TERMS AND CONDITIONS

Contractual conditions

1.1 Reason and purpose

The General Terms and Conditions (hereinafter referred to as GTC) serve as the legal basis for the duration of the contractual relationship between AKERTIQ and its customers who order/purchase a service or product offered. For the sake of simplicity, we refrain from using the feminine form. Our GTC are subject to Swiss law and the sole place of jurisdiction is AKERTIQ's registered office.

1.2 Start

The contract shall come into effect upon acceptance of the order, invoice or commissioning by AKERTIQ on the basis of the order placed by the Customer. The order may be placed by e-mail, service reference, verbally during consultations, by online form or by signed document (invoice/offer/order confirmation). The first date of the aforementioned options shall be deemed to be the start of the contract or subscription. AKERTIQ reserves the right to refuse an order without giving reasons.

1.3 Term

The buyer determines the first contract term himself when ordering under the given selection. At the end of this contract term, the subscription or the contract (hereinafter referred to as the contract) shall be automatically extended for the same term unless notice of termination is received from one of the contracting parties at least 30 days before expiry. If the subscription is agreed for less than 30 days, notice of termination must be given within 7 days of the start of the subscription. If the customer switches to another provider, all services in connection with this service will be switched off. All entitlements to AKERTIQ's services shall lapse upon the move to another service provider. By canceling subscriptions, all associated support and update services expire. However, the contract does not expire until the notice period has expired.

1.4 Components

For third-party services or products such as domain name services, hosting, online and offline advertising, print media and e-mail, the guidelines of the respective third parties shall also apply. If third parties demand a fee and this is not included in the AKERTIQ offers, this fee shall be borne solely by the Customer.

Terms of payment

2.1 Expenses

Expenses will be invoiced separately if necessary and agreed.

2.2 Prices

The contractually agreed prices shall generally apply. Where no explicit prices have been specified, the prices published at www.akertiq.ch shall apply primarily or, secondarily, the hourly rate of CHF 150.00. All prices are quoted in Swiss francs including VAT. Any discounts are cash discounts and are only valid if payment is made on time. Subscription prices (social media management) are due in advance and are generally billed annually. AKERTIQ reserves the right to adjust prices at any time due to changes in circumstances. Such changes shall only apply to current contracts when they are renewed, whether to the advantage or disadvantage of the customer. The reimbursement of prepaid costs shall be excluded in such a case or in the event of premature termination of the contract at the request of the Purchaser.

2.3 Payment period

Unless special payment terms have been agreed, existing customers who always pay their invoices on time shall be entitled to 14 days net from the invoice date. For new customers, 7 days from the invoice date. AKERTIQ reserves the right to demand advance payments. If the contract is extended, the subsequent period shall generally be invoiced immediately.

2.4 Offsetting

If the customer does not pay on time, he shall be in default without a reminder. The offsetting of claims by the customer is excluded. If the Customer has neither paid the invoice by the due date nor raised written and justified objections to it, AKERTIQ may suspend the provision of all services without further notice and/or terminate the contract without notice and without compensation.

The rights and obligations of AKERTIQ

3.1 Image material

If image material is required, AKERTIQ may purchase suitable image material from third parties at the customer's request and expense. Under no circumstances may these images be passed on to third parties. The same shall also apply to fonts and other proprietary rights secured under licensing law.

3.2 Services

AKERTIQ shall be responsible for the provision of services in accordance with the offer requested by the customer, the product description of which is published in accordance with the offer or, secondarily, at www.akertiq.com. AKERTIQ shall be free in all respects to determine the type and nature of the environment required for these services; for example, domestic and foreign companies or third parties may be involved. AKERTIQ shall also be free to make changes at its own discretion.

3.3 References and samples

AKERTIQ may keep a reasonable number of samples (usually 10) of printed materials and use and publish them as proof of performance. AKERTIQ may also publish unprinted material, such as screenshots of social media profiles and general key data on the project, as a reference. In addition, AKERTIQ shall be entitled to place a link to AKERTIQ's website and a counter-link on all of the Buyer's websites and profiles. Customer logos may be published as a reference on www.akertiq.com. At the express written request of the customer, the naming and presentation as a reference and the linking may be omitted.

3.4 Copyright

The copyrights and related rights to all works created by AKERITQ shall generally belong to AKERTIQ. AKERTIQ may dispose of these rights in accordance with the provisions of federal law.

3.5 Right of ownership

AKERTIQ shall retain title to all movable goods until payment has been made in full.

3.6 Amendments

AKERTIQ reserves the right to amend the GTC, other contractual components in accordance with Section 1.4 or an offer or individual components thereof at any time without notice to reflect changing circumstances. Unless otherwise announced, such amendments shall enter into force with immediate effect. Reference is made to section 4.9.

3.7 Suspension of services

AKERTIQ shall be entitled to immediately block or remove the relevant profile (account), server, service, content, program, etc. in the event of non-compliance with an obligation by the Customer pursuant to Clause 4 - whether this is intentional, unintentional or the fault of a third party. If necessary, the customer can free himself from the sanction imposed by remedying the misconduct. In the event of a serious or repeated breach of an obligation, AKERTIQ reserves the right to terminate the contract immediately and without compensation and to take legal action against the purchaser.

3.8 Notifications

AKERTIQ may send all communications to the Customer by email, including but not limited to announcements regarding product updates or technical maintenance work, invoices, payment reminders, setup or termination confirmations, lost access data, etc. If AKERTIQ has a contact address that has not been valid since the Customer's order, AKERTIQ shall be entitled to make additional queries of entries (dashboards provided by AKERTIQ, public WHOIS database for domain names, etc.) with which the contact address can be assigned as clearly authorized.

3.9 Premature termination of the contract

If the Customer wishes to terminate the contract prematurely despite a valid contract and cooperation is no longer possible due to a lack of support from the Customer, AKERTIQ may voluntarily agree to premature termination of the contract in return for compensation. AKERTIQ may either invoice the actual time and effort expended or, in particular in the case of fixed prices without detailed hourly billing, demand lump-sum compensation. The flat-rate compensation shall amount to 50% of the original order volume until the start of the project, 85% in the first month from the start of the project and 100% thereafter. Any execution of an order by AKERTIQ shall be deemed to be a project start.

Rights and obligations of customers

4.1 Cooperation

The Customer undertakes to cooperate and to comply with specified tasks and deadlines so that AKERTIQ can provide the desired services in the best possible way.

4.2 Third-party rights

The customer shall be solely responsible for the legal admissibility of the domain name and the content of its Internet pages and printed matter as well as for the data and information supplied by it (design work, texts, electronic data, image files, etc.) including search terms; the same shall apply to the protection of the rights of third parties, in particular with regard to criminal law, copyright and competition law.

4.3 Miscellaneous

The customer is obliged to check all documents for incompleteness or errors of any kind and to return them immediately with any corrections/comments. With the confirmation, also tacitly, i.e. without objection, the buyer releases printed matter, postings or other service information and ideas and thereby agrees to the idea or template or implementation.

4.4 Notice of defects

The services and products provided by AKERTIQ shall be inspected by the Customer immediately upon publication. If the Customer requires productions and services that are as flawless as possible, high-quality and therefore more expensive processes with certain guarantees must be selected. In the case of video productions and photo shoots as well as image processing, in particular material from customers/buyers, minor deviations from the presentation or the template or idea cannot be objected to. Revisions at the customer's request are associated with corresponding costs. Any complaints must be made in writing immediately, at the latest within 7 days.

4.5 Delays

Delivery dates are generally non-binding. The dates stated shall correspond to the current state of planning. In the event of non-compliance, AKERTIQ shall be granted a reasonable grace period. AKERTIQ shall not accept any responsibility for any delays that may arise, in particular not if these are caused by changes at the Customer's request. In relation to the consumer, AKERTIQ shall be liable in accordance with Swiss law, but not for immaterial damage or loss of income. AKERTIQ shall not be liable in cases of force majeure.

4.6 SEO (search engine optimization)

AKERTIQ does not guarantee the success of the services and measures provided. The ranking (position) of a website in search engines depends on dozens of factors over which AKERTIQ has no influence, so that the services provided by AKERTIQ alone do not necessarily lead to success.

4.7 Advertising campaigns

AKERTIQ in no way guarantees the success of the services and measures provided to the customer. The success of a campaign depends on dozens of factors over which AKERTIQ has no influence, meaning that AKERTIQ's services alone do not necessarily lead to success.

4.8 Social Media Management

AKERTIQ offers to manage the desired channels of customers. AKERTIQ accepts no liability in the event of hacker attacks or similar illegal activities, although the usual care will of course be taken.

4.9 Special/special termination

The customer has the right to terminate the contract without notice and is entitled to a pro rata refund of prepaid costs for the remaining term of the contract if the customer suffers a disadvantage as a result of a change in accordance with section 3.6 that would have prevented him from concluding the contract at the time of the order, which the customer must credibly prove.

4.10 Payment

The customer is obliged to pay the costs for the entire duration of the contract in compliance with section 2. In the event of late payment, a reminder fee of CHF 25 per reminder letter and default interest of 15% of the outstanding amount shall be due from the invoice date. Reminders shall be sent at intervals of 10 days before any further steps are taken. AKERTIQ reserves the right to assign the matter to a third party for the purpose of collection. In the event of renewed default of payment and unsuccessful reminders or in the event of default of payment by new customers, AKERTIQ shall be entitled to block access or interrupt services. Reconnection shall then only take place after full payment, plus a processing fee of CHF 150.

4.11 Additional tasks

Work that does not fall within AKERTIQ's area of responsibility or the applicable service catalog may be refused by AKERTIQ or invoiced to the Customer in accordance with the costs incurred. Examples of such chargeable services, generally at an hourly rate, include service extensions, the restoration of a change made by the Customer and email support in relation to external systems and interfaces as well as installations and adjustments to web servers or third-party profiles.

4.12 Extended rights of use and raw data

The Customer shall generally have the agreed rights of use. For photo shoots or social media profiles in particular, a number of selected photos including image editing or image processing for a specific purpose is customary. Extended rights of use can be purchased for a small surcharge, with additional image processing being billed individually. The delivery of raw data is not provided for and may be charged additionally.

4.13 Restrictions

For services or products with limits (traffic, number of pages, number of profiles, etc.), the customer shall be invoiced for the additional volume in accordance with the newly agreed price if the respective limit is exceeded.

4.14 Use

The customer shall be obliged to make proper use of the services offered to him in compliance with Clause 1.4. The customer's right to use the services is not transferable and exists only for the customer or the customer's company and its personnel. If certain rights of use are transferred, the customer shall be responsible for informing the respective third parties and shall also be liable for them.

4.15 Liability

The Customer shall be solely liable for all content, actions and links in connection with the accounts, servers, websites, images and videos used by it. The same shall apply to manuscripts, data carriers and templates handed over to AKERTIQ, which shall of course be treated by AKERTIQ with the usual care, but shall be secured or insured by the Customer itself. With the exception of intent and gross negligence on the part of AKERTIQ, whereby the claim shall be limited solely to the direct damage suffered and the equivalent value of the services claimed, as well as any performance guarantees granted, the Customer waives any kind of liability claims against AKERTIQ, including but not limited to claims for damages, in the event of delays, operational failures, failures of individual services or performances, data insecurity or loss, etc. AKERTIQ shall not be liable in any way whatsoever. AKERTIQ shall not be liable in cases of force majeure.

4.16 Addresses

By placing an order and/or registering, the customer undertakes to provide truthful and complete information. The information shall include, if available, the company, contact person, postal address, telephone number and e-mail address. The customer is obliged to notify vonMedia of any important changes within 10 days in order to prevent difficulties in establishing contact and delays. If the contact details are deemed incomplete, incorrect or out of date and the identity of the customer can therefore only be determined with disproportionate effort or if messages to the customer cannot be delivered, AKERTIQ shall be entitled to suspend the provision of its services or to terminate the contract extraordinarily without notice and without compensation. AKERTIQ shall be entitled to charge the Customer for any costs incurred due to outdated, incomplete or incorrect contact data, whereby the minimum charge shall be CHF 25.

4.17 Data protection

The customer is responsible for maintaining the confidentiality of the website or social media profiles and the associated passwords. In addition, the customer is responsible for all incidents caused by the fact that the customer has given visitors access to his website or has passed on the password and is liable in this case for all consequences of the use or misuse of his website or password. The customer agrees that personal data may be stored and transmitted to third parties where necessary. This applies in particular to the reporting of data required for the registration of domain names, whereby this data may subsequently be published.