Standard business terms.
1.1 Scope of application
The present "General Conditions for Services of the So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH" ("Terms and Conditions") govern the relationship between Landtwing Informatik GmbH and its customers ("Principal") and shall apply unless otherwise provided for a specific service or for specific customer groups. The applicability of any general terms and conditions of the Principal is excluded (even without express objection).
1.1.2 By placing an order in written (letter/e-mail) or oral form (telephone/ in person) the client tacitly accepts the general terms and conditions. The SBTs can be viewed and downloaded on the homepage www.solomo-solutions.com/agb.
1.3 Terms of payment
Invoices are to be paid by the client within 10 days in each case, subject to other agreements.
1.4 Default of payment
If the customer has neither paid the invoice by the due date nor raised any objections to it in writing with reasons, he will be in default without further notice and So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH may, to the extent permitted by law, interrupt the provision of all services, take further measures to prevent increasing damage and/or terminate the contract or business relationship without notice and without compensation. The customer shall bear all costs incurred by So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH as a result of the delay in payment. In particular, the customer shall owe So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH a default interest of 5% from the due date and a reminder fee of 25 CHF per reminder. In case of collection by third parties, the customer shall owe additional fees for their collection expenses.
1.5 Formal requirements
Agreements are only valid in written form. Oral statements are not binding.
1.6 Authorization of the So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH
So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH shall be entitled to conclude contracts with third parties in the name and for the account of the client, insofar as this is necessary for the fulfilment of the order.
1.7 Data protection
So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH undertakes to treat all personal data of the client as confidential and not to sell them to third parties. The data necessary for the business transaction will be stored and only passed on to third parties if necessary for the fulfilment of the contract.
1.8 Force majeure
So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH is released from the obligation to perform in cases of force majeure. All unforeseeable events as well as those events whose effects on the fulfilment of the contract are not attributable to either party shall be considered force majeure. These events include in particular lawful industrial action, including in third-party companies, official measures, failure of communication networks and gateways of other operators, disruptions in the area of line providers, other technical disruptions, even if these circumstances occur in the area of subcontractors, sub-suppliers or their subcontractors or in the area of operators of sub-nodal computers authorised by Landtwing Informatik GmbH or their auxiliary persons.
1.9 Limitation of liability
So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH is only liable for intent and gross negligence, regardless of the legal grounds. This limitation of liability also applies to its vicarious agents and assistants. In case of slight negligence So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH shall only be liable in the event of slight negligence if it has breached an essential contractual obligation (cardinal obligation). So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH shall not be liable for loss of profit, lack of savings, loss of or damage to data or indirect and/or consequential damage.
1.10. Applicable law / Place of jurisdiction
Swiss law is applicable to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention). The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationships is Zug.
2. Contractual services
2.1 General content of the order
The subject matter of the order shall be the individually agreed upon and agreed upon by So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH. Deadlines shall be deemed to be general targets, unless they have been expressly agreed in writing as binding assurances. Drafts, statements, presentations and the like shall not be binding until they have been legally signed.
2.2 Intellectual property of work results of So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH
The industrial property rights and copyrights to all the products and services offered by So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH belong to So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH. Upon payment of the fee, the customer shall acquire the rights of use of this work without any restrictions in terms of time and place. The rights of use granted to the contractor may only be used with the express consent of So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH to third parties against payment or free of charge or to sublicense them. This shall not apply to transfers in connection with the sale of a company or part of a company of the customer. Services protected by copyright may not be changed without the express permission of the author.
2.3 Property rights of third parties to materials provided by the client
The client assures that all So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH for the execution of this contract, in particular texts, images, graphics, music and video sequences, computer programs, drawings, database contents as well as the domain used, are free of third-party industrial property rights or that he is entitled to use these contents for the execution of this contract. The customer undertakes to indemnify Landtwing Informatik GmbH against all claims of third parties which may be asserted against So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH in connection with the execution of this contract in connection with the infringement of third party rights. He further undertakes to indemnify So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH for any damages resulting from the violation of third party rights.
2.5 Reservation of ownership
The products ordered are subject to retention of title and remain the property of So.Lo.Mo. until all outstanding claims have been settled in full. Marketing Solutions by Landtwing Informatik GmbH. Only after full payment the delivered products become the property of the customer. Landtwing Informatik GmbH reserves the right to make an entry in the retention of title register. Claims from the resale of the goods shall become the property of So.Lo.Mo. in advance. Marketing Solutions by Landtwing Informatik GmbH.
2.4 Obligations of So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH
So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH is obliged to provide the services in accordance with the details in the offer. Unless otherwise expressly agreed in writing, So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH shall owe careful and competent performance of the agreed services, but not a specific work result. So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH shall be entitled to call in third parties for the fulfilment of the order. Landtwing Informatik GmbH shall only be obliged to carry out modifications or extensions not listed in the offer if So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH has confirmed these services in writing or has commenced their execution.
2.5 Obligations of the client
We reserve our property rights and copyrights to cost estimates, drawings and drafts prepared by us as well as their mathematical basis. These documents and the contents of offers and order confirmations must be treated confidentially and may not be reproduced or made available to third parties without our consent. For services such as clarification of requirements, stock-taking and actual condition analysis, our effective expenses, plus travel costs to and from the site, will be invoiced. The client confirms that Landtwing Informatik GmbH has received all necessary information prior to the conclusion of the contract which may be relevant to the fulfilment of the order. The client is obliged to deliver the documents, records, contents and materials mentioned in the offer or order confirmation as agreed and in good time.
2.5.2 Changes and extensions
Modifications or extensions which are not listed in the offer are considered as additional work which has to be paid separately.
If the client does not report any errors in writing within 5 working days, the work result is considered approved.
The conditions of the So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH are based on the generally applicable SWICO service tariff for IT suppliers to the graphics industry. Services are billed transparently for you in work units of 15 minutes each. On weekdays from 09:00 to 17:00, the standard rate applies to you, while the plus rate applies at all other times.
If a flat rate is not expressly agreed upon, the client shall pay the effective expenditure according to the current hourly rates of So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH. If the effective expenditure exceeds the fee estimate according to the offer by a maximum of 20 percent, the client shall pay for the effective expenditure. If the additional expenditure is the responsibility of the client, he shall be fully remunerated in any case.
2.6.1 Remote maintenance with Teamviewer
A connection fee of 35 CHF is charged per session, in addition, 48.75 CHF - 3.25 CHF per minute is charged every 15 minutes.
Night surcharge - For assignments on weekdays, from 22.00 +25
Saturday surcharge - For assignments on Saturdays +50%.
Sunday surcharge - For assignments on Sundays or general holidays +100
Express surcharge - For immediate use, within 4 hours on site (without corresponding maintenance contract) + 250 CHF
2.6.4 Travel expenses
If technical work is carried out on site, a travel flat rate per journey and person will be charged.
All prices are subject to 7.7 % statutory value added tax.
2.7 Cancellation of appointments Consulting, coaching discussions, support sessions
Appointments cancelled at short notice by the customer - less than 24 hours before the agreed appointment - must be paid by the customer. The same applies if the customer fails to appear at the agreed date.
2.8 Limited warranty
So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH guarantees that the agreed services are carried out carefully and competently. A warranty period of 12 months shall apply, beginning on the day of delivery. If the services serve the personal or family use of the client, the warranty period is 24 months. The customer shall inform So.Lo.Mo. of any defects occurring during the warranty period. Marketing Solutions by Landtwing Informatik GmbH in writing without delay. So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH shall in this case be obliged to carry out the services owed again at its own expense to the exclusion of any further warranty rights of the client. The warranty does not cover the elimination of errors caused by changes in hardware or software components. The warranty shall be void if the customer does not provide the warranty without the consent of So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH without the consent of So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH, if the customer himself changes devices, elements or additional equipment, in particular design and programming, or has them changed by third parties.
3. Hosting services
3.1 Reseller Hosting
So.Lo.Mo's. Marketing Solutions by Landtwing Informatik GmbH is a reseller hosting, i.e. the hosting service is provided by a reseller hosting provider commissioned by Landtwing Informatik GmbH. So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH is entitled to replace the reseller hosting provider at any time and without prior notice or to operate the hosting itself.
3.2 Price and Performance
The prices for web hosting are fixed prices. So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH may change the scope of services at any time. In case of an objection of the client against the change of services, the hosting shall be deemed terminated on the next regular date.
3.3 Contract period
A hosting contract is concluded for a period of 12 months. If the hosting is not terminated in due time (see point 3.4), the contract is extended by 12 months.
The hosting can be cancelled by registered letter with at least 60 days notice before the end of the respective term.
So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH shall be entitled to terminate the contractual relationship without notice and to stop all services immediately if the contractual conditions are not complied with. The reason for this is in particular the misuse of the account or the violation of legal regulations regarding the content of the website (see point 3.7) or default of payment (see point 1.3).
After the end of the contract or termination of the contract, So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH is entitled to irrevocably delete all data of the client. The client shall ensure that his data is downloaded from the server before termination of the contract. After termination of the contract, there is no further possibility to download e-mails, website or other files on the server from So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH.
3.5 Change of the Hosting Offer
Upgrade: The client has the possibility to change to a higher offer at any time. The contract period remains the same. For the remaining contract period, the customer receives a daily invoice for the higher offer.
Downgrade: The client can change to a cheaper offer at any time. However, there will be no reimbursement. The lower price will only be considered from the new billing period onwards.
3.6 Domain Registration
So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH will register the desired domain name with the appropriate registry at the request of the client after conclusion of the contract. The general terms and conditions of the registry are thus part of the contract.
The client agrees that his data is publicly available through the Whois Database Service and is made available to ICANN for verification purposes.
For all domain names that are registered by So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH, the client will be registered as the owner (holder), if the registry allows this.
So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH cannot guarantee that the desired domain name will actually be allocated to the client by the registry. If a domain name applied for has already been allocated, the customer may choose another domain name. After a successful domain registration a change of the domain name is no longer possible.
3.7 Duties of the Customer
The client is fully responsible for the information he makes available to the public on the Internet. The client must refrain from abusive use and illegal actions on the Internet. In particular, the following points are not permitted: the client's website must not contain any unlawful erotic, pornographic, immoral or politically right/left radical information. Links to such websites are also prohibited.
The client must ensure that his own presence (including scripts, databases, programs, etc.) does not interfere with the presence or offers of third parties and that server stability, server performance or server availability is not affected in any way.
The client may only use the storage space and the resources provided for the proper operation of the client's website. Resource-intensive software and downloads (sound, video, streaming, games, backups, banner ads and exchange, etc.) are generally not permitted.
The sending of mass mails (spam mails), which endanger the operational stability of the server or are illegal, is not permitted.
If the client uses his own scripts (Perl, PHP, etc.), which require too much resources or do not work properly, So.Lo.Mo. reserves the right to change the scripts. Marketing Solutions by Landtwing Informatik GmbH reserves the right to withdraw the right to execute such scripts.
The client undertakes to use the server and the website only according to the contractual specifications and according to the instructions of So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH and shall indemnify Landtwing Informatik GmbH or other participants on the server from all damages and claims of third parties which are due to improper use of the server or the website.
3.8 Modification of the terms of the contract
So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH reserves the right to adapt the terms and conditions at any time. If the changes are disadvantageous to the customer, he may prematurely terminate the contract with Landtwing Informatik GmbH without financial consequences. If he fails to do so, he accepts the changes.
3.9 Exclusion of warranty
The So.Lo.Mo. Marketing Solutions by Landtwing Informatik GmbH does not guarantee the trouble-free operation of the hosting, as far as legally permissible. Landtwing Informatik GmbH will inform the Reseller Hosting Provider of any malfunctions or maintenance work that may occur.
4 Severability Clause
Should a provision of this contract be invalid, the validity of the remaining provisions shall not be affected. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the invalid provision.