee of USD 20.00 must be paid to meet the cost of each reminder issued. Swiss Magic reserves the right to refer the matter to a third party for collection.
3.CUSTOMER’S RIGHTS AND OBLIGATIONS
The Customer undertakes to provide assistance and comply with scheduled deadlines to enable Swiss Magic to render the required services in the most favourable fashion. Unless agreed otherwise, orders of up to USD 5,000.00 shall be subject to a maximum project duration of 3 months; if this duration is exceeded, services provided must be invoiced to the Customer and we reserve the right to charge a 10% surcharge per additional month for extra expenses. The same terms apply for orders over USD 5,000.00 with maximum project duration of 6 months.
3.2 Rights of Third Parties
The Customer alone is liable for the legal admissibility of the domain name, the content of their websites and printed materials and the data and content supplied by them (texts, electronic data, image data, videos, original creations etc.), including search terms. Likewise, they are solely liable for the protection of third party rights, particularly with regard to copyright, competition and criminal law.
Services and products provided by Swiss Magic are to be checked thoroughly by the Customer upon receipt. Any complaints must be raised in writing without undue delay and at latest within 5 days. Complaints made at a later date will not be taken into account.
Delivery dates are generally to be regarded as non-binding. Dates given correspond to the current planning status of the project. Swiss Magic accepts no responsibility for delays that may occur, particularly not when these delays arise due to changes in Customer requirements. Swiss Magic is not liable for non-material damages or loss of income. It is also not liable in the case of force majeure.
3.5 Search Engine Rankings
Swiss Magic offers no warranty regarding the success of services rendered. A website’s search engine ranking depends on a number of factors outside of Swiss Magic’s control; thus, success may not necessarily be brought about as a result of our services alone.
3.6 Browser Compatibility
Unless expressly commissioned otherwise, Swiss Magic provides web services based on modern, well-established technologies. However, some features may appear differently on different web browsers and operating systems. No liability for compatibility is accepted in the case of technologies with a market share of under 5% or obsolete browser versions.
3.7 Server Setup
Insofar as the hosting provided by the Customer has the necessary specifications for our products and services, the setup of domain names and servers is included in the basic price. It is the Customer’s responsibility to declare in advance whether their hosting is compatible with our products and services. Any additional expenditure incurred due to hosting that is not fully compatible will be invoiced to the Customer accordingly.
3.8 Additional Work
Swiss Magic may refuse to carry out or may invoice the Customer for the cost of any work that does not fall within Swiss Magic’s remit or within the catalogue of services associated with a particular product. Examples of such paid-for services – which are typically charged at an hourly rate – include the restoration of a website that has been administrated and undesirably altered by the Customer, support for the use of a CMS or the resetting of passwords.
Swiss Magic’s services, products and software are used entirely at the risk of the Customer. Swiss Magic assumes no liability for any damage. Similarly, Swiss Magic assumes no guarantee for uninterrupted service or for data transmitted. Swiss Magic is not responsible for backing up files stored on the server.
The Customer alone is liable for all accounts, servers and printed materials they use as well as for the content, links and actions associated therewith. The same applies for any manuscripts, data storage media and templates that are passed to Swiss Magic; while these will handled by Swiss Magic with due care, they must be backed up or insured by the Customer themselves. Swiss Magic assumes no liability for delays, interruptions to services, failures of individual services, data uncertainties or data loss. Swiss Magic shall not be liable in the event of force majeure.
3.10 Contact Addresses
By registering, the Customer undertakes to submit correct and complete contact details including a telephone number and, where available, an email address. In the event of a change in contact details (contact person, email, postal address, telephone number, VAT number), the Customer is obliged to inform Swiss Magic within 10 days to avoid difficulties in establishing contact and delays. Swiss Magic is not obliged to note the existence of any contact data other than that disclosed by the Customer or to initiate inquiries to amend or correct this data. If contact data emerges as incomplete, incorrect or not current, with the result that the identity of the Customer can only be determined with disproportionate effort or that messages cannot be delivered to the Customer, Swiss Magic is entitled to suspend the provision of services and may legally demand any outstanding payments. Furthermore, Swiss Magic is entitled to invoice the Customer for any costs arising from the provision of out-of-date, incomplete or incorrect contact information.
3.11 Data Protection
The Customer is responsible for maintaining the confidentiality of the website and associated passwords. Furthermore, the Customer is responsible for all consequences arising from the fact that they have afforded visitors access to their website or have shared their password with third parties. In this case, the Customer shall be liable for all consequences of the use or misuse of their website or password. The Customer hereby agrees that their personal data can be stored and, if necessary, passed to third parties. This applies particularly to the passing of data required for the registration of a domain name, whereby these data may subsequently be published.
4. RIGHTS AND OBLIGATIONS ON THE PART OF SWISS MAGIC
Swiss Magic is responsible for the rendering of services in accordance with the service package required by the Customer. Swiss Magic has complete freedom to determine the environment required for execution of these services, which means (for example) that domestic or foreign companies or third parties may be utilised. Changes in this regard shall also be made at the discretion of Swiss Magic.
4.2 Image Data
If no image material is available, Swiss Magic can purchase suitable image material from third parties at the request and expense of the Customer. Image material is hereby limited to use for that specific purpose and by the Customer’s company (1 license). Under no circumstances may these images be passed to third parties. The same applies for texts and other items of content protected by property rights.
Swiss Magic is entitled to place a link to its website on all Web pages of the Customer as well as to place a counterlink and to name the Customer as a reference. The citation (in link and reference form) may be omitted at the express wish of the Customer.
As a general principle, the copyright and related rights for all work results produced by Swiss Magic belong to Swiss Magic. Swiss Magic is entitled to these rights in accordance with legislation of Hong Kong Special Administrative Region of the People's Republic of China. Swiss Magic is expressly entitled to make use of code in other projects as it sees fit.
4.5 Property Rights
All work results remain the property of Swiss Magic until payment has been received in full.
Swiss Magic reserves the right to amend these General Terms and Conditions at any time, without notice, on account of changing circumstances. Unless otherwise announced, these amendments shall be immediately effective.
4.7 Cessation of Service
If the Customer fails to comply with one or more of their obligations in accordance with Section 3 – whether intentionally, unwittingly or as a result of third party interference – Swiss Magic is entitled to immediately suspend or remove the affected account, server, service, content, program etc. If so required, the Customer can achieve the removal of sanctions by remedying any issues. In the event of a serious or repeated breach of an obligation, Swiss Magic reserves the right to end the contract without notice or payment of damages and to take legal action against the Customer.
Swiss Magic is entitled to send all communication to the Customer via email, including but not limited to: announcements regarding product innovations, invoices, payment reminders, setup or cancellation confirmations, lost login data etc. If Swiss Magic is in possession of a contact address that has become invalid since the Customer placed their order, Swiss Magic is entitled to carry out additional inquiries (through administration interfaces made available to us, WHOIS databases of domain names, etc.) with the aim of establishing that the contact address is authorised.
5. APPLICABLE LAW AND PLACE OF JURISDICTION
These Terms and Conditions shall be governed exclusively by law of Hong Kong Special Administrative Region of the People's Republic of China. The exclusive place of jurisdiction is the premises of Swiss Magic in Hong Kong Special Administrative Region of the People's Republic of China.