Terms and Conditions
Last updated: 23 October 2026
These terms govern the work between web-wiiser and its customers. How we handle personal data is described in the privacy policy. Different terms agreed in a quote or order confirmation take precedence over these terms. This is a translation; if the versions differ, the German version prevails.
- Scope and provider
- Services
- Conclusion of contract
- Customer cooperation
- Prices, invoicing and payment
- Term and termination
- Availability, maintenance and backups
- Acceptance and warranty
- Rights to the work
- Version control via GitHub
- Use of artificial intelligence
- Data protection and processing on behalf
- Security and misuse
- study-wiiser
- Liability
- Changes to these terms
- Final provisions
1. Scope and provider
The provider is web-wiiser — web design, hosting & domains, Switzerland ("we"). Contact: via the contact form or the customer area.
These terms apply to all services we provide to customers ("customer") and to the use of the customer area admin.web-wiiser.ch and its apps. Section 14 applies to the free service study-wiiser. The customer's own terms apply only if we expressly agree to them.
2. Services
The exact scope is set out in the relevant quote or order confirmation. Our services include in particular:
- Web design and development: design and programming of custom websites, including editing content in the customer area.
- Care, maintenance and hosting: operating the website on our servers in Switzerland, updates, backups, SSL certificates, monitoring and small changes on request.
- Email and mailboxes: mailboxes on the customer's domain with spam protection, webmail and help with setup.
- Domains and DNS: we are not a domain registrar. We check, register and transfer domains through our provider in the name and for the account of the customer and manage DNS. The terms of the relevant registry also apply (e.g. SWITCH for .ch).
- Support: requests and incidents by ticket; status and history are visible in the customer area.
- Customer area and apps: access to websites, invoices, documents, mail, tasks and tickets, also as an app for Android, iPhone, iPad and Mac.
- As a side offer, hosting of existing WordPress sites with updates, backups and migration. We are responsible for third-party plugins and themes only to the extent agreed.
We may use auxiliary persons and subcontractors for our services (section 12).
3. Conclusion of contract
Requests via the contact form are non-binding. In response, the customer receives a quote; unless stated otherwise, it is valid for 30 days. The contract is concluded when the customer accepts the quote (in writing, by email or in the customer area) and we confirm the order, at the latest when we start work. By opening an account in the customer area, the customer accepts these terms.
4. Customer cooperation
- The customer provides texts, images, logos and other content on time and in usable form. Resulting delays extend deadlines accordingly; we may charge additional effort on a time basis.
- The customer is responsible for their content and warrants that they hold the necessary rights (copyright, trademark and personality rights). If a claim is made against us because of such content, the customer indemnifies us.
- The customer is responsible for the legal obligations of their website (e.g. legal notice, privacy policy, cookie notices). On request we help implement them; this is not legal advice.
- The customer keeps passwords and credentials secret, chooses secure passwords and informs us immediately of any misuse or suspected misuse.
- The customer keeps their contact and billing details in the customer area up to date.
5. Prices, invoicing and payment
- All prices are in Swiss francs (CHF). We are currently not registered for VAT; amounts do not include VAT. If we become liable for VAT, it will be added at the applicable rate.
- The prices in the quote apply. Work on a time basis is charged at the agreed hourly rates based on our time tracking; the breakdown is available in the customer area. Recurring services (hosting, maintenance, mailboxes, domains) are invoiced in advance for the agreed period.
- The customer receives invoices by email and in the customer area, usually as a Swiss QR bill. Paper invoices or reminders cost CHF 2.00 per document.
- Invoices are payable within 30 days of the invoice date without deduction. Objections to an invoice must be raised within 30 days; after that it is deemed accepted.
- After the payment deadline, the customer receives a free payment reminder with a new deadline of 10 days. This is followed by a 2nd reminder (fee CHF 10.00) and a final reminder (fee CHF 20.00), each with a 10-day deadline. After the final reminder we may initiate debt collection proceedings without further notice; the costs are borne by the customer.
- From default, the customer owes default interest of 5 % per year (art. 104 Swiss Code of Obligations, CO).
- If an invoice remains unpaid despite reminders, we may, after prior notice, suspend the affected services (e.g. website, mailboxes, customer area) until the amount is paid. The obligation to pay ongoing fees remains.
6. Term and termination
- Projects (e.g. a new website) end with acceptance and full payment.
- Recurring services run for an indefinite period unless agreed otherwise. Monthly services can be terminated by either party with one month's notice to the end of a month. Annual services (e.g. domains or annual plans) renew for a further year unless terminated at least one month before expiry; periods already paid are not refunded.
- Notice must be given in text form, e.g. by email or via a ticket in the customer area.
- Either party may terminate without notice for good cause, in particular serious misuse (section 13) or persistent payment default.
- After the end of the contract, on request we provide the customer with their website files, database exports and mailbox contents in a common format and support the domain transfer (auth code). Effort beyond a simple export is charged on a time basis. 30 days after the end of the contract we delete the customer's data on our servers unless a statutory retention obligation applies. Backups are overwritten in the regular rotation. We may withhold the data as long as invoices due are unpaid.
7. Availability, maintenance and backups
- We operate our servers carefully and with high availability but cannot guarantee uninterrupted operation. Outages due to force majeure, disruptions at third parties (e.g. network operators, registries, email sending service) or attacks are beyond our control.
- We carry out planned maintenance at off-peak times where possible and announce major interruptions in advance. We may install urgent security updates without notice.
- We back up hosted websites regularly, currently twice a day, and monitor that backups succeed. Backups are provided on a best-effort basis; we do not guarantee full restoration of every data state. For data that is particularly important to the customer, we recommend additional backups of their own.
- We set up and automatically renew SSL certificates for the domains we manage, as long as the domain points to our servers.
8. Acceptance and warranty
- When a work (e.g. a website) is finished, we submit it to the customer for acceptance. The customer checks it within 10 days and reports defects in text form with a comprehensible description. If no material defects are reported within this period, or if the customer puts the website live, the work is deemed accepted.
- In the event of defects, we first have the right and obligation to remedy them within a reasonable period. If this fails after two attempts, the customer may demand a price reduction or, for material defects, withdraw from the affected part of the contract.
- Hidden defects must be reported immediately upon discovery. The warranty ends 12 months after acceptance.
- Deviations caused by content or changes by the customer or third parties, later updates of browsers, operating systems or third-party software, or improper use are not defects. Fixing them is charged on a time basis.
9. Rights to the work
- After full payment, the customer receives the unlimited, non-exclusive right to use and modify the website created for them, including its design, for the agreed purpose. Until then, all rights remain with us.
- General components, tools, templates and code that we also use in other projects remain our property; the customer may use them as part of their website.
- Third-party components, in particular open-source software, fonts and libraries, are subject to their own licences, which take precedence over this section.
- We may show the finished website with its name and a preview in our portfolio and as a reference. The customer can object at any time; we then remove the entry within a reasonable time.
10. Version control via GitHub
- We store and version the files of customer websites in our private repository on GitHub (GitHub Inc., USA). The purpose is backup, traceability of changes and further development of the website.
- Uploaded files (e.g. uploads and media libraries), databases, caches, log files, and credentials and keys are not transferred.
- Changes from GitHub reach the live server only through our staff, after review.
- The customer can request that their website is not stored on GitHub. Versioning and development via GitHub, including AI-assisted work (section 11), then no longer apply; changes are harder to trace and may require more effort.
- Details are in the privacy policy, section 13.
11. Use of artificial intelligence
- Artificial intelligence (AI) may be used in providing our services, for example to support the development and maintenance of websites, for texts or in individual features of our offerings. Content may be transferred to external AI services in the process, possibly also abroad.
- AI output can be wrong. We review it before publication and are responsible for the result as for our own work.
- The customer can refuse the use of AI for their project at any time. We then work without AI; this may increase the effort.
- Code sandbox. Code run in a sandbox in the customer area or in study-wiiser runs isolated in the user's browser and has no access to our servers or to other accounts.
- study-wiiser. Some features, such as learning games, may use AI (section 14).
- Security monitoring. To protect hosted websites, we automatically analyse server log files (e.g. bursts of errors, login attempts or requests per IP address) to detect and fend off attacks.
12. Data protection and processing on behalf
How we process our customers' personal data is described in the privacy policy.
Where we process personal data for the customer's websites and mailboxes (e.g. visitor data, form submissions, emails), we do so as a processor under art. 9 of the Swiss Federal Act on Data Protection (FADP). The customer remains the controller. We process this data only as the customer would be permitted to, only for the agreed service and according to their instructions, keep it confidential and protect it with appropriate technical and organisational measures. We support the customer with access requests and notify them of data security breaches affecting their data as soon as possible.
The customer agrees that we use the following sub-processors:
| Provider | Purpose | Location |
|---|---|---|
| Our own servers | Hosting of websites, databases and mailboxes, backups | Switzerland |
| Brevo (Sendinblue SAS) | Sending outgoing email | EU (France) |
| GitHub Inc. | Versioning of website files (section 10) | USA |
| AI services | Support for individual services (section 11) | possibly abroad |
| Domain provider and registries | Registration and management of domains | depending on the domain ending |
We announce new sub-processors in the privacy policy. For transfers to countries without adequate data protection we rely on the safeguards under art. 16 FADP, such as standard contractual clauses.
13. Security and misuse
The customer uses our services only lawfully. In particular, the following are prohibited:
- unlawful, defamatory, racist, pornographic or violence-glorifying content and content that infringes third-party rights;
- spam and unsolicited bulk email, phishing and fraud;
- malware, attacks on other systems and any use that places an excessive load on or endangers our servers or other customers.
In the event of violations, a justified suspicion, or if a website or mailbox is compromised and poses a security risk, we may immediately block the affected content, website or mailbox in whole or in part. We inform the customer promptly and lift the block once the cause has been fixed. Cleaning up a compromised website is charged on a time basis unless we are responsible for the incident.
14. study-wiiser
- study-wiiser (study.web-wiiser.ch) is a free study planner for pupils, apprentices and students and is in BETA. Features may change, be restricted or discontinued. There is no entitlement to availability or particular features.
- Users are responsible for the content they post (e.g. posts, comments, chat messages, documents, code). Section 13 applies accordingly; we may remove unlawful content and block accounts.
- AI features, such as learning games, produce automatically generated content. It can be wrong or incomplete and does not replace teaching or assessment by teachers.
- Accounts for which no password of their own has ever been set are deleted automatically after 5 days.
- Children and young people use study-wiiser with the consent of their parents or legal guardians. Schools and organisations using it in class are responsible for obtaining the necessary consents.
- Liability for the free service is excluded to the extent permitted by law. The account can be deleted at any time via "Request support".
15. Liability
- We are liable for damage caused intentionally or through gross negligence. Liability for slight negligence is excluded to the extent permitted by law (art. 100 CO).
- To the extent permitted by law, liability for indirect and consequential damage is excluded, in particular loss of profit, loss of revenue, third-party claims and data loss that could have been avoided by the customer's own backups.
- Where we are liable, liability is limited to the fees the customer paid for the affected service in the last twelve months.
- Liability for auxiliary persons is excluded to the extent permitted by law (art. 101 CO).
- These limitations do not apply to personal injury or where mandatory law (e.g. the Product Liability Act) provides otherwise.
16. Changes to these terms
We may amend these terms, for example when our services or the law change. We announce changes at least 30 days before they take effect by email or in the customer area. If the customer does not agree, they may terminate the affected services as of the effective date. If they do not object, the new terms are deemed accepted. The version published here applies.
17. Final provisions
- Amendments and additions to the contract require text form; email and messages in the customer area are sufficient.
- If any provision of these terms is invalid, the rest remains valid. The invalid provision is replaced by a valid one that comes closest to its purpose.
- Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- Place of jurisdiction is the registered office of web-wiiser in Switzerland. Mandatory places of jurisdiction, in particular for consumers, are reserved.