General terms and conditions

The enterprises in the W4 Group (hereinafter referred to as W4) are enterprises which are involved in the development of websites and applications as well as in the creation, conception and implementation of projects in the  fields of communication, advertising and marketing. The terms and conditions
of business below apply predominantly to the field of development of websites and applications.

These general terms and conditions of business stipulate the contractual rules between the customer (hereinafter referred to as the Customer) and W4. Any items agreed with the Customer in the res-
pective order confirmations shall, in principle, take priority over the general terms and conditions of
business.

The Customer undertakes to provide assistance in the coordination and implementation of the project and to make available to W4 all information and materials necessary as well as to comply with all mutually agreed dates. The Customer is aware that a failure to assist or inadequate assistance by him may lead to additional efforts and costs and especially to delays for which W4 may not be held
responsible.

1. W4 will present the contractually specified goods or services according to the mutually defined schedule.

2. As soon as the Customer has approved the work product, implementation will take place. The contract is thereby deemed fulfilled.

1. Upon payment of the fee, the Customer obtains the unlimited, global, transferable, free right of use.

2. Ownership as well as all intellectual property rights including copyright remain with W4.

3. The Customer grants W4 the right to discreetly place its company name on the work product with an
appropriate notice stating that W4 is the creator.

4. W4 is the owner of the copyrights of the programs created by W4, even if these are designed and
programmed specially for the Customer.

5. The source code of the program remains in the ownership of W4. Upon request the source code may
be provided to the Customer. The provision of the source code to the Customer represents an adaptation right involving an obligation to pay compensation; a separate fee of 50% of the initial project
value shall be due in this regard.

1. W4 warrants to undertake the agreed work using the due care, attention and technical know-how required in order to produce a qualitatively sound product and - applying modern technology - in order to use this in accordance with its intended purpose.

2. W4 undertakes to remedy defects which have arisen due to the work carried out by W4, free of charge, during a warranty period of three months from performance of the contract.

3. If open-source software is used, W4 does not assume any liability for any malfunctions already contained in the basic version. Where required, these have to be remedied at the expense of the Customer.

1. The Customer warrants that the materials, documents, images, texts, sounds etc. that are made
available to W4 are owned by the Customer or that the Customer has obtained a licence from the persons entitled to grant such a licence.

2. W4 warrants that only such materials, documents, images, texts, sounds etc. have been used in the
creation of the homepage:

I. that have been provided by the Customer, or
II. that have been developed by its own staff, or
III. that are free from respective third party rights, or
IV. for which a licence has been obtained from the person entitled to grant such a licence.

Within the limits of what is legally permissible, W4 excludes any liability for damage in connection with
the performance of the contract.

 W4 undertakes to keep secret, in connection with the implementation, all of the Customer‘s business
secrets observed, documents received and any other information. W4 further undertakes to place any
third parties who may be brought in by W4 for the performance of the contract under the Confidentiality obligation. This obligation continues to exist after performance or repeal of the contract. 

W4 may, for its own purposes and in accordance with clause 9 of this contract, use screens and applications for advertising purposes and PR activities.

 1. The contract terminates automatically upon performance of the goods of services set out in the
contract.

2. If the delivered product comprises maintenance services, the terms regarding these will be set out in a separate agreement.

3. If the delivered product comprises a hosting service agreement, the terms regarding this will be set out in a separate agreement.

All goods or services that are not expressly listed in the order confirrmation are not included in the flat fee stipulated therein. This includes, in particular, changes, updates and ongoing developments of a product. Such further orders are the subject of separate negotiations.

 In the event of late payment, a contribution towards the costs of default and processing charges of CHF 280 plus default interest of 9% per annum will be charged. In the event of the Customer‘s default
of payment, W4 is entitled to instruct third parties to collect any payments due and to assign any claims to third parties in Switzerland and abroad. 

W4 Hourly packages shall be invoiced in advance . Hourly reports are kept weekly to ensure transparency. If the hourly package is used up, W4 will inform the client in good time. A reduced hourly rate can only be guaranteed if hourly packages are purchased. The cooperation can be terminated at any time. Hours of the purchased hourly package that have not been used will not be reimbursed.

 Developing software that works across multiple web browsers is a must and we want to ensure that
our clients are not limited by the web browser they use. However, we do recognize that developing Websites
which operates identically, effectively and efficiently on all web browsers is also impossible to achieve.
For this reason, W4 can only guarantee that the websites it develops will only work properly with the
browsers listed on https://www.w-4.ch/en/w4/compatibility-list. If other browsers need to be supported,
this generally results in extra costs. 

The masculine form used in the text shall be deemed to include the feminine. The place of jurisdiction is the district of Zurich in the Swiss canton of Zurich.