Terms & Conditions

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KOMUNIQUE by Philipp Roth & KOMUNIQUE GMBH

1. Scope

These General Terms and Conditions (hereinafter "Terms") apply to all contracts, services and deliveries of the sole proprietorship KOMUNIQUE by Philipp Roth, Appenzell, and of KOMUNIQUE GMBH, Appenzell (hereinafter "KOMUNIQUE"), to their customers. A customer is any natural or legal person who maintains a business relationship with KOMUNIQUE.

2. Subject Matter of the Contract

KOMUNIQUE offers services in the areas of web design, web development, strategic consulting, and the operation of web applications (Software-as-a-Service, hereinafter "SaaS"). The exact scope of services is defined in the respective individual contract, the quote, or the product description on the website.

3. Conclusion of the Contract

3.1 Services: A contract is concluded through written acceptance of a quote or by signing a project agreement.‍

3.2 Web applications (SaaS): When using web applications (e.g. Flowtifyy), the contract is concluded by registering a user account and selecting a paid subscription.

4. Prices and Payment Terms

4.1 Prices: All prices are quoted in Swiss francs (CHF) excluding statutory VAT, unless otherwise communicated.‍

4.2 Payment term: Invoices for services are due within 14 days of invoicing without deduction.

4.3 Subscriptions: Fees for SaaS solutions are due in advance. KOMUNIQUE uses external service providers (e.g. Payrexx) to process online payments. The terms of the respective payment providers additionally apply.‍

4.4 Default: In the event of late payment, KOMUNIQUE reserves the right to suspend services or to block access to web applications until payment has been made in full.

5. Obligations of the Customer

The customer is obliged to provide all documents and information necessary for the performance of the service in a timely manner. The customer warrants that they hold the rights to the content provided (texts, images, logos).

6. Intellectual Property and Rights of Use

6.1 Copyright: The copyright in all works created by KOMUNIQUE (designs, code, concepts) remains with KOMUNIQUE.‍

6.2 Right of use: Upon full payment, the customer receives a right of use in the final product that is unlimited in time and territory. The transfer of source code or sublicensing is permitted only by written agreement.‍

6.3 SaaS: For web applications, the customer receives a non-exclusive right to use the software, limited to the term of the contract.

7. Warranty and Liability

7.1 Due care: KOMUNIQUE undertakes to carry out assignments with due care and in accordance with the current state of the art.‍

7.2 Exclusion of liability: KOMUNIQUE is not liable for indirect damages, lost profits, or loss of data. Liability for slight negligence is excluded to the extent permitted by law.‍

7.3 Availability: For web applications, the best possible availability is sought; however, 100% uptime cannot be guaranteed.

8. Term and Termination

8.1 Projects: Project agreements end upon acceptance and full payment.‍

8.2 Subscriptions: SaaS subscriptions may be terminated at the end of the current period (monthly or annual). Termination is carried out directly via the user account or in writing.

9. Data Protection

KOMUNIQUE treats all customer data confidentially and in accordance with the provisions of the Swiss Federal Act on Data Protection (revised FADP). Details can be found in the separate privacy policy at www.komunique.com.

10. Final Provisions

10.1 Amendments: KOMUNIQUE reserves the right to amend these Terms at any time. Customers will be informed of any amendments.

‍10.2 Place of jurisdiction: All legal relationships are governed by Swiss law. The exclusive place of jurisdiction is Appenzell (AI), Switzerland.

This English version is provided for convenience only. In the event of discrepancies, the German version is legally binding.