NEW MEDIA COMPANY AG: Web Design + Mobile Development, Mobile Apps + Web Apps, Web Consulting, Graphic Design + Multimedia
All content copyright ©2016 NMC / Newmedia Company / All rights reserved
ATTENTION: This legal notice applies to the entire contents of the web site under the domain name newmedia.company (“Site”) and to any correspondence by e-mail between NMC and any User (as defined below). Please read these terms and conditions carefully before using the Site. Use of the Site indicates that you accept these terms and conditions regardless of whether or not you choose to register with us. If you do not accept these terms and conditions please do not use this Site.
Date: December 3, 2016
The present Terms and Conditions (“T&Cs”) govern the legal relationship between NewMedia.Company (NMC) AG (“NMC”) and its clients. They are an integral part of every contract, which NMC concludes with its clients and of every proposal of services.
The current version can be found on www.newmedia.company. The T&Cs may be changed at any time without notice for any reason. The version that was valid at the time of signing the contract or acceptance of the proposal is decisive.
By signing a contract or accepting a proposal, the client confirms to have read and understood the T&Cs fully and that he agrees with its contents.
- Contract object
NMC provides services in consulting, creating and designing websites, apps and other new media for clients as described in an individual proposal.
The proposal contains the detailed scope of services, that NMC provides for the client, a project timeline and the price. Additional services that are not included in the scope of services may be billed separately at the current applicable hourly rate of CHF 125.
If a third party application is used on a client’s project, NMC is not responsible in maintaining this application past the first 60 days of the initial project launch.
- Acceptance of proposal
The client accepts the proposal by electronic confirmation, which includes the detailed scope of services and the price. NMC has the right to refuse a project without giving a reason.
- Fees and Payment
The first meeting and informative discussion between NMC and the client is free of charge and without obligations.
For projects, one third of the agreed fee is due upon acceptance of the proposal. Two-thirds of the fee are due 10 days after the final invoice is sent. The go live of the website or delivery of the app is subject to the payment of this final fee. Retainer fees will be billed every month.
NMC may agree individual payment terms with clients.
- Late payment
If a client has not met his payment obligation, NMC will send a first reminder by email to pay within 10 days. If the client does not pay, a second reminder will be sent, giving another 10 days for payment. At the same time NMC reserves the right to take the website or any services offline or to stop working on the project until payment is received. In addition, a fee of CHF 20 and interest, calculated from the expiration of the initial payment period, can be charged. If the client is still not meeting his payment obligations after the second reminder, NMC may terminate the contract without notice. If payment is received after the period of the second reminder, NMC may charge an activation fee of CHF 500.
NMC is excluded from liability for damages to the extent permitted by law. NMC is not liable for illegal or immoral content on the websites of the client, social media postings that NMC does on behalf of the client or for links to other websites and their contents as well as for all damages incurred by the client regardless of the cause by third parties.
- Obligations of the client
Within 30 days of acceptance of the offer, unless otherwise agreed, the client provides NMC the necessary content for the development, production and / or design of the website, such as text, images, graphics and other data. NMC will inform the client in advance as to which content is needed. If the content is not delivered on time, NMC will send a first reminder, granting an additional 30 days for delivery. If this additional deadline is not met, NMC may stop work on the project and terminate the contract without notice. If the client delivers the content after this second deadline, NMC may charge the client a reactivation fee of 500 CHF. The deadline for data delivery by the client is specified in the project plan of the offer. If a client requires an extended deadline after acceptance of the offer, that is agreed by NMC, NMC has the right to charge an additional fee.
- Content and artwork
Clients agree to observe legal regulations and generally accepted rules of behavior when designing their website or producing social media content. Content, information and layout of the web pages or social media posts may not violate legal regulations of Switzerland or other countries. The client is obliged to ensure that linked websites do not contain illegal or immoral content and that the owner of the linked page has no objections to a link on his page. The client is responsible for ensuring that websites with age restrictions cannot be accessed by those under that age. The client ensures that all elements of text, images or other artwork provided to NMC is owned by themselves or that they have permission to use them.
The copyright of the websites and software developed by NMC remains with NMC. The client gets a right of use. NMC reserves the copyright and exploitation rights to the proprietary software. The intellectual property, in particular copyright on all programming created by NMC remains with NMC. The client acquires only a right of use to the extent as defined in the proposal. The client ensures that the design and content of the website do not infringe copyrights of third parties. The client accepts that NMC cannot be held liable by third parties for copyright violations.
- Termination for Cause
NMC or the client may terminate an agreement if the other party defaults in the performance of any of its material duties and obligations and the defaulting party is not commencing to diligently cure the default within thirty days of the receipt of notice of said default.
If any provision of these Terms and Conditions is invalid, ineffective or impractical, the remaining parts are not affected.
In this case, the parties undertake to replace the invalid, ineffective or unrealizable part of the T&Cs with a valid, effective and achievable provision that comes closest to the original intention of the parties.
The client agrees to defend, indemnify and hold NMC harmless from any and all claims, demands, losses and liabilities to or by third parties arising from, resulting from or connected with services performed or to be performed under the Agreement by NMC or NMC’s agents or employees to the fullest extent permitted by law.
The client agrees to indemnify NMC against all damages, losses and expenses arising as a result of any action or claim that the Site Software or the Materials, which is defined as anything posted by NMC or any third party on any client website or social media profile, infringe any Intellectual Property Rights of a third party.
The client agrees to indemnify NMC against all damages, losses and expenses arising as a result of any action or claim that the Materials or any other material posted to, or linked to, any client site or social media profile constitutes Inappropriate Content.
This contract is subject to Swiss law. Place of jurisdiction is Schwyz.