General terms and conditions
1. Payment
1.1 All prices are quoted in Swiss francs, unless otherwise agreed by both parties.
1.2 Payment shall be made within 30 days of invoicing.
1.3 Projects are invoiced with an 30-50% deposit. The remaining amount will be charged according to the number of hours worked in each stage.
1.4 Unless otherwise agreed in writing, destinazio shall charge an hourly rate of CHF 140.00 for all work. For express projects commenced within 24 hours during standard operational hours, an additional urgency fee of CHF 40.00 per hour shall be imposed.
1.5 In case the client does not meet the payment obligations, destinazio reserves the authority to either suspend the services or/and repurpose the work that has been completed until that point, during which the agency maintains complete ownership of the usage rights.
1.6 If the project is delayed by the client, destinazio shall nevertheless be entitled to demand the full amount of the project.
2. Website
2.1 Without any other agreement, contents like texts and images will be provided by the client.
2.2 Costs incurred for payable plug-ins or/ and SaaS-Solutions, requested by the client, will be invoiced separately. If the estimated working hours are exceeded at the client’s request, the client may be charged for the additional expense.
2.3 A test-phase is planned for the first 15 days after the official online live-going. During this time, destinazio will correct all defects and bugs that appear. After the 15 days from the live-going, all defects, bugs and corrections will fall into technical support at the normal hourly rate.
2.4 destinazio is committed to providing advance notice to the client regarding scheduled maintenance or other anticipated operational disruptions.
However, destinazio cannot be held liable for interruptions of the website, in particular, but not limited to, due to maintenance work, migration, troubleshooting, or force majeure. destinazio disclaims any liability for related damages, penalties, fines, claims for damages, lost profits or orders and other related claims.
Additionally, destinazio disclaims any liability for any issues arising from third-party web and SaaS providers.
2.5 destinazio will not assume any responsibility for malfunctions that may occur if the client makes modifications to the website or engages a third party to make changes. The agency bears no responsibility for any resulting issues in these scenarios. In such cases, the regular support fees and conditions will apply.
2.6 Website & CMS-Training and the related creation of video content is charged at the normal hourly rate.
3. Hosting, Domain & E-mail
3.1 Hosting services, Domain and E-mail Hosting will be charged until 31.12. respectively from 01.01. until 31.12. of the following year.
3.2 destinazio shall not be held liable for the management of pre-existing agreements within the realm of third-party services, including but not limited to web hosting, domain hosting, and mail hosting.
3.3 The hosting or domain name contracts offered by destinazio must be terminated in writing and signed by e-mail with PDF or by post no later than 30 days before the end of the year, otherwise the contract will be automatically extended for another year.
3.4 Support and installation of email accounts on email software (e.g. Macmail, Outlook etc.) on computers, smartphones, tablets and other devices will be invoiced at the normal hourly rate.
3.5 destinazio cannot be held liable for web & e-mail hosting interruptions in particular, but not limited to, due to maintenance work, migration, troubleshooting or force majeure. destinazio disclaims any liability for related damages, penalties, fines, claims for damages, lost profits or orders and other related claims.
Additionally, destinazio disclaims any liability for any issues arising from third-party hosting providers.
3.6 The client bears the responsibility to ensure that stored data adheres to the relevant data protection regulations. destinazio disclaims any liability for compliance in this regard. destinazio assumes no liability for the content and use of any created privacy policies. Likewise, we assume no liability for the way in which the cookies are handled or the cookie banner on our website and any client website.
4. Support & maintenance
4.1 Support can be provided through two options: on an hourly basis or in accordance with predefined service contracts. The specifics of service contracts, including terms and costs, for the support services are delineated in separate agreements.
5. Availability of Operations & Response
5.1 destinazio shall provide its services, including maintenance, servicing, support, and system monitoring, during operational hours.
5.2 Unless otherwise specified, operational hours are scheduled from Monday to Friday, 9:00 am to 5:00 pm (excluding public holidays and local non-working days). Requests received outside these hours will be addressed during the next available support window. The standard reaction time is set at 48 hours (within operating hours).
5.3 destinazio undertakes to initiate fault repair within the stipulated reaction time and aims to finalize it within a predefined timeline, subject to the fault's classification as defined in the contract.
5.4 Upon the customer's request, destinazio may provide services outside operational hours or within faster time frames for an additional fee. See Point 1.3.
5.5 During officially announced holidays, as communicated in advance, destinazio's regular operations will be temporarily suspended. However, urgent matters that require immediate attention will still be addressed during these holiday periods. Clients are encouraged to prioritize urgent requests and understand that non-urgent operations will resume once the holiday period concludes.
6. Online-Marketing
6.1 If the client commissions destinazio with the online marketing service, the client and destinazio shall first agree on the wording with regard to which the website is to be found preferentially in search queries and an improved position in the search result lists. destinazio shall research the expected search volumes and alternative search formulations for this purpose.
6.2 The client agrees that destinazio shall set up and administer accounts, tools and/or entries (e.g. Google Account, Google My Business Entry, Google Analytics Account, etc.) with the respective "third party providers" in the name of the client to the extent agreed and necessary for the provision of services.
6.3 Unless expressly agreed otherwise, destinazio provides search engine optimisation services exclusively with regard to the results of the Google search engine due to the high relevance of the Google search engine. Due to the technical proximity of the algorithms, an improvement can also be expected in the results of other search engines.
6.4 Search engine advertising functions in such a way that the user of an Internet search engine (e.g. the search engines "www.google.com" of Google Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA) is shown ads linked to a specific Internet page after entering search terms above or alongside the actual search results. The insertion as such is free of charge; costs are incurred when an Internet user views or clicks on a displayed ad. The number of views and clicks depends on industry demand and budget.
6.5 The insertion of an advertisement is always initiated by the search engine operator if the keywords are identical with the search terms entered by the search engine user. If several companies have booked ads for certain keywords, it may happen that not all ads are displayed for reasons of space, over which destinazio has no control. In this case, the search engine operator automatically determines which ads are displayed in this case and in which order they are displayed for each search process by means of a so-called auction.
5.6 The algorithms as well as the presentation of the result lists, in particular their sorting, are exclusively at the discretion of the respective search engine operator. The client is aware that destinazio has no influence on this.
7. Mandates
7.1 destinazio can be hired for consulting, support, creation in the development and implementation of communication, mission statement, brands, CI/CD (Corporate Identity/Corporate Design), advertising, marketing and strategy for companies and organisations and their products and services. Planning and implementation (project management) of interdisciplinary projects in the context of branding, communication and marketing projects of all kinds.
7.2 During the project's duration, destinazio is dedicated to upholding the confidentiality of all client information shared with its employees and freelancers, whether coincidentally or deliberately. Any data marked as confidential will continue to be treated as such even after the project concludes.
7.3 destinazio undertakes to safeguard the general interests of the client towards third parties to the best of its knowledge and belief. destinazio shall notify the client of any deviations from the budget and schedule; the agency may also expect the client to inform destinazio of any changes in the budget and deadlines without delay.
7.4 destinazio shall be entitled to involve third parties in the fulfilment of the mandate; it shall ensure their careful selection, instruction and monitoring. In relation to third parties, the Agency acts on behalf of and for the account of the client. destinazio assumes no liability for the guarantee of the services of third parties commissioned by the customer.
7.5 The client expressly acknowledges the intellectual property of destinazio, in particular the authorship of all services created by the agency within the framework of the cooperation; destinazio is entitled to use the works named as authors as reference objects of the agency in documentations and advertising appearances of the agency. destinazio assigns to the client, after payment of the full fee, the temporally, geographically, factually and personally unrestricted right of use to all works created within the framework of the cooperation, including the right to edit the created works.
7.6 destinazio shall be liable for the careful execution of the orders. Liability shall be limited to the amount of the fee for the last six months as stated and paid by the client within the framework of the project complained about. destinazio shall not assume any liability beyond this liability for fault, in particular not for consequential damages and claims of third parties.
8. Print data
8.1 The customer is obliged to order a PA (print approval). In the event of changes, the printing order may be delayed.
8.2 After receipt of the PA, destinazio assumes no liability for errors or defects on the printed documents, nor if the printer processes the data incorrectly.
9. Affiliate marketing
9.1 This product is aimed exclusively at existing destinazio customers.
9.2 An order must have been signed and processed for a refund to be available.
9.3 The amount will only be transferred after full payment of the contract.
9.4 destinazio. reserves the right to change the conditions of this product.
10. Other
10.1 destinazio does not assume any liability for the effect of the work carried out in public.
10.2 These general terms and conditions are subject to Swiss law. Exclusive place of jurisdiction is Siders (VS).
