The following General Terms and Conditions (GTC) are part of/the basis for all contracts and agreements with webButler GmbH. If contractual provisions define otherwise, contractual provisions shall take precedence.
webButler GmbH provides the agreed services as agreed with the respective customer. The core business includes the creation of websites, the provision of web hosting and the associated services for the start-up and interaction of the respective components as agreed. In addition, webButler provides services in the areas of marketing, design as well as automation and outsourcing.
The written form is not necessary for the conclusion of an order. Unless otherwise offered or contractually agreed, the hourly rates of CHF 150.-/h for development and similar services and CHF 150.-/h for content and design work shall apply.
All offers and prices are non-binding and subject to change. If the customer requests additional services not expressly agreed, the currently valid price shall be paid in each case. Price increases or price adjustments for current orders will be communicated to the customer in good time and are only permissible if the customer does not object to them.
Payments shall be made monthly at the latest, unless otherwise agreed (e.g. weekly billing, bi-weekly billing, down payments, advance payments or similar). Invoices from webButler GmbH are to be paid with a payment period of 14 days after receipt (without deduction of discount), unless otherwise contractually agreed (e.g. 7 days).
We send a first reminder 7 days after the expiry of the payment deadline. We send a second and final reminder 14 days after the expiry of the payment deadline. 21 days after the expiry of the payment deadline, we initiate a debt collection procedure. If a debt collection is initiated, we charge CHF 100 as a reminder fee.
In the event of default of payment, webButler GmbH may refuse further performance of the service after prior notice. Costs incurred up to that point will be invoiced accordingly. If applicable, work already produced may be blocked from access in the event of default or may not be transmitted to the customer if it is digital. All products and services remain the property of webButler GmbH until payment has been made in full. Customers will be reminded in the event of late payment. In the event of persistent default in payment, the initiation of legal dunning proceedings will follow, see §5 Terms of payment.
webButler GmbH reserves the right to block/deactivate webhostings and websites if a website has been hacked or if there is harmful code on the webhosting.
For services concerning web hosting, in addition to the GTC of webButler GmbH, the rules and regulations of Infomaniak Network SA and Cloudflare, Inc.
The customer is responsible for ensuring that the graphics, fonts and texts used are in his possession and do not infringe any copyright. webButler GmbH declines any liability in this regard, even if webButler GmbH inserts content into the customer's website for the customer.
The user/viewer has individual setting options in the browser (viewing software for Internet pages) that can change the way the pages are displayed. The different browsers also have partly different display modes. webButler GmbH therefore does not guarantee or warrant that the website will be displayed identically with all browsers.
No guarantee or warranty is given for a desired entry in the search services.
The customer himself is responsible for the content of the Internet pages. webButler GmbH does not carry out any orders for the creation of pages that violate legal prohibitions or morality. webButler GmbH hereby assumes no obligation to check. Pages that violate applicable law or morality can be immediately blocked from access without prior notice if they become known.
webButler GmbH has the right to insert a link to web-butler.ch on each customer website. This will appear in the form of a text similar or the same as "Website of webButler GmbH". webButler GmbH has the right to insert a picture of each customer website and its name on web-butler.ch in order to use the website as a reference.
Technical documentation will only be supplied upon explicit request. Expenses for this will be charged at the usual hourly rate.
webButler GmbH assumes no guarantee for the correct reproduction of the Internet pages as well as no guarantee for identical display when using different browser software, unless webButler GmbH acts with gross negligence. For indirect damages and consequential damages webButler GmbH is only liable in case of intent or gross negligence. Liability as well as any claims for damages are in any case limited to a maximum of the order value. No further claims for damages can be asserted beyond this. Any further liability shall not be assumed by webButler GmbH. If the customer/client himself intervenes in the source code of the Internet pages, any warranty or liability claim shall expire, as well as if he himself changes anything in the template. webButler GmbH cannot be held liable for failures on the Internet, e.g. server failures, which result in Internet pages not being able to be called up - even temporarily. For the smooth operation of the web hosting webButler GmbH disclaims any liability.
As a matter of principle, customer data is not passed on to third parties, except for all technical service providers that are necessary for our hosting and the related service providers. These are by default only Smart Cloud Hosting UK Ltd in England. Personal customer information such as name, address, etc. is thus stored in England on the servers of Smart Cloud Hosting UK Ltd.
We do not sell customer information. Through the use of Google Apps, an online CRM program, and an online accounting program, customer information is stored on third-party servers. However, these providers are market leaders in their industry and are considered secure. Another exception is the purchase of products from third-party vendors if customers instruct us to do so.
Each party acknowledges that as a result of an agreement or contract between webButler GmbH and other parties, each party may have access to certain information and materials about the other party, such as business plans, customers, technology and products. Such information and materials are confidential and of significant value to that party, and the value would be impaired if such information were made available to third parties or used for purposes other than expressly authorized by the respective agreement.
Each Party agrees to keep confidential all Confidential Information of the other and shall not disclose or otherwise make available such Confidential Information to any third party without the prior written consent of the other Party except as required by law, court order or governmental request. Each Party agrees that Confidential Information may be disclosed to its employees only if they are bound by a written confidentiality agreement that is no less restrictive than the confidentiality terms described herein, and then only if the employee has a genuine need to know such information in order to perform his or her job. Confidential information is (i) written information marked confidential for written information (II) information which has been orally marked confidential if orally conveyed. Not considered Confidential Information is information that (a) is publicly known at the time of disclosure, (b) became publicly known other than through a breach of this Section 15, (c) became known without restriction by a party not subject to these Confidentiality Provisions and without breach of these Terms and Conditions, (d) is already generally known, or (e) was independently developed by the receiving Party. For the avoidance of doubt, the existence and terms of all agreements and all contracts and all sales and marketing data and analyses of webButler GmbH in connection with these General Terms and Conditions shall be deemed to be confidential information.
Changes or additions to the GTC can be initiated by webButler GmbH at any time
All contracts of webButler GmbH and other parties shall be governed by Swiss law and the parties submit to the exclusive jurisdiction of the Swiss courts in respect of any dispute (contractual or non-contractual).
Disputes, disagreements or claims in connection with any contract between webButler GmbH and other parties, including the validity, invalidity, breach or termination, shall be resolved by arbitration in accordance with the Swiss laws on international arbitration of the Swiss arbitration authorities. An arbitrator shall be involved; the arbitration shall take place in Bern; the arbitration shall be conducted in the German language.
Last modified: 08.09.2022