Elevate Your Website's Speed, Security, and Functionality instantly.
These terms and conditions regulate the relationships between the customer and the WPPerformance and apply to their services and works.
1.1. Subject and scope of the services
The WPPerformance offers its customers advice, implementation support & operation mostly in the classic and electronic channels of customer communication. It provides high quality services that correspond to the state of knowledge and technology as well as international standards and recommendations.
2.1. Services of the WPPerformance
The individual services of the WPPerformance result from the orders placed by the customer and accepted by WPPerformance or the service descriptions from offers, order confirmations or contact reports. Together with these terms and conditions, they form the basis of the contractual relationships between the customer and the WPPerformance. Oral orders are confirmed by means of an offer (cost estimate) & order confirmation and are deemed to be tacitly approved within 48 hours without a counter report, at the latest when the client has requested the WPPerformance to start the project.
2.2. Customer services
The prices to be paid by the client for services and works result from the offer, order confirmation or the corresponding fee agreement. Unless otherwise agreed, they are exclusive of VAT.
2.3 Customer Responsibility
The customers ensure that the services for which they have entered into an agreement with WPPerformance are used in accordance with the law and the contract. Any obligations to cooperate, such as compliance with technical regulations, etc., can result from the service descriptions. Customers are responsible for ensuring that the data they provide conform to the law and that they do not infringe any third party rights (e.g. copyrights). The customers exempt WPPerformance from all claims that are raised by third parties in connection with data supplied by the customer. WPPerformance reserves the right to remove data from customers who do not meet the above requirements at its own discretion.
3.1. Invoicing
The details of the invoicing for the services used result from the service descriptions in the offer, order confirmation or fee agreement.
3.2. Terms of payment
The invoice must be paid by the expiry date stated on the invoice form. The client can raise justified objections to the invoice in writing within 10 days of receipt of the invoice. If they fail to do this, it is deemed to have been approved.
3.3. Prepayment and security
The WPPerformance can demand prepayment, partial payment or security from their customers. If the customers do not provide advance payment, partial payment or security, the WPPerformance can take the measures provided for in the service descriptions and terminate the contract without notice and without compensation. The same rule applies in the event of a debt restructuring moratorium or bankruptcy opening if the customers or the bankruptcy administration do not provide security for the payment of future bills.
4. Liability of the WPPerformance
The WPPerformance is responsible to the customer for the careful and contractual provision of their services in accordance with the offer, order confirmation or contact report. Any liability for direct or indirect damage as well as for consequential damage and lost profit is excluded. A claim for damages is excluded if WPPerformance cannot fulfill the obligation because the suppliers or service providers change their policy or infrastructure. In such a case, reparation expenses are to be borne by the client.
5.1. Copyright
The customer expressly recognizes the agency’s intellectual property, in particular the copyright to all services created in the context of the collaboration between WPPerformance (synopsis for concepts, presentation documents, design proposals, text, image, sound, graphic work, photos, films, labels, packaging, branding marks Names, radio spots, TV spots, websites, software or APP applications, etc.).
5.2. Usage rights
With the payment of the final invoice, the usage rights of WPPerformance (design, text, etc.) are transferred to the customer for further use within the same application (secondary use is the subject of negotiations). This does not include a priori rights of third parties (photographers, models, artists, programmers, etc.). On request, WPPerformance takes on the relevant clarifications and negotiations.
5.3. Force majeure
If, despite all due care, a party cannot meet its contractual obligations due to force majeure such as natural events of particular intensity, armed forces, strikes, unforeseen official restrictions and criminal attacks on the systems of third parties (hackers) etc., the contract performance or the deadline will be canceled postponed for the fulfillment of the contract according to the event that has occurred.
5.4. Billing
The client does not offset debts to the WPPerformance against their own claims without their consent.
These terms and conditions come into force with the acceptance of the order.
Transfer of rights and obligations
Neither party may transfer rights and obligations from this contract to third parties without the prior written consent of the other party.
The contract is subject to Swiss law.
The exclusive place of jurisdiction is the seat of the WPPerformance. The WPPerformance can also bring lawsuits against customers at their headquarters or domicile.
Depending on the mandate, different protection interests of the parties are affected. The essential points are in the data protection declaration on touchpoints.ch/kontakt/datenschutz
Shop, 11.2021
1 Scope
These Terms and Conditions govern the relationship between the Customer and Touchpoints and apply to their services and works.
2. Subject and scope of services
Touchpoints offers its customers advice, implementation support & operation, mainly in the classic and electronic channels of customer communication. It provides high-quality services that correspond to the state of the art and technology as well as international standards and recommendations.
3. Services and responsibility
3.1. Services of the Touchpoints
The individual services of the Touchpoints result from the orders placed by the customer and accepted by Touchpoints or the service descriptions from offers, order confirmations or contact reports. Together with these General Terms and Conditions
, they form the basis of the contractual relationship between the customer and Touchpoints. Verbal orders are confirmed by means of an offer (cost estimate) & order confirmation and are deemed to be tacitly approved without a counter-report within 48 hours, at the latest when Touchpoints is requested by the client to start the project.
3.2. Services of the customers
The prices to be paid by the clients for services and works result from the offer, order confirmation or the corresponding fee agreement. They are exclusive of VAT, unless otherwise agreed.
3.3. Responsibility of the customers
The customers ensure that the services for which they have made an agreement with Touchpoints are used in accordance with the law and the contract. Any obligations to cooperate, such as compliance with technical regulations, etc., may arise from the service descriptions. Customers are responsible for ensuring that the data they provide complies with the law and does not infringe the rights of third parties (e.g. copyrights). Customers release Touchpoints from all claims made by third parties in connection with data provided by customers. Touchpoints reserves the right to remove data from customers that do not meet the above requirements at its discretion.
4.
Invoicing and payment terms
4.1. Invoicing
The details of invoicing for the services requested are set out in the service descriptions in the offer, order confirmation or fee agreement.
4.2. Terms of payment
The invoice must be paid by the due date stated on the invoice form. The clients can raise written and justified objections to the invoice within 10 days of receiving the invoice. If they fail to do so, it is deemed to have been approved.
4.3. Advance payment and security
Touchpoints can demand advance, partial payment or security from its customers. If the customers do not make an advance, partial payment or security, Touchpoints can take the measures provided for in the service descriptions and
terminate the contract without notice and without compensation. The same rule applies in the event of a debt restructuring or bankruptcy if the customers or the bankruptcy administration do not provide security for the payment of future invoices.
5. Liability of Touchpoints
Touchpoints is responsible to the customer for the careful and contractual provision of its services in accordance with the offer, order confirmation or contact report. Any liability for direct or indirect damages as well as for consequential damages and lost profits is excluded. A claim for damages is excluded if Touchpoints cannot fulfill the obligation because the suppliers or service providers change their policy or infrastructure. In such a case, the customer must bear the costs of repairs.
6. Special provisions
6.1. Copyright
The customer expressly acknowledges the intellectual property of the agency, in particular the copyright to all services created as part of the collaboration between Touchpoints (exposés for concepts, presentation documents, design suggestions, text, images, sound, graphic work, photos, films, labels, packaging, brand logos, signatures, radio spots, TV spots, Internet presence, software or APP applications, etc.).
6.2. Rights of use
Upon payment of the final invoice, the rights of use of Touchpoints (design, text, etc.) are transferred to the customer for further use within the same application (secondary use is the subject of negotiations). This does not include a priori any rights of third parties (photographers, models, artists, programmers, etc.). Touchpoints will undertake the appropriate clarifications and negotiations upon request.
6.3
. Force majeure If
, despite all due care, a party is unable to meet its contractual obligations due to force majeure such as natural events of particular intensity, warlike events, strikes, unforeseen official restrictions and criminal attacks on the systems of third parties (hackers), etc.
, the fulfillment of the contract or the date for the fulfillment of the contract will be postponed in accordance with the event that has occurred.
6.4. Offsetting
The clients do not offset debts to Touchpoints against their own claims without their consent.
7. Fulfillment
These General Terms and Conditions come into force upon acceptance of the order.
8. Final provisions
Transfer of rights and obligations
Neither party may transfer rights and obligations under this contract to third parties without the prior written consent of the other party.
9. Applicable law and place of jurisdiction
The contract is subject to Swiss law.
The exclusive place of jurisdiction is the registered office of Touchpoints. Touchpoints can also bring legal action against customers at their registered office or place of residence.
Data protection information
Depending on the order, different protection interests of parties are affected. The key points are set out in the data protection declaration at www.touchpoints.ch/datenschutz
TP Winkel, 10.2023
