general terms and conditions

Article 1 – Preamble
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 implementa-
tion of projects in the elds of communication, advertising and marketing. The terms and conditions
of business below apply predominantly to the eld of development of websites and applications.
Article 2 – Purpose
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 conrmations shall, in principle, take priority over the general terms and conditions of
Article 3 – Participation by the Customer
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 eorts and costs and especially to delays for which W4 may not be held
Article 4 – Delivery and acceptance
1. W4 will present the contractually specied goods or services according to the mutually dened sche-
2. As soon as the Customer has approved the work product, implementation will take place. The con-
tract is thereby deemed fullled.
Article 5 – Rights in the work product
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 adap-
tation right involving an obligation to pay compensation; a separate fee of 50% of the initial project
value shall be due in this regard.
Article 6 – Liability for freedom from defects
1. W4 warrants to undertake the agreed work using the due care, attention and technical know-how re-
quired 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 char-
ge, 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 contai-
ned in the basic version. Where required, these have to be remedied at the expense of the Customer.
Article 7 – Legal liability
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 sta, 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.
Article 8 – Exclusion of liability
Within the limits of what is legally permissible, W4 excludes any liability for damage in connection with
the performance of the contract.
Article 9 – Condentiality
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 condentiali-
ty obligation. This obligation continues to exist after performance or repeal of the contract.
Article 10 – Advertising
W4 may, for its own purposes and in accordance with clause 9 of this contract, use screens and ap-
plications for advertising purposes and PR activities.
Article 11 – Term of the contract, right of termination
1. The contract terminates automatically upon performance of the goods of services set out in the
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.
Article 12 – Further developments
All goods or services that are not expressly listed in the order conrmation are not included in the at
fee stipulated therein. This includes in particular changes, updates and ongoing developments of a
product. Such further orders are the subject of separate negotiations.
Article 13 - Late payment
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.
Article 14 – Miscellaneous & place of jurisdiction
The masculine form used in the text shall be deemed to include the feminine. The place of jurisdiction
is the district of Baden in the Swiss canton of Aargau