General Terms and Conditions KMUwebsite

1. Scope

1.1 These terms apply to all services provided by THE SAME Adventures GmbH, Hauptstrasse 28, 4102 Binningen («Provider»), under the KMUwebsite brand.

1.2 They apply to companies, self-employed persons and private individuals («Customer»). Deviating terms of the Customer only apply if the Provider confirms them in writing.

1.3 The contract consists of these terms, the service description in the appendix and the summary shown when ordering. In case of contradictions, this order applies: order summary, service description, terms.

2. Free draft and conclusion of contract

2.1 The questionnaire and the first website draft are free and non-binding. One free draft is created per customer and company. The Provider may refuse further drafts or block access in case of misuse.

2.2 The draft is a private, watermarked preview. Before payment it may not be published, copied or passed on. All rights remain with the Provider until full payment.

2.3 The contract is concluded when the Customer completes the order and the payment has been successfully booked. The Provider confirms this by email.

2.4 There is no statutory right of withdrawal for online orders in Switzerland. As the Customer can see and check the draft before payment, the Provider does not grant a voluntary right of withdrawal either.

3. Services

3.1 The scope and limits of the START, BUSINESS and PREMIUM packages, the add-ons and the Care plan are set out conclusively in the service description in the appendix.

3.2 Not included are in particular: domain registration and renewal, email mailboxes and email hosting, legal advice, trademark checks, paid advertising, photo shoots and services outside the service description.

3.3 The Provider creates texts, structure and design partly with automated tools. It does not guarantee specific results such as search engine rankings, visitor numbers, enquiries or sales.

3.4 The Provider may involve third parties (e.g. hosting, payment and technology providers).

4. Customer's cooperation

4.1 The Customer supplies the details, texts, images and logos needed for the website completely, correctly and on time.

4.2 The Customer is responsible for the accuracy of all information about their company. In particular, they check facts, prices, qualifications, opening hours and contact details before approval.

4.3 The Customer confirms that they hold the necessary rights to all content supplied. They indemnify the Provider against third-party claims arising from their content.

4.4 If, after payment, the Customer does not cooperate for more than 60 days despite two email reminders from the Provider, the project is deemed completed. Revision rounds not used by then expire. Amounts paid are not refunded.

5. Revision rounds

5.1 The number of revision rounds and the limits per round (image swaps, layout changes, style switches) depend on the package booked.

5.2 A round is used as soon as the Customer explicitly submits a set of changes in the customer area. Drafts, saving in between and previews do not use a round.

5.3 Fixing the Provider's mistakes does not use a round. Mistakes are statements that contradict the Customer's confirmed details, incorrect display and technical errors.

5.4 Further rounds, new pages, new features or a new design draft are charged according to the price list. The Provider only carries them out after the Customer explicitly orders them.

6. Approval and acceptance

6.1 The website is only published once the Customer approves it in the customer area. With approval, the website is deemed accepted.

6.2 If the Customer reports neither defects nor change requests within 14 days of a version being provided, it is deemed accepted. The Provider points out this consequence in the email announcing the version.

6.3 Minor defects do not entitle the Customer to refuse acceptance. They are fixed under the warranty.

7. Prices and payment

7.1 The prices shown when ordering apply, in Swiss francs. The Provider is currently not registered for VAT. Prices therefore do not include VAT.

7.2 If the Provider becomes liable for VAT, it may additionally charge VAT on the Care plan from that point. It will announce this at least 30 days in advance. In this case the Customer may cancel the Care plan with effect from that date.

7.3 The website price, setup and booked add-ons are payable in advance by credit card when ordering.

7.4 Once work has started, amounts paid are not refunded. Excepted is the case where the Provider cannot deliver the service through its own fault. It then refunds the amounts paid for the parts not delivered.

8. Care plan

8.1 The Care plan is mandatory for operating the website. Without an active Care plan, the website is not published or no longer operated.

8.2 The Care plan starts when the website is published, at the latest 30 days after payment, even if the Customer has not approved the website by then.

8.3 It is charged monthly in advance by credit card.

8.4 The Customer can cancel the Care plan at any time without a minimum term. Cancellation takes effect at the end of the current billing period. Months already paid are not refunded. The Provider may cancel with 30 days' notice to the end of a month.

8.5 If a payment fails, the Provider reminds the Customer by email. If the amount has not been paid 14 days after the first reminder, it may temporarily take the website offline. After 30 days of late payment, it may terminate the Care plan without notice.

8.6 The Provider may adjust Care plan prices with at least 30 days' notice. In this case the Customer may cancel the Care plan with effect from that date.

8.7 Content changes not used in a month expire and are not carried over to the following month.

9. End of contract

9.1 When the Care plan ends, the website is taken offline.

9.2 For 30 days after the contract ends, the Customer can download or request the content they supplied (texts, images, logos) free of charge. On request, the Provider delivers a technical export of the website as static HTML for a flat fee of CHF 190.

9.3 After these 30 days, the Provider may delete all project data. Legal retention obligations (e.g. accounting records) remain reserved.

9.4 The Customer's domain remains their property. The Customer is responsible for changing the DNS records at their domain provider.

10. Rights of use

10.1 After full payment, the Customer receives the non-exclusive, unlimited right to use the texts and designs created for them for their business.

10.2 The platform, software, templates, components and source code remain the property of the Provider. There is no right to receive the source code.

10.3 The Customer may only use licensed third-party images within the scope of the respective licence and only on the website.

11. Content and Customer's responsibility

11.1 The Customer is responsible for the content of their website, in particular the imprint, privacy policy, price information and industry-specific regulations.

11.2 The Provider's suggestions for the imprint, privacy policy and cookie notices are templates. They do not replace legal advice, and the Provider does not guarantee that they are legally compliant in each individual case.

11.3 The Provider may block websites with unlawful, misleading or defamatory content. The Customer remains obliged to pay in this case.

12. Warranty

12.1 The Provider fixes defects reported in writing by the Customer within 30 days of acceptance free of charge by rectification. During an active Care plan, it fixes technical errors on an ongoing basis.

12.2 Further warranty claims, in particular price reduction and withdrawal, are excluded to the extent permitted by law. If rectification fails even after two attempts, the Customer may request an appropriate price reduction.

12.3 The Provider aims for website availability of 99% on annual average. It does not owe uninterrupted availability. Announced maintenance and disruptions at third parties do not count as downtime.

13. Liability

13.1 The Provider is only liable for damage it causes intentionally or through gross negligence. Liability for slight negligence is excluded to the extent permitted by law.

13.2 Liability for indirect and consequential damage, in particular lost profit, data loss and lost sales, is excluded.

13.3 Where liability exists, it is limited to the amounts the Customer paid in the 12 months before the event causing the damage.

13.4 Mandatory statutory liability remains reserved, in particular for personal injury and under the Product Liability Act.

14. References

14.1 The Provider only shows the website as a reference if the Customer has separately and explicitly agreed. Shown are the company name, a screenshot and a link.

14.2 The Customer can withdraw consent at any time in the customer area. The entry is then removed immediately.

15. Data protection

15.1 The processing of the Customer's personal data is governed by the privacy policy on kmuwebsite.ch.

15.2 Where the Provider processes personal data of the Customer's website visitors (e.g. via contact forms), it acts as a processor under Art. 9 FADP. It processes this data only to operate the website and on the Customer's instructions.

16. Changes to these terms

The Provider may amend these terms. It announces changes for active Care plans at least 30 days in advance by email. If the Customer neither objects nor cancels before they take effect, the new terms are deemed accepted.

17. Final provisions

17.1 Should any provision be invalid, the rest of these terms remains valid.

17.2 Swiss law applies, excluding the Vienna Sales Convention (CISG).

17.3 Place of jurisdiction is Arlesheim (Canton of Basel-Landschaft). Mandatory places of jurisdiction, in particular for consumers, remain reserved.

Appendix: service description

Add-ons

Translations are created automatically; the Customer checks them before approval. The booking tool itself (e.g. a Calendly or Bexio account) is not included.

Care plan: included

• Operation of the website (hosting) on the Provider's platform
• SSL certificate for the Customer's domain
• Technical maintenance and security updates
• Daily backup with retention of at least 14 days
• Availability monitoring
• Content changes according to package; one request covers one clearly defined change, such as a text section, an image or opening hours
• Support by email on working days, usually answered within 2 working days

Care plan: not included

• Domain registration and renewal
• Email mailboxes and email hosting; the Customer's existing email records (MX, SPF, DKIM, DMARC) remain unchanged
• New pages, new features or redesigns (available as an add-on)
• Phone support, emergency work outside office hours, unlimited manual work