studio41

Terms and conditions

Last updated

studio41
9642 Ebnat-Kappel, Switzerland
Email: hello@thestudio41.ch
Phone: +41 78 440 68 89
Website: thestudio41.ch

1. Scope

These general terms and conditions (“terms”) apply to all services provided by studio41 (“we”, “us”) to our clients (“you”), including web design, web and app development, AI integration, hosting, maintenance, SEO and consulting. Individual agreements in a quote or contract take precedence over these terms. Your own terms apply only if we accept them in writing.

2. Quotes and contract

Our prices on the website are guidelines (“from” prices). Every project receives a written quote, valid for 30 days unless stated otherwise. A contract is formed when you accept the quote in writing (email is enough) or when we start work at your request.

3. Prices and payment

All prices are in Swiss francs (CHF) and, where applicable, plus VAT. Unless agreed otherwise, we invoice 50% on acceptance and 50% on completion; larger projects may be split into milestones or payment plans. Invoices are payable within 30 days. If payment is late, we may pause work after a reminder, and the handover of source code and rights depends on full payment.

Expenses and third-party costs that you ask for or approve — for example domains, hosting, paid plugins, stock images, app store fees or AI usage costs — are charged separately at cost unless included in the quote.

4. Your part

You provide the content, information, access and feedback we need, on time and free of third-party rights, or you ensure you have the necessary rights. Delays in your contributions move agreed deadlines accordingly. You are responsible for the legality of the content you supply.

5. Changes and extra work

Changes to the agreed scope are welcome. We’ll tell you in advance if a change affects the price or timeline; extra work is charged at our current rates or quoted separately.

6. Delivery and acceptance

We deliver as described in the quote. You check the work within 10 working days of delivery and report any defects in writing. If you don’t report defects within this period, or if you put the work into live use, it is deemed accepted.

7. Warranty

We fix defects you report within 60 days of acceptance free of charge, provided they are within our area of responsibility. Changes by you or third parties, unsupported software, browsers or devices, third-party services and misuse are excluded. We don’t guarantee specific results such as search rankings, traffic or sales, as these depend on factors outside our control.

8. Rights and source code

Once paid in full, you receive the rights of use to the work created specifically for you, as needed for the agreed purpose, including the source code where agreed. We keep the rights to our general tools, libraries, know-how and pre-existing components, and you receive a non-exclusive right to use them in your project. Open-source components are subject to their own licences. Unless you object, we may show the finished project in our portfolio and blog.

9. Hosting, maintenance and third parties

Hosting, maintenance and support are provided only if agreed. For services of third parties (hosting providers, app stores, payment providers, AI providers and others) their own terms apply; we are not liable for their availability or changes.

10. Liability

We are liable for damage caused intentionally or through gross negligence. Liability for slight negligence, indirect or consequential damage, lost profit and data loss is excluded to the extent permitted by law; in any case our liability is limited to the fees paid for the service in question. You are responsible for keeping backups of your own data.

11. Confidentiality and data protection

Both parties keep confidential information about the other’s business confidential, also after the contract ends. We handle personal data in line with Swiss data protection law and our privacy policy; where we process personal data on your behalf, we conclude a data processing agreement.

12. Termination

Ongoing services (such as hosting or maintenance) can be terminated by either party with 30 days’ notice to the end of a month, unless agreed otherwise. If a project is cancelled, work done up to that point is charged.

13. Applicable law and place of jurisdiction

Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the seat of studio41 (Ebnat-Kappel, canton of St. Gallen), subject to mandatory places of jurisdiction for consumers.

14. Final provisions

If any provision of these terms is invalid, the rest remain in force; the invalid provision is replaced by one that comes closest to its purpose. We may update these terms; the version valid at the time the contract was formed applies.