Scope of Applicability
These General Terms and Conditions (AGB) apply to all services provided by Brackmedia International s.r.o. to its customers. They govern the contractual relationship between the provider and the customer regarding the creation, maintenance, and support of websites, as well as additional optional services.
Subject of the Contract
The provider creates a custom website for the customer and additionally provides maintenance and support services under a subscription model. The exact scope of services and additional options can be individually booked by the customer.
Contract Duration and Termination
The minimum contract duration is 24 months from the date of contract signing. After the minimum term has expired, the contract can be terminated on a monthly basis.
Termination must be made in writing via email. Termination before the end of the 24 months is possible but obliges the customer to pay the remaining amounts until the 24 months are fulfilled. At the customer’s request, the domain can be transferred to them.
Prices and Payment Terms
The monthly price for the creation and maintenance of the website is X Euros. Invoicing occurs on the 25th of each month, payable within 10 days.
Late fees will be charged at the provider’s discretion. If payment is not made within 30 days, the provider reserves the right to take the website offline until the outstanding amounts are settled.
Scope of Services
The provider commits to creating a customized website for the customer and maintaining it regularly. The scope of services includes:
- Regular maintenance and protection against hacking (without liability for damages).
- Professional email addresses and secure hosting.
- Adjustments: Changes that take less than one hour per month are included in the price. Additional changes will be billed at an hourly rate.
- Backups: Regular backups will be performed, with no specific frequency set.
- The provider is not liable for outages or errors of third-party providers, such as hosting or email services.
Ownership and Usage Rights
The website remains the property of the provider. The customer rents the website for the duration of the contract and does not acquire ownership rights to the website.
After the contract ends, the website will be taken offline, and the customer will no longer have access to it. The domain can be transferred to the customer upon request.
Loyalty Bonus
Customers who continue the contract beyond the 24 months are entitled to individually agreed loyalty offers. The provider will contact the customer in a timely manner before the minimum term expires to discuss new terms.
Liability Disclaimer for Content
The customer is responsible for the legal permissibility and content of the provided information, particularly in the context of content creation and community management. The provider disclaims any liability for legal consequences, such as copyright infringements or illegal content.
Device and Browser Compatibility
The provider ensures that the created website is tested on common browsers and devices. However, no guarantee is given for compatibility with all possible systems and devices.
Liability Disclaimer
The provider assumes no liability for damages caused by technical problems, server outages, or security incidents. However, the provider commits to ensuring the best possible service.
The provider is not liable for services provided by third parties such as hosting or email services.
Data Protection and Confidentiality
The provider commits to complying with the General Data Protection Regulation (GDPR) and treating all customer data confidentially. A detailed privacy policy is available on the provider’s website.
The customer is responsible for obtaining all necessary consents to allow the provider to process personal data, particularly in the context of services such as community management or Google Ads.
Support and Communication
The provider offers support via email and WhatsApp and generally responds within 12 hours. Critical issues will be resolved within 24 hours.
Binding communications must be made in writing via email. Customers can also use the ticket system on the provider’s website to submit support requests.
Maintenance Work and Availability
Scheduled maintenance that causes temporary unavailability of the website will be communicated to the customer in advance.
Contract Transfer
The customer may not transfer the contract to third parties without the written consent of the provider. The customer is not authorized to resell or sublet the created website or associated services. In such cases, a new contract must be concluded.
Defect Notification
The customer must report any defects in the website or the provided services in writing to the provider within 14 days of completion. After this period, the service is considered accepted.
References and Marketing
The provider reserves the right to name the customer as a reference in marketing materials and on its website. The customer can object to this use in writing.
Dispute Resolution
In case of disputes, both parties agree to initially seek mediation or out-of-court settlement before taking legal action.
Force Majeure
The provider is not liable for delays or failures to perform due to events of force majeure, such as natural disasters, pandemics, wars, or other unforeseeable circumstances.
Additional Services and Optional Services
The provider offers the following additional services beyond the standard services:
- Premium Support: The customer can book premium support, which guarantees faster response times and priority handling of requests. The exact terms and prices will be individually agreed upon.
- Community Management: The provider offers community management for the customer’s social media channels, including comment moderation, user interaction, and regular content. Costs and scope of services will be coordinated individually.
- Content Creation: Upon request, the provider creates content such as blog posts, social media posts, and videos. Prices are calculated based on the effort and customer requirements.
- Google Ads Management: The provider manages Google Ads campaigns, including creation, optimization, and reporting. Costs depend on the budget and complexity of the campaign.
- Other Services: The provider also offers services such as search engine optimization (SEO) and social media management. Prices and scope of services will be individually agreed upon.
Jurisdiction and Applicable Law
The jurisdiction for all disputes arising from these AGB is Weinfelden, Switzerland.
The contract is subject to international commercial law and the applicable legal provisions.
Changes to the AGB
The provider reserves the right to change these AGB at any time. Changes will be communicated to the customer in writing. If the customer does not object within 30 days of receiving the notice, the changes are considered accepted.