1. Contractual Terms
These Terms and Conditions (T&Cs) serve as the legal basis for the business relationship between IT Vision GmbH (hereinafter referred to as IT Vision) and the client (hereinafter referred to as Customer) who avails products or services from IT Vision. Unless otherwise agreed, these T&Cs are an integral part of every order.
1.2 Conclusion of the Contract
The contractual relationship is established when IT Vision accepts the customer’s order. The offer created by IT Vision is based on the information provided. In the case of inaccurate or incomplete information, the prices mentioned in the offer serve as guidelines and may be adjusted subsequently.
Unless otherwise agreed, the contractual relationship begins with the payment of an advance payment (subject to special agreements by IT Vision). IT Vision reserves the right to reject orders.
1.3 Deviations from the T&Cs
Future changes and additions to these T&Cs can only be made in writing and require the consent of both parties to be effective. The same applies to the waiver of written form in the future.
2. Rights and Obligations of IT Vision
2.1 Provision of Services
IT Vision is responsible for providing services according to the customer’s requirements. IT Vision commits to executing the tasks entrusted to the company in the best interests of the customer with due care and to the best of its knowledge and belief. The manner in which these services are provided is at the discretion of IT Vision. For this purpose, IT Vision may involve domestic and foreign companies, freelancers, or third parties as necessary to fulfill the services. Changes in this context remain at the discretion of IT Vision.
2.2 Prevention of Services
In case of a breach of duty by the customer, regardless of whether it was intentional, unknowingly, or caused by third parties, IT Vision is entitled to immediately block or remove the affected account, server, service, domain, content, a program, or the like.
The customer can be exempted from the sanction by rectifying the violation, if possible. In the case of serious or repeated breaches of duty, IT Vision reserves the right to terminate the contract without notice and without compensation and to initiate legal action.
IT Vision is entitled to send all notifications to the customer via email, including but not limited to product update announcements, technical maintenance notices, payment reminders, setup or termination confirmations, loss of access data, invoices, etc.
2.4 Company Holidays
IT Vision has a two-week company holiday period during the Christmas and New Year season. During this time, only emergency services are maintained.
2.5 Data Retention
After the completion of a project, IT Vision is not obligated to retain project data, raw data (film and photo), or other documents provided by the customer. If the customer wishes to retain them, this must be communicated in writing no later than the completion of the project.
The copyrights remain with IT Vision. Without the express consent of IT Vision, the customer is not authorized to make changes to the works created, make copies, or reproduce the work. The provisions of the Copyright Act (URG) also apply.
IT Vision reserves the right to retain examples of all works created and/or use them in electronic form on its own website as references. The customer expressly agrees that their name/logo can be used in reference to these examples.
2.8 Adjustments to the T&Cs
IT Vision reserves the right to adapt these T&Cs, offers, or parts thereof at any time to changed conditions. The updated T&Cs become effective upon publication on the website. For already ongoing orders, the version of the T&Cs that was in effect at the time of contract conclusion usually applies, unless the customer has agreed to a newer version of the T&Cs.
3. Rights and Obligations of the Customer
The customer is obligated to settle the costs according to the agreed payment terms and deadlines for the entire contract period.
3.2 Usage Rights
Upon full payment of the agreed fee, the customer receives the usage rights to the final product. However, the customer is only authorized to use the agreed final product. Drafts, sketches, source codes, themes/templates, project files, and raw data of film and photos remain the property of IT Vision.
The customer is responsible for the proper use of the final product. In the case of resale or gratuitous transfer of specific usage rights, the customer must inform the respective third party and is fully liable for this transfer.
3.3 Browser Compatibility
Development is usually done in responsive design and is tested for browser compatibility with desktop browsers like Chrome, Safari, Firefox, and Microsoft Edge, as well as mobile browsers Safari and Chrome. However, IT Vision does not provide a warranty for outdated versions of these browsers or for other browsers unless explicitly agreed otherwise.
The customer is obliged to promptly check the services provided and the delivered work (final product) immediately upon receipt, approval, or publication of the website. Complaints must be submitted promptly and in writing. In the absence of complaints, the final product is deemed accepted as free from defects. In the case of justified defects, IT Vision will carry out timely rectifications, but comprehensive revisions are excluded.
3.5 Supplied Materials and Content
The customer is responsible for the completeness and correctness of the data provided. IT Vision disclaims liability for data provided by the customer that is erroneous or incomplete. Corrections must be requested by the customer.
The customer should have backup copies of the data transmitted to IT Vision. IT Vision excludes liability for data, samples, and other material and immaterial assets not transmitted.
3.6 Prohibited Content
Erotic, pornographic, pedophilic, racist, and other offensive or prohibited content are not allowed to be hosted on IT Vision’s servers. This includes images, video clips, or hyperlinks to such material. IT Vision reserves the right to delete such material without prior notice. In case of misuse of any kind, there will be no refund of fees already paid. Spam, i.e., unwanted email sending, is considered misuse.
3.7 Contact Information
The customer is required to inform IT Vision of address changes (email or postal) to prevent difficulties in contact.
3.8 Search Engine Placement
IT Vision does not guarantee the success of the implemented measures. The position of a website in search engines depends on a variety of factors beyond IT Vision’s control. Therefore, the services provided alone are not determinative of success.
4. Payment Terms
IT Vision invoices according to the agreements in the respective order.
Unless otherwise agreed, an advance payment of 50% of the total amount is usually due at the time of order placement. For long-term projects or delays due to customer fault, IT Vision may issue interim invoices for work already completed.
If the actual services provided exceed the services specified in the original offer, an additional offer will be submitted to the customer in a timely manner. The same applies to additional work.
In the event of the premature termination of projects or tasks, the services provided up to the termination will be invoiced.
5. Payment Terms
IT Vision generally invoices according to the order placed.
Unless otherwise agreed, an advance payment of 50% of the total amount is due at the time of order placement. If the service extends over a longer period or delays occur due to the customer, IT Vision is authorized to issue interim invoices for the work already completed.
If the offered services are exceeded, the customer will be informed in a timely manner, and an additional offer will be made for additional work.
In case of project or work termination, the services provided up to the termination will be invoiced.
5.1 Recurring Services (SLA)
IT Vision offers various recurring services and contracts. Unless otherwise agreed, the contract duration is typically 1 year and renews automatically under the same terms if not canceled in writing at least 60 days before the renewal date.
The billing date may differ from the renewal date. Cancellation by email is sufficient but only becomes valid upon confirmation of cancellation by IT Vision. In the absence of a cancellation confirmation, it is the customer’s responsibility to proactively inquire within 10 days to ensure that their cancellation has been received by IT Vision.
Invoices for recurring services may be sent on dates differing from the renewal date for administrative reasons. Billing is usually done annually in advance but can also be retroactively combined for multiple billing periods.
6.1 IT Vision’s Liability
IT Vision disclaims liability for defects or change requests that were not reported to the company in a timely manner.
In the case of willful intent or gross negligence on the part of IT Vision, liability is limited to direct damages and the value of the service used.
This also applies to bindingly agreed deadlines unless the customer fails to report back in time, provide approvals, or important data is missing, which is essential for execution and adherence to these deadlines, leading to postponements.
The customer waives all claims for damages or warranties in case of business interruptions, service disruptions, data insecurity or loss unless performance guarantees have been granted.
In relation to the consumer, IT Vision is liable according to the applicable national law but not for immaterial damages or loss of income. Liability in cases of force majeure is excluded.
6.2 Customer’s Liability
The customer is fully responsible for all content and actions related to the websites, accounts, and servers used by them.
There is no verification of whether the contents of the customer’s websites infringe third-party rights or comply with the guidelines of individual search engine operators. The customer is solely responsible for possible penalties by third parties. If IT Vision is still claimed due to infringements of protection rights, the customer indemnifies IT Vision from any claims for compensation.
The customer is also solely responsible for the lawful permissibility of their website contents and the information provided by them. The same applies to the protection of third-party rights, especially with regard to copyrights, competition regulations, and criminal acts.
7. Miscellaneous Provisions
The general data protection regulations or customer-specific agreements apply. Swiss law is generally applicable unless Article 28 of the GDPR with compensation has been agreed.
Both parties and their assistants commit to treating all information acquired or transmitted in connection with the services provided confidentially. This obligation remains in force even after the termination of the contract.
8. Severability Clause
Should any provision or appendix of this contract be or become invalid, this does not affect the validity of the contract as a whole. The contracting parties will replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any contractual gaps.
9. Applicable Law / Jurisdiction
These T&Cs are subject to Swiss law, excluding the conflict of laws provisions. Unless mandatory legal provisions prevail, the court at the registered office of IT Vision is competent.
Please note that this translation is for reference and understanding purposes, and in the case of any legal implications or questions, it is advisable to consult a legal expert.