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General Terms and Conditions (GTC) of ELEVARIS

Translation for convenience only. The legally binding version of these General Terms and Conditions is exclusively the German original (see DE). · Version v2604

For simplicity, terms such as contractor, client, etc. also apply to the female form.

1. Scope

The following conditions govern the legal relationship between ELEVARIS and its brands such as vant.ch (referred to as the contractor) and the client, also referred to as the customer, who uses the services, digital products or automated services of the contractor. The contractor provides its services exclusively on the basis of these general terms and conditions. By using a service or purchasing a product, the client implicitly accepts the general terms and conditions set out herein. Likewise, these GTC form an integral part of every contract concluded between a client and the contractor. Conflicting terms and conditions of the client are thereby rendered ineffective unless they are recorded in writing in the contract. Deviations from these GTC are only effective if ELEVARIS confirms them in writing. ELEVARIS's offers are addressed to both business customers and private individuals.

2. Conclusion of contract for online purchases (digital products & setups)

If a contract is concluded via an online platform (e.g. Systeme.io) or a landing page of the contractor, the presentation of the products and services on the website does not constitute a legally binding offer, but an invitation to order. By clicking the paid order button (e.g. "Buy now", "Order with obligation to pay"), the client makes a binding offer to purchase. The contract is concluded as soon as the contractor (or the automated system) confirms the purchase by email and/or delivers the digital product or access to the service.

3. Digital products, delivery and right of withdrawal

When purchasing digital content (e.g. practical guides, PDF documents, code templates), delivery is generally automated by email or via a direct download link immediately after successful payment. As this concerns digital content not delivered on a physical medium, any right of withdrawal of the client expires entirely with the commencement of performance of the contract (i.e. as soon as the download link has been provided or the email has been sent). A return or refund for digital products already delivered is excluded.

When booking support services or "technical setups" (e.g. server infrastructure), the contractor begins work after receiving the necessary access data. In the event of early cancellation by the customer after the data has been transmitted, the work already performed, but at least 30% of the total price, will be invoiced.

4. Prices, payment and payment providers (Stripe, Payrexx, Bexio)

Unless otherwise stated, all prices are in Swiss francs CHF, excluding value added tax and any shipping costs.

For the processing of online purchases, the contractor uses secure third-party providers for payment processing (such as Stripe, Payrexx, or Bexio and Kastanio for invoicing). By selecting the relevant payment method during the ordering process, the client consents to the data required for payment processing being transmitted to the respective payment provider. The terms of use and privacy policies of the respective payment providers apply additionally.

Purchases on account are payable net within 10 days unless otherwise agreed. Unjustified deductions will be recharged. The client is obliged to pay the agreed prices on time. In the event of the client's default of payment, the contractor is entitled to interrupt the provision of the contractual services. Products and works delivered by the contractor remain the property of ELEVARIS until full payment by the client.

5. Duty of loyalty and trade secrets

The contractor undertakes to carry out the tasks assigned to it conscientiously and responsibly. The information exchanged between the contractor and the client (such as image, video and text material as well as any access data) is treated strictly confidentially, insofar as the use of the contractor's services is not affected.

6. Domain names

Domain names purchased by the contractor belong exclusively to ELEVARIS or the specifically named rights holders. Any transfer to a new owner must be agreed in writing.

7. Hosting and data security

The contractor uses hosting services from e-future.ch, hostinger.de and hosting services from infomaniak.ch. All rights and obligations of the hosting offers can be found in the terms and conditions of the respective providers at the following links:

These terms and conditions are transferred to the client when the client uses the contractor's hosting services.

8. Data processing and duties to cooperate

The contractor collects data of the client in the course of processing contracts. In doing so, it observes in particular the provisions of the Swiss Federal Act on Data Protection (FADP) and the "revised Federal Act against Unfair Competition" (UCA). Without the client's consent, the contractor will only collect, process or use inventory and usage data of the client insofar as this is necessary for the processing of the contractual relationship. Without the client's consent, the contractor will not use the client's data for the purposes of advertising, market or opinion research.

The client undertakes to provide the contractor in good time with the access data required to carry out the activity, together with the corresponding user rights. The client undertakes to bear any third-party costs (e.g. additional work by web programmers). This additional work is invoiced directly to the client by the third party.

After completion of the activity by the contractor, the contractor is obliged to delete the accesses (for example administrator rights) or to forward them to the client. To increase the security of the sites and services, the client is advised to change passwords at irregular intervals and, wherever possible, to set up two-factor authentication (2FA).

9. Liability

Claims of the client for damages are excluded. Excepted from this are claims for damages by the client arising from injury to life, body or health, or from the breach of essential contractual obligations, as well as liability for other damages based on an intentional or grossly negligent breach of duty by the contractor, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

In the event of a breach of essential contractual obligations, the contractor is only liable for the typical, foreseeable damage if this was caused by simple negligence. The limitations mentioned above also apply in favour of the legal representatives and vicarious agents of the contractor. Liability for consequential damages of any kind, in particular for lost profits or data loss due to improper handling by the customer, is excluded.

10. Online marketing

Within the scope of the agreement with the customer, the contractor fulfils the task of creating the foundations for good account setup and support in the Google Ads account. Any liability regarding additional sales on the part of Google, Facebook, Instagram, YouTube or other advertising portals is rejected, and the contractor rejects liability and claims for damages for any damages incurred. If click costs are to be billed via the contractor, invoicing is carried out in advance including a stated processing surcharge. Should the client fall into arrears with payments, the contractor is entitled to stop or pause all services including ongoing campaigns.

11. Complaints and notices of defects

The products and services delivered by the contractor must be checked immediately by the client upon receipt or publication. Complaints regarding quality and quantity that reach the contractor more than 5 days after completion of the order or receipt of the invoice (or delivery of the digital product) cannot be considered. Complaints must be asserted in writing, with a precise, comprehensible description of the defect. The client has the right to terminate, provided the contractor has been informed in writing and has been given the right to remedy the defect within a reasonable period.

12. Reduction or cancellation of an order

If a classic order placed by the client (outside of purely digital product purchases) is reduced or cancelled with the contractor, the contractor is entitled to payment pro rata temporis. The contractor is likewise entitled to charge for expenses and advance services rendered to third parties and to compensation for all damages resulting from the reduction or cancellation.

13. Applicable law & place of jurisdiction

Contracts and agreements between the contractor and the client are governed exclusively by the law of the Swiss Confederation, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and of private international law. The sole and exclusive place of jurisdiction is the registered office of the contractor.

14. Severability clause

These general terms and conditions remain binding in their remaining parts even if individual points are legally invalid. The statutory provisions, where available, take the place of the invalid points.

v2604 · Legally binding version: German (DE).