General Terms and Conditions
1. Scope
1.1 These general terms and conditions apply to all contracts between mediapuls, owner Timo Haldi, Stanserstrasse 100, 6064 Kerns, Switzerland (the «Agency») and the client.
1.2 Deviating terms of the client apply only where the Agency acknowledges them in writing. Whatever is individually agreed in the quotation or contract takes precedence over these terms.
1.3 The German version is authoritative. This English version is a translation; in case of discrepancies, the German wording prevails.
2. Quotation and Formation of Contract
2.1 The first consultation and the quotation are free of charge and non-binding.
2.2 The contract is formed upon the client's confirmation, or at the latest when work begins.
2.3 What is owed follows from the quotation. Verbal agreements are confirmed in writing. Email qualifies as written form.
3. Services
3.1 The Agency provides services in web design and web development, app development, e-commerce, online marketing and consulting.
3.2 The Agency works professionally and with due care. It owes the agreed service, not a particular commercial outcome. No specific search engine ranking, reach or number of enquiries is guaranteed.
3.3 The Agency may engage third parties to perform the contract and remains responsible towards the client.
3.4 Force majeure, illness or the failure of essential third-party services entitle the Agency to postpone deadlines by the duration of the impediment.
4. The Client's Cooperation
4.1 The client provides the necessary information, access and materials in good time and free of charge. Delays caused by a lack of cooperation are not at the Agency's expense.
4.2 Content is supplied by the client. Texts, images and other content are not included in the price. Where the Agency creates or sources them on request, this is billed by the hour.
4.3 The client ensures that the content it supplies is free from third-party rights and does not infringe applicable law. The client indemnifies the Agency against third-party claims arising from it.
5. Prices and Payment
5.1 The price agreed in the quotation applies. All prices are in Swiss francs. The Agency is not registered for value-added tax; no VAT is charged.
5.2 Payment terms and any instalments follow the quotation. Absent a differing agreement, invoices are payable within 30 days of the invoice date without deduction.
5.3 In the event of payment default, statutory default interest applies. The Agency may suspend ongoing work after prior notice until outstanding invoices are settled.
6. Not Included in the Price
The following costs are not included in the fee and are passed on by the hour or at cost, unless agreed otherwise:
- Texts, images and other content (clause 4.2)
- Domain fees and hosting outside a Care Plan
- Third-party licences, in particular fonts, stock photography and paid plugins
- Payment and transaction fees for shop solutions
- Translation work
- Travel and expenses for on-site work
7. Deadlines and Acceptance
7.1 Deadlines are binding where they have been expressly agreed as binding. They are extended reasonably where the client supplies content or approvals late, or is in default of payment.
7.2 On completion the client reviews the work and reports defects. If the work is put into productive use, or if no response is given within a reasonable period, it is deemed accepted.
8. Changes and Cancellation
8.1 Where the client requests changes to the agreed scope, the Agency states the additional effort in advance. Implementation follows after approval.
8.2 On cancellation the client owes the services rendered up to that point as well as commitments already entered into with third parties.
9. Subscriptions and Care Plans
9.1 Care Plans have a minimum term of twelve months, the website subscription a minimum term of 24 months. Both renew for a further twelve months unless cancelled 30 days before the end of the current period.
9.2 Fees are payable annually in advance. Monthly payment is available by card or direct debit.
9.3 With the website subscription the Agency pre-finances the build. If the subscription ends before the minimum term for reasons attributable to the client, the outstanding monthly instalments fall due. Usage rights transfer only once payment has been made in full.
9.4 Time allowances included in Care Plans relate to the respective calendar month. Unused time expires and is not paid out. Work beyond the allowance is billed by the hour.
9.5 In the event of continued payment default, the Agency may suspend its services after a reminder. The obligation to pay remains in force.
9.6 Price adjustments for recurring services are announced 60 days before the start of the next contract period. The client may then terminate effective from that date.
10. Warranty and Liability
10.1 Defects reported after acceptance are remedied by the Agency within a reasonable period. Excepted are defects resulting from changes by the client or third parties, from improper use, from supplied content, or from changes to third-party services, browsers and operating systems.
10.2 Where a website is operated without a Care Plan, responsibility for updates and security lies with the client.
10.3 The Agency is liable for intent and gross negligence. Liability is limited to the value of the engagement concerned. Liability for indirect damage, consequential damage, lost profit and data loss is excluded to the extent permitted by law.
10.4 The client alone is liable for content it supplies or maintains itself. The Agency is not liable for outages of third-party services such as hosting or payment providers.
11. Copyright and Usage Rights
11.1 Upon payment in full the client receives the right to use the work created for the agreed purpose.
11.2 The rights to concepts, source code components, libraries and know-how not developed specifically for the client remain with the Agency, which may reuse them in other projects.
11.3 The Agency may show the project as a reference after launch, unless the client objects.
12. Confidentiality and Data Protection
12.1 Both parties treat the other's business secrets as confidential, including after the collaboration ends.
12.2 The Agency processes personal data in accordance with the Swiss Data Protection Act and, where applicable, the GDPR. Details are set out in the privacy policy. Data required to run the project may be stored on common cloud services.
13. Final Provisions
13.1 Changes to these terms and to the contract require written form.
13.2 If a provision is invalid, the remaining provisions are unaffected.
13.3 Swiss law applies exclusively. The exclusive place of jurisdiction is the Agency's domicile in Kerns, Canton of Obwalden. Mandatory statutory places of jurisdiction, in particular those in favour of consumers, remain reserved.
Last updated: August 2026