Legal
Terms of Service
The terms under which we work together.
Last updated: March 2025
These Terms of Service ("Terms") govern the relationship between Swiss Web Development Kiefer ("we", "us", "our") and any client or visitor ("you") who engages our services or uses this website. By using our website or commissioning our services, you agree to these Terms.
1. Services
Swiss Web Development Kiefer provides custom software development services including but not limited to: web application development, mobile application development, backend and server development, custom software solutions, and related consulting.
The exact scope, timeline, and deliverables of each engagement are defined in a separate project agreement or proposal, which takes precedence over these general Terms for that specific engagement.
2. Project Agreements
All projects begin with a written agreement or proposal outlining:
- The scope of work
- The agreed timeline and milestones
- The total fee or pricing structure
- Ownership and intellectual property terms
No work begins until both parties have confirmed the project agreement in writing (email confirmation is sufficient).
3. Payment
Payment terms are specified in the individual project agreement. As a general rule:
- A deposit may be required before work begins on larger projects.
- Invoices are due within 14 days of issuance unless otherwise agreed.
- Late payments may be subject to a reminder fee and interest as permitted by Swiss law.
- We reserve the right to pause or suspend work on overdue accounts.
4. Intellectual Property
Upon full payment of all agreed fees, all intellectual property rights to the custom-built deliverables (code, designs, content created for you) transfer to the client. We retain the right to reference completed projects in our portfolio unless explicitly agreed otherwise.
Third-party components, libraries, and frameworks used in your project remain subject to their respective open-source or commercial licences. We will inform you of any relevant licence obligations.
5. Confidentiality
We treat all client information as confidential and do not disclose project details, business information, or source code to third parties without your consent. We are happy to sign a Non-Disclosure Agreement (NDA) on request.
6. Client Responsibilities
To ensure a smooth project, you agree to:
- Provide timely feedback and approvals at agreed review stages.
- Supply any necessary content, assets, or access credentials on time.
- Ensure that any materials you provide do not infringe third-party rights.
Delays caused by late client feedback or missing materials may affect the project timeline and may be subject to additional fees.
7. Limitation of Liability
To the maximum extent permitted by applicable Swiss law, Swiss Web Development Kiefer shall not be liable for:
- Indirect, incidental, or consequential damages arising from the use of our deliverables.
- Data loss caused by client-side factors or third-party services.
- Business losses arising from project delays outside our reasonable control.
Our total liability for any claim related to a project shall not exceed the total fees paid by you for that specific project.
8. Warranties
We warrant that deliverables will perform as specified in the project agreement for 30 days after delivery. During this period we will fix any defects at no additional charge. After this period, maintenance and support are subject to a separate agreement.
9. Termination
Either party may terminate a project engagement with written notice. In the event of termination, you are responsible for payment of all work completed up to the termination date. We will deliver all completed work product upon receipt of such payment.
10. Governing Law
These Terms are governed by and construed in accordance with Swiss law. Any disputes shall be submitted to the exclusive jurisdiction of the competent Swiss courts.
11. Changes to These Terms
We may update these Terms from time to time. Updated Terms take effect for new projects initiated after the update date. Ongoing projects continue under the Terms agreed at the time of project commencement.
12. Contact
Questions about these Terms? Contact us at: info@swisswebdev.ch