Terms and Conditions (GTC)
General terms and conditions and customer information in the context of optimization contracts for search engine optimization activities and similar tasks between Regios GmbH (under the brand name "SEO Suisse" or directly), hereinafter referred to as "provider" - and the customer - hereinafter referred to as "customer". getting closed.
1. Scope and general information
(1) Subject to individual arrangements and agreements that take precedence over these terms and conditions, the following terms and conditions shall apply to the business relationship between the provider and the customer in their version valid at the time of the order. Upon conclusion of the contract, the customer agrees to their validity and inclusion in the contract. Conflicting terms and conditions of the customer expressly do not apply, unless the provider agrees to their validity in writing.
2. Conclusion of contract
(1) All offers made by Regios GmbH are only a non-binding invitation to the customer to submit a corresponding contract offer to the provider. Only when the provider has received the signed contract of the customer, the optimization activity formulated in the contract begins.
3. Subject matter, nature, delivery, availability of goods
(1) Subject matter of the contract is the services specified in the contract at the end prices stated in the contract (plus VAT). (2) The exact scope of the services provided is given in the descriptions in the contract. No other descriptions or agreements are valid unless explicitly stated in the contract. (3) If the package selected by the customer in the contract offer is temporarily or permanently unavailable, the supplier shall inform the customer of this in the order confirmation. In the event of a delay of more than two weeks in the contract, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract, on the condition that the contract is based on a continuing obligation. The supplier is also entitled to a right to a solution if an unforeseeable impediment to performance that can not be overcome by reasonable expenditure occurs, unless the provider is responsible for this. In this case, the provider will refund any payments already made by the customer immediately.
4. Retention of title
(1) The provider retains title to any items delivered to the customer until full payment of the agreed purchase price. The provider is entitled to take back the item if the customer behaves contrary to the contract. (2) The customer is obliged, as long as the property has not been transferred to him, to handle the item with care. (3) The customer is not entitled to sell, pledge, award or otherwise dispose of the item until full payment has been made. The customer must notify the provider immediately, as far as access by a third party to the property owned by the provider, such as seizure, arrest, seizure, exercise of landlord lien or similar measures. (4) By paying the last installment ownership of the item is readily transferred to the customer.
5. Performance, prices, other costs
(1) The provision of services for one-off SEO services such as on-site optimization takes place within 7-14 business days after the conclusion of the contract, unless otherwise agreed in the contract. Services in ongoing on-site optimization contracts are provided on a monthly basis within the agreed time frame as long as the contract is active. (2) All prices quoted on the website of the provider are exclusive of the applicable value added tax. (3) In addition to the costs agreed in the contract, additional costs may be incurred for paid third party services (eg search engine marketing). The customer will be informed in advance and these will be billed separately to the customer after his approval. (4) Unless otherwise agreed by contract, OffSite Optimization Campaigns will determine the number and type of links to be created at the reasonable discretion of the provider. The supplier's discretion is based in particular on the algorithms of the search engines valid at the time of execution of the order, the link profile of the customer's page, as well as any actions of competitors. The provider informs the customer about the discretionary decision made in good time. (5) The provider is entitled to commission subcontractors in whole or in part with the fulfillment of the contract.
6. Terms of payment, set-off and right of retention
(1) The customer can make the payment by bank transfer or direct debit. (2) The payment is due immediately upon receipt of the invoice. Unless otherwise agreed, the payment period is 10 days net. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case, he has to pay the provider default interest in the amount of 5 percentage points above the respective base rate. (3) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by delay by the provider. (4) The customer can only set off counterclaims that have been determined by a court, are undisputed or have been acknowledged in writing by the supplier. A right of retention can only be exercised by the customer if the underlying claims stem from the same contractual relationship.
7. Minimum contract term, termination
(1) The minimum contract term for OffSite Optimization Contracts is 30 calendar days and is automatically extended to the end of the month, unless the contract is terminated in writing (mail or e-mail) 7 working days before the end of the month, and unless otherwise agreed. (2) The contract may be terminated by the provider in accordance with paragraph 1 at any time at the end of the month without giving reasons. (3) The contract period for the AllInclusive contract is 12 calendar months and the contract can then be extended or terminated by agreement. (4) The AllInclusive Agreement may be terminated by the Customer at any time subject to a three-month notice period. (5) The right to extraordinary termination for cause remains unaffected. (6) Termination must be in writing (mail or e-mail).
(1) Claims of the customer for damages are excluded. (2) Excluded from this are claims for damages of the customer against the provider, his legal representative, or vicarious agents for injury to life, limb or health. Excluded are also claims for damages for property and pecuniary losses against the provider, his legal representative, or vicarious agents, as far as a material contractual obligation was violated. In this respect, however, the claim is limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract. Significant contractual obligations are those whose violation would endanger the achievement of the purpose of the contract. The provider is also liable for other damages that are based on an intentional or grossly negligent breach of duty by him, his legal representative, or vicarious agents. (3) Liability shall be excluded in the case of disadvantageous changes in the search engine placement during the execution or after completion of the contractually owed services. The placement is determined solely by the search engine operators and can not be guaranteed by the provider for this reason.
9. Information on data processing, confidentiality
(1) The provider receives in the context of the processing of the contracts access to data of the customer. He observes the statutory provisions. Without the consent of the customer, the provider will only process or use the customer's data, insofar as this is necessary for the execution of the contractual relationship. (2) In the context of OffSite Optimization Contracts, the provider is entitled to use the brand name, the website name and the customer's logo on third-party websites in order to increase the popularity of the customer's website. (3) Without the express consent of the customer, the provider will not use the data of the customer (such as files, access data, or traffic statistics) for purposes of advertising, market or opinion research, or to third parties. (4) The customer undertakes to keep secret all business and trade secrets, contractual conditions and other information which he or she is aware of as being confidential in the course of performance of the contract, unless these are generally known. This applies in particular to information concerning the search habits or the technical requirements of the search engines, as well as information concerning the method of operation or correspondence with the provider. This obligation also applies after completion of the contract work for a period of two further years. (5) The provider does not check the data provided to him by the customer for any rights of third parties. The liability risk lies exclusively on the side of the customer. The customer herewith releases the provider from all claims of third parties in connection with the transfer of data.
(1) The structure and content of the website of the provider are protected by copyright. The duplication of information or data, especially the use of parts of the page, or images requires a written consent by the provider.
11. Links to other websites
(1) Insofar as the internet offer of the provider refers to third party websites or links to these, no guarantee and liability for the correctness or completeness of the contents and the data security of these websites can be assumed. Since the provider has no influence on the observance of data protection regulations by third parties, the customer should check the offered privacy statements separately.
12. Final provisions
(1) The law of the Swiss Confederation applies to contracts between the supplier and the customer. This choice of law applies to a consumer only insofar as it does not violate any mandatory statutory provisions of the state in which he has his domicile or habitual residence. The validity of the UN Sales Convention is expressly excluded. (2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider. (3) The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. (4) Changes to these terms and conditions are reserved. Changes may only be made by the provider if they are reasonable for the customer taking into account his interests. The provider informs the customer of any changes. The customer has the right to object to the changes in writing (mail or e-mail) within 4 weeks. If the customer does not contradict form or deadline, the changed conditions apply without restriction. The customer is separately informed of the possibility of a contradiction, the form and deadline to be observed, as well as the legal consequence of a non-formal and / or timely objection.