General Conditions of Sale
TONIO SERVICE WEB AGENCY Sàrl is a specialist in the creation, development, and maintenance of websites, under IDE number CHE-386.828.951.

These General Terms and Conditions of Sale (GTC) govern the relationship between TONIO SERVICE AGENCE WEB Sàrl and the Customer. Prior to any transaction, the Customer acknowledges having read the GTC at the time of placing the order and declares accepting them without reservation. The signing of the order form or quote formalizes its full and complete acceptance of the GTC, which are the only ones applicable to the order. The GTC may be modified at any time, and it is the Customer's responsibility to check the version in force at the time of the order.

The Client wishes TONIO SERVICE AGENCE WEB Sàrl to create or modify, and possibly maintain, its website with a view to personalized services, specifically developed according to its needs, stipulated in specifications validated by the Parties.

Article I. Definitions

• Intranet Media : Internal user network with a server accessible by staff and authorized persons via an access code.
• Website or Internet : Set of pages composed of texts and multimedia elements, represented by a URL and hosted on a server allowing multiple and simultaneous accesses.

Article II. Purpose

These General Terms and Conditions detail the rights and obligations of TONIO SERVICE AGENCE WEB Sàrl and the Client in the context of missions of creation, development, maintenance of websites, as well as the provision of shared hosting services and rental of VPS servers for the Client. Only the date of receipt of the signed quote is considered for the application of these General Terms and Conditions.

Article III. Place of Intervention

The services are carried out in the premises of TONIO SERVICE AGENCE WEB Sàrl located at Rue du Bugnon 42, 1020 Renens, or remotely, unless otherwise agreed between the parties.

Article IV. Website Creation

• Size : The site will include a number of pages defined on the order form or quote.
• Graphic design : TONIO SERVICE AGENCE WEB Sàrl ensures the graphic design of the site, approved by the Client.
• Images, texts, animations, video : Images, texts, sound files, and videos are provided by the Client in electronic format. Additional fees may apply for retouching, animations or content provided by TONIO SERVICE AGENCE WEB Sàrl.
• Dynamic pages : TONIO SERVICE AGENCE WEB Sàrl sets up dynamic pages allowing the Client to update the content via a form secured by password. The Client is responsible for managing the content and the security of its identifiers.

Article V. Hosting of the Site

TONIO SERVICE AGENCE WEB Sàrl has a dedicated cloud server located in Germany, which allows to offer shared hosting services via Plesk as well as the rental of VPS servers. More secure SSL certificates are also available. The Client accepts the terms of the host and is responsible for the security of the content it hosts, as well as their compliance with the laws in force. The liability of TONIO SERVICE AGENCE WEB Sàrl is limited in the event of data loss due to hacking or unforeseeable events.

Insurance clause : TONIO SERVICE AGENCE WEB Sàrl is insured for civil liability for material damage related to hosting, with coverage up to CHF 100,000 per claim. However, data losses caused by cyberattacks, hacking, or handling errors remain the responsibility of the Client.

Article VI. Website Maintenance

Content changes are made according to a mutually agreed procedure. Maintenance subscriptions are payable monthly for a period of one year, with the possibility of cancellation after a full year. For any request for content changes after delivery of the site, monthly subscription offers are available, covering the update of the technologies used for the operation of the site (update of modules, theme, database, etc.).

Article VII. Domain Names and Prior Art

TONIO SERVICE AGENCE WEB Sàrl will register the domain name chosen by the Client, who must ensure that there is no conflict with pre-existing rights. In accordance with the articles of the Trademark Protection Act (LPM), the Client is solely responsible for the consequences related to the use of a domain name that could infringe the rights of third parties.

Article VIII. Referencing and Positioning

TONIO SERVICE AGENCE WEB Sàrl cannot guarantee positioning in search engines, as only Google can decide on the ranking of sites. TONIO SERVICE AGENCE WEB Sàrl implements best practices to improve the visibility of the site. Additional SEO services (advanced SEO) can be offered upon request, in accordance with the Federal Law on Unfair Competition (LCD).

Article IX. Remote Assistance

TONIO SERVICE AGENCE WEB Sàrl uses AnyDesk software for remote assistance, with a temporary password provided by the Client.

Article X. Additional Services

Google Ads and Google Merchant : TONIO SERVICE AGENCE WEB Sàrl offers Google Ads and Google Merchant account configuration and management services. In the event of a suspension problem by Google Merchant, the Client must provide all the necessary information to unblock the situation. No refund will be made in the event of account suspension by Google Merchant due to misleading statements.

Professional Emails : TONIO SERVICE AGENCE WEB Sàrl provides login information for configuring email addresses. Configuration performed by TONIO SERVICE AGENCE WEB Sàrl may be billed as an additional service.

Article XI. Obligations of the Customer

The Client is responsible for the intellectual property rights of the content provided and must provide data that complies with current legislation (Federal Copyright Act, LDA). The Client must also provide valid copies of all necessary identification documents and guarantee the security of its identifiers and hosted content.

Article XII. Obligations of the Designer

TONIO SERVICE AGENCE WEB Sàrl designs and puts the site online, reserving the right to refuse pages that do not comply with the laws in force, in particular the Data Protection Act (LPD).

Article XIII. Prices

Prices are listed on the quote. For large offers, a deposit of 30 % is required to start work. Additional charges may apply for payment gateway fees.

Article XIV. Payment Terms

Payment is required 30 days before the invoice is due. Payments can be made by bank transfer, TWINT, PayPal, or credit card (via Stripe). In the event of non-payment on time, late payment penalties and management fees for each reminder will be applied (Art. 102 et seq. of the Swiss Code of Obligations).

Article XV. Late Payment Penalties

In the event of late payment, late payment penalties will be applied. After three reminders, the suspension of services may be followed by permanent deletion of the Customer's data (art. 106 CO).

Article XVI. Duration and Entry into Force

The General Terms and Conditions come into force upon acceptance of the quote by the Customer. Maintenance contracts are renewable by tacit agreement. Any termination must be made in writing, at least three months before the anniversary date of the contract (art. 404 CO).

Article XVII. Intellectual Property

The elements provided by TONIO SERVICE AGENCE WEB Sàrl remain its property. No transfer of rights is made, in accordance with the articles of the LDA.

Article XVIII. Force Majeure

In the event of force majeure (such as cyberattacks, natural disasters, or general outages), TONIO SERVICE AGENCE WEB Sàrl cannot be held responsible for service interruptions or data losses, even if we have civil liability coverage. In accordance with art. 119 CO, the obligations of TONIO SERVICE AGENCE WEB Sàrl will be suspended for the duration of the event.

Article XIX. Company Insurance

TONIO SERVICE AGENCE WEB Sàrl benefits from professional liability insurance that covers up to CHF 5,000,000 in the event of damage caused in the context of its services (website creation, hosting, Cloud VPS servers). This coverage includes material damage caused to entrusted property, with a maximum limit of CHF 100,000 per claim. No excess will be claimed from the Client.

Article XX. Termination of Contract

In the event of termination, the transfer of domain names and hosting data can be carried out at no additional cost if carried out by the Client. If TONIO SERVICE AGENCE WEB Sàrl carries out this transfer, additional costs will be applied, with a minimum flat rate of CHF 150. Any request for termination must be notified in writing at least three months before the anniversary date of the contract (art. 404 CO).

Article XXI. Final Provisions

These General Terms and Conditions are subject to Swiss law. Any dispute shall fall under the exclusive jurisdiction of the Courts of the locality where the registered office of TONIO SERVICE AGENCE WEB Sàrl is located. Any legal proceedings must respect the competent jurisdictions and follow the rules established by Swiss law (art. 22 CPC).

Article XXII. Date of Last Modification

These General Conditions of Sale were last updated on October 17, 2024 at 3:52 p.m., in Renens, Switzerland.

References to Codes of Law

1. Code of Obligations (CO) : Regulates aspects relating to contractual obligations, payment terms, late payment penalties, and terminations.

   • Articles 102 and following : Concerns payment deadlines and penalties in the event of late payment.
   • Article 106 : Defines penalties for non-compliance with payment obligations.
   • Article 404 : Deals with the termination of mandate contracts.
   • Article 119 : Mentions the suspension of obligations in the event of force majeure.

2. Trademark Protection Act (LPM) : Applies to registered domain names and customer responsibility to ensure there is no conflict with pre-existing trademarks.

3. Federal Law on Unfair Competition (LCD) : Regulates SEO transparency obligations and fair business practices.

4. Federal Copyright Act (LDA) : Covers the intellectual property rights on the content provided by the client and those created by TONIO SERVICE AGENCE WEB Sàrl.

5. Data Protection Act (DPA) : Governs the collection, processing, and protection of personal data in accordance with Swiss data protection standards.

6. Code of Civil Procedure (CPC) : Defines the jurisdiction of the courts in the event of a dispute.

   • Article 22 : Specifies the territorial jurisdiction of the courts.