General terms and conditions

1. Provider and scope

These terms concern services supplied by Swiss Web Development Kiefer. They become part of a project contract only if they are made available before the contract is concluded and the parties agree to incorporate them. Merely visiting this website or sending an enquiry does not mean that you accept these terms or place an order.

Individual agreements take precedence over these terms. Mandatory law remains applicable. The website describes our capabilities; the binding scope of a particular engagement is established in the agreed proposal or project contract.

2. Agreeing a project

Before paid work begins, we agree the services, deliverables, fees, timeline and responsibilities in text form, for example by email. The acknowledgement sent by the contact form only confirms receipt of an enquiry. It is not acceptance of a project or an offer.

A proposal identifies whether work is charged at a fixed price or by time and materials, and whether an amount is an estimate or a binding price. Additional work, changes to scope and their effect on cost or timing must be agreed before that work is carried out.

3. Cooperation and delivery

You provide the content, access rights, information and feedback needed for the agreed work, and ensure you may lawfully supply those materials. We agree a suitable method for transferring credentials or confidential information.

If required information or feedback is delayed, we discuss the consequences and adjust the schedule where justified. A delay does not automatically authorise unspecified additional charges. Binding deadlines and any acceptance procedure are recorded in the project agreement.

4. Fees and payment

Fees, currency, instalments and any deposit are specified in the project agreement. Offers state applicable taxes and any separately payable third-party costs, such as hosting, Shopify subscriptions or paid licences.

Unless another payment period is agreed, invoices are payable within 14 days of issue. Default, default interest and any recoverable collection costs are governed by the agreement and applicable law; no unspecified flat reminder fee is created by these terms. Suspension of work must comply with the contract and statutory requirements.

5. Deliverables and intellectual property

The project agreement identifies the deliverables and the rights you receive. After full payment, transferable rights in custom deliverables created specifically for you pass to you to the extent agreed. Pre-existing tools, reusable components and third-party materials are excluded from that transfer and remain subject to their applicable licences. We identify restrictions relevant to the agreed use.

Rights that cannot legally be transferred remain unaffected. The handling of source code, design files, access credentials and third-party accounts is agreed for the project. We publish a client’s name, confidential project details or work as a portfolio reference only where authorised.

6. Confidentiality and personal data

We use confidential information only for the engagement and disclose it only to people or service providers who need it for that purpose and are subject to appropriate confidentiality duties, or where law requires disclosure. This does not prevent use of information that is lawfully public or independently obtained.

Our website privacy notice describes website enquiries. If a project involves processing personal data on your behalf, the parties must establish the roles, instructions, security measures, subprocessors and international transfers in an appropriate data-processing agreement before that processing starts.

• Website privacy notice

7. Defects, maintenance and third-party services

We perform the agreed services with the care required by the contract and applicable law. The relevant statutory rules determine defect rights, notification duties and limitation periods, taking account of the type of contract. Statutory defect rights are preserved.

Please report a defect with enough information for us to investigate it. Maintenance, new features and third-party updates can be agreed separately, but separate support arrangements do not remove existing statutory or contractual defect rights. We do not guarantee a search-engine ranking, app-store acceptance or uninterrupted availability of a third-party platform.

8. Liability

Liability is governed by applicable law and any valid individual agreement. In particular, they do not exclude or limit liability for intent or gross negligence under Article 100 of the Swiss Code of Obligations, or other liability that cannot lawfully be excluded or limited. The involvement of a third-party service does not itself exclude our own legal responsibility.

9. Ending an engagement

Termination and its financial consequences depend on the contract type, the individual agreement and applicable law. Where mandate law applies, the right to revoke or terminate under Article 404 of the Swiss Code of Obligations remains reserved, including its rules on termination at an inopportune time. Where work-contract law applies, the relevant statutory withdrawal and compensation rules remain applicable.

On termination, the parties settle the fees, expenses, any refunds or compensation and the handover or deletion of materials under those rules.

10. Applicable law and jurisdiction

Swiss substantive law applies to the extent a choice of law is permissible. Mandatory protections that apply to a customer, including any mandatory consumer rules, remain unaffected. The competent courts are determined under the applicable jurisdiction rules. These terms do not require a consumer to waive a protected forum in advance.

11. Versions and contact

The version incorporated into your contract remains applicable unless the parties validly agree a change. Publishing a new version does not unilaterally change an existing agreement. Questions can be sent to marvin.kiefer@swisswebdev.ch or the postal address above.