General Terms and Conditions of Sale (GTC)
1. Purpose and scope
These General Terms and Conditions of Sale (hereinafter "GTC") govern the contractual relationship between greeNative Web Agency (hereinafter "the Agency") and its clients (hereinafter "the Client"). They apply to all services offered by the Agency (website design, SEO, maintenance, web hosting, etc.). The signing of a quotation or the payment of a deposit constitutes full, complete and unreserved acceptance of these GTC, which take precedence over any other document issued by the Client.
2. Multiple contractors
Where a quotation is drawn up in the name of several natural or legal persons, they are deemed to be jointly and severally liable. The Agency may claim the full amount due from any of the signatories in the event of non-payment.
3. Rates and payment terms
Unless otherwise stated in the quotation, the payment terms for web design projects are as follows:
- A deposit of 50% is payable upon placing the order, subject to which work will commence.
- 50% in stock when the website goes live.
Invoices are payable within 15 days. Any delay in payment will result in the application of late payment charges. In the event of persistent non-payment, the Agency reserves the right to immediately suspend the provision of services currently being carried out or access to services (web hosting, email), without the Client being entitled to claim any compensation for loss of turnover.
4. Deadlines, delivery and tacit acceptance
The Client undertakes to cooperate actively and to provide all the materials required for the completion of the project (text, images, access). Delivery times are given for information purposes only and shall commence only upon full receipt of these materials.
Any delay attributable to the Client (failure to provide content, lack of approval) will result in a corresponding extension of the delivery times. If a project is put on hold by the Client for more than 30 days, the Agency reserves the right to invoice the Client for the work already completed, and work will resume as soon as the Client re-establishes contact. If the Client does not make contact within 3 months, the Agency may charge additional amendment fees.
As soon as the Agency presents the finalised website to the Client (either by officially going live or by sending a pre-production link), the Client has 30 calendar days to submit a single, comprehensive list of corrections relating to the specifications.
Tacit approval: Once this 30-day period has elapsed, and in the absence of any formal response from the Client (particularly if the Client is unavailable), the project shall be deemed to have been definitively approved and accepted. The balance of 50% shall then become immediately payable. Payment of this balance may under no circumstances be delayed or made conditional upon the opinions of third parties or the Client’s unavailability to carry out their review.
5. Responsibility for content and intellectual property
The Client is solely responsible for the content (text, images, videos) that they submit to the Agency for publication. They warrant that they hold all necessary intellectual property rights and undertake to indemnify the Agency against any claim or judgement arising from an infringement of third-party copyright.
Ownership of the computer code and design created by the Agency is transferred to the Client only once all invoices relating to the project have been paid in full.
6. Changes, revisions and developments to the project
The agreed rates cover the services set out in the initial quotation and include a standard round of revisions (by default, two rounds of minor corrections prior to final approval). Subsequent changes of mind regarding the design or site structure during development, which delay the launch, are not included.
Any request for structural changes, the addition of new features, or the incorporation of new strategic recommendations (particularly following advice from sources outside the original project) will be considered a change outside the scope of the project. Such requests will be subject to additional invoicing at an hourly rate of CHF 125 per hour or a supplementary quotation, and shall not constitute grounds for withholding payment for the initial service delivered.
7. Hosting, Illegal Use and Maintenance
The Agency offers hosting solutions on its partner servers. The Client undertakes not to use their web space for unlawful activities (sending spam, defamatory content, hacking). The Agency reserves the right to block, without prior notice, any website that breaches these rules or threatens the security of the server.
Unless an annual maintenance contract has been taken out, the Agency shall not be liable for any malfunctions occurring after the website goes live, in particular those caused by browser updates, conflicts with third-party plug-ins, or hacking.
8. Limitation of liability
The Agency undertakes to provide its services with due care (obligation of means). However, given the nature of the Internet, the Agency cannot guarantee that there will be no service interruptions whatsoever. The Agency’s liability is strictly limited to the amount invoiced for the service. Under no circumstances shall the Agency be held liable for indirect damages (loss of data, loss of profit, loss of business).
9. Right of publicity
Unless otherwise prohibited in writing by the Client, the Agency reserves the right to include a discreet commercial reference (such as "Web design: greeNative") in the footer of the website created, and to use the project as a reference in its portfolio and marketing materials.
10. Applicable law and jurisdiction
These General Terms and Conditions are governed by Swiss law. In the event of a dispute that cannot be resolved amicably, the exclusive place of jurisdiction shall be Lausanne (Canton of Vaud), subject to the right of appeal to the Federal Supreme Court.