WEB DESIGN
TERMS & CONDITIONS

1. CONTRACTUAL TERMS

1.1 Purpose

The following General Terms and Conditions (GTC) serve as the legal basis for the duration of the contractual relationship between TERC and the client and apply to all business areas of TERC.

1.2 General Information

TERC’s primary goal is client satisfaction. These GTC provide the foundation for a fair and transparent working relationship.

1.3 Commencement

The contract between TERC and the client is established either by acceptance of the order or commencement of services by TERC, based on the client's order. The order can be made verbally, via email, online form, online signature, signed document, or by utilizing the services. By placing an order and using our products and services, the client fully and unconditionally accepts the present GTC. The first occurrence of any of these events is deemed the start date of the contract. 

TERC reserves the right to decline any order.

1.4 Components

In addition to the GTC, the terms of use, development agreement, and privacy policy are integral parts of the contract.

1.5 Deviations

Deviations from these GTC are only valid if confirmed in writing by both parties and do not affect the applicability of the remaining provisions.

2. PRICES AND PAYMENT TERMS

2.1 Consultation Meetings

The first consultation and information meeting between TERC and the client is non-binding and free of charge.

2.2 Offer and Contract

Offers are also free of charge and remain valid for 30 days unless otherwise agreed in writing. An offer becomes binding for both parties once it is accepted by the client (e.g., by signature, email confirmation, or service usage). The contract is established upon acceptance of the offer. Prices in offers are exclusive of VAT. Where no specific prices have been set, a standard hourly rate of CHF 180.00 applies. TERC reserves the right to adjust prices in response to changing circumstances.

2.3 Payment Terms

2.4 Invoice Disputes

The client may raise written and substantiated objections to the invoice within 5 days of receipt. If no objections are made within this period, the invoice is considered accepted.

2.5 Payment Defaults

If the client fails to pay on time, they will be in default without the need for a reminder. Offsetting claims by the client is excluded. If the invoice is neither paid nor contested in writing by the due date, TERC may suspend services or terminate the contract without further notice and without compensation. Reactivation will only occur after full payment, plus a processing fee of CHF 100.-. 

For each reminder, a fee is due to cover administrative costs. TERC reserves the right to transfer the claim to a third party for collection.

2.6 Hourly Retainer Validity

Each hourly retainer package has a validity of 24 months from the date of the contract and must be used within this period. Any unused hours will expire after this period, and no refund will be provided for the unused portion.

3. CLIENT RIGHTS AND OBLIGATIONS

3.1 Cooperation

The client is obligated to assist and adhere to agreed deadlines so that TERC can provide the requested services efficiently. For orders up to CHF 5,000.00, the maximum project duration is 3 months, unless otherwise agreed. After this period, services will be invoiced, and TERC reserves the right to charge a 20% surcharge for each additional month. For orders over CHF 5,000.00, the maximum project duration is 6 months.

3.2 Third-Party Rights

The client is solely responsible for the legal admissibility of the domain name and website content, including data (text, images, videos, keywords, etc.) and compliance with third-party rights, especially copyright, competition law, and criminal law.

3.3 Acceptance

The client must review the services and products provided by TERC upon receipt. Any complaints must be made in writing within 15 days. Later claims will not be considered.

3.4 Delays

Deadlines are generally considered non-binding. TERC does not assume liability for delays, especially those caused by changes requested by the client. TERC is not liable for intangible damages or loss of income, nor in cases of force majeure.

3.5 Search Engine Rankings

TERC does not guarantee the success of measures taken. Search engine rankings depend on numerous factors beyond TERC’s control, and thus, the services provided do not necessarily lead to a successful outcome.

3.6 Browser Compatibility

TERC delivers web services using modern technologies optimized for desktop screens. However, differences in display may occur depending on the web browser and operating system. No compatibility is guaranteed for technologies with less than 4% market share or outdated browsers (e.g., Internet Explorer).

3.7 Server Setup

Domain and server installation are included in the base price, provided the client’s hosting meets the necessary specifications for our products. It is the client’s responsibility to ensure compatibility in advance. Additional costs arising from incompatible hosting will be charged to the client.

3.8 Additional Work

TERC may reject or charge for work outside the agreed scope. Examples of chargeable services include restoring a client-altered website or CMS support.

3.9 Liability

TERC is not liable for any damages resulting from the use of its services, products, or software. TERC also does not guarantee uninterrupted service or data security. Clients are responsible for securing their own data.

3.10 Contact Information

The client is obligated to provide correct and complete contact information and notify TERC within 10 days of any changes. If incorrect or outdated information is provided, TERC reserves the right to suspend services and seek legal action.

3.11 Data Protection

The client is responsible for the confidentiality of their website and passwords. TERC may store and transmit personal data when necessary (e.g., for domain registration).

4. RIGHTS AND OBLIGATIONS OF TERC

4.1 Services

TERC provides services based on the agreed offer. TERC reserves the right to involve third-party companies and adjust the service environment at its discretion.

4.2 Images and Media

If no images are provided, TERC can purchase suitable images for the client at their expense. These images may only be used for the agreed purpose and cannot be transferred to third parties.

4.3 References

TERC is entitled to link to its own website on the client’s pages and to name the client as a reference, unless otherwise requested by the client.

4.4 Intellectual Property

TERC retains all intellectual property rights to the works created. TERC may reuse codes or other elements for future projects.

4.5 Ownership

All work remains the property of TERC until full payment is received.

4.6 Adjustments

TERC reserves the right to adjust the GTC at any time. Changes take effect immediately unless otherwise stated.

4.7 Service Suspension

In case of a breach of the client’s obligations, TERC may suspend or remove services without notice. Repeated breaches may lead to termination without compensation.

5. APPLICABLE LAW AND JURISDICTION

Swiss law exclusively applies to this contractual relationship. The place of jurisdiction is the seat of TERC.