General Terms and Conditions (GTC)

As of January 2026

1. General information

These General Terms and Conditions (GTC) govern all legal relationships between:
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‍Claus Creatives, owner Raphael Huber
Seestrasse 147
8708 Männedorf, Switzerland
‍
(hereinafter referred to as "Claus Creatives" or "Provider") and its customers (hereinafter referred to as "Customer" or "Client"). By placing an order with Claus Creatives, the Customer accepts these GTC in full and as binding.

2. Scope of application

These terms and conditions apply to all services, offers, and contracts provided by Claus Creatives, particularly in the following areas:
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- Web design and web development
- Creation, maintenance, and updating of websites
- Online marketing services
- Consulting, branding, and graphic design
- Hosting and support services

Any deviating or supplementary terms and conditions of the customer will not be recognized unless they have been expressly agreed to in writing.

3. Conclusion of contract

A contract is concluded by:
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- written order confirmation,
- acceptance of an offer,
- verbal agreement followed by confirmation by email,
- or by commencement of service provision at the customer's request.

Unless otherwise stated, offers are valid for 30 days.

4. Scope of services

The specific scope of services is determined by:

- the respective offer,
- written agreements,
- project descriptions and briefings.

Claus Creatives shall provide the agreed services to the best of its knowledge and belief. Changes or additions to the scope of services require a written agreement.

Claus Creatives is entitled to engage third parties (subcontractors) to fulfill the order.

5. Customer's obligations to cooperate

The customer undertakes:

- to provide all necessary information, texts, images, and access details in a timely manner,
- to actively participate in the project,
- to provide feedback and approvals in a timely manner.

Claus Creatives shall not be held responsible for any delays caused by a lack of cooperation on the part of the customer.

The customer guarantees that the content provided does not infringe on the rights of third parties.

6. Prices and remuneration

The prices agreed in the offer apply.

Unless otherwise agreed:
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- Hourly rate: CHF 140.00 per hour plus statutory Swiss VAT
- Billing based on actual expenditure
- Flat rates as per written offer

Additional services outside the agreed scope will be charged according to expenditure.

7. Terms of payment

Unless otherwise agreed, invoices are due as follows:

- Partial invoices: 10 days after the invoice date
- Final invoices: 20 days after the invoice date
- Subscriptions/maintenance contracts: in advance

In the event of late payment, Claus Creatives is entitled to:

- suspend ongoing work,
- charge interest on arrears,
- charge reminder fees.

8. Hosting and third-party services

Hosting, domains, external tools, or software (e.g., Webflow, Google, plugins, etc.) are services provided by third-party providers.

Claus Creatives accepts no liability for:

- Failures or changes to such services,
- Price changes by third-party providers,
- Data loss by external providers.

Contracts with third-party providers are subject to their respective terms and conditions.

9. Dates and deadlines

Specified delivery or completion dates are approximate unless they have been expressly agreed in writing as binding.

Delays due to a lack of cooperation on the part of the customer will result in a corresponding postponement of the dates.

10. Acceptance

Upon completion of a website or project, the customer is obligated to review the service.

If no written complaint is received within 14 days, the service shall be deemed accepted.

Changes after acceptance are subject to a fee.

11. Warranty

Claus Creatives works meticulously and in accordance with the latest technology.

However, no economic or technical success (e.g., ranking, visitor numbers, increase in sales) is expressly guaranteed.

Defects must be reported in writing. Claus Creatives reserves the right to rectify any defects.

12. Liability

Claus Creatives is liable exclusively for damages caused by gross negligence or intent.

Liability is limited to the order value in all cases.

No liability is assumed for:

- Data loss
- Failures of third-party providers
- Damage caused by software updates
- Legal violations caused by content provided by the customer

The customer indemnifies Claus Creatives against any third-party claims arising from the customer's content.

13. Copyright and rights of use

Until full payment has been made, all works created remain the property of Claus Creatives.

After full payment has been made, the customer receives a simple right of use for the created content, unlimited in terms of time and location.

Source codes, design files, or work data will only be transferred if expressly agreed upon.

14. Reference citation

Claus Creatives is entitled to use completed projects as references and to publicly name the customer, including their logo and link.

15. Confidentiality

Both parties undertake not to disclose confidential information to third parties. Claus Creatives shall only be liable for damages caused by gross negligence or intent.

16. Contract term and termination

Standing orders (e.g., maintenance, support, assistance) run for an indefinite period.

Notice period:
30 days to the end of the month, unless otherwise agreed.

For one-off projects, the contract ends when the service has been provided in full.

17. Changes to the Terms and Conditions

Claus Creatives reserves the right to change these terms and conditions at any time. Customers will be notified of any changes in good time.

18. Severability clause

Should individual provisions of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.

19. Place of jurisdiction and applicable law

Swiss law applies exclusively.

The place of jurisdiction is the registered office of Claus Creatives in Männedorf, Switzerland.