General terms & conditions
Version 07.2026 · replaces version 10.2018
1. Scope
1.1 These general terms and conditions (GTC) form part of every contract between the client and Marcel Maurice Naef, Winterthur (hereinafter MAURICE NAEF). They create clarity in the collaboration and are meant to rule out unpleasant surprises on either side.
1.2 Deviations from these GTC are only effective if confirmed in writing (email suffices) by MAURICE NAEF.
1.3 MAURICE NAEF may amend these GTC at any time. For existing engagements, the version published at the time the contract was concluded applies.
2. Scope of services
2.1 Design and development — Websites and web applications are built to the client's wishes and to current web standards (performance, accessibility, responsive layout). The client is advised with regard to target audience and user needs.
2.2 Code and usage rights — Upon full payment the client receives a perpetual, transferable right to use the project-specific code and full ownership of the project's design and content: the website belongs to the client. Open-source components used (e.g. frameworks and libraries) remain subject to their respective licences. Reusable tools and building blocks that are not project-specific remain the intellectual property of MAURICE NAEF.
2.3 Client content — Texts, images and other content supplied by the client remain the client's property.
2.4 Hosting, domains and third-party services — Setup of hosting, domains and external services (e.g. Cloudflare, payment or AI services) is agreed individually. The contractual relationship with such providers exists directly between the client and the provider; their costs are borne by the client.
2.5 Maintenance — Maintenance and support are only included if expressly agreed (e.g. as a care subscription) and are billed separately.
2.6 Revisions — Unless agreed otherwise, if the client genuinely dislikes the first draft, one further revision round with a reworked design is included.
3. Warranty
3.1 MAURICE NAEF performs the engagement with the greatest possible care and treats supplied materials, documents and credentials carefully and confidentially.
3.2 Defects in the delivered work are remedied free of charge within a warranty period of six months from delivery or acceptance.
3.3 If rectification fails, the client may demand a reduction of the fee or rescission of the contract. Further claims are excluded except in cases of intent or gross negligence.
4. Limitation of liability
4.1 MAURICE NAEF is not liable for damage caused by defects or outages of third-party software and services (e.g. hosting, external interfaces, AI services).
4.2 All further claims, on whatever legal basis — in particular compensation for damage not arising to the delivered work itself — are excluded, except in cases of intent or gross negligence.
5. Conclusion of contract
5.1 Quotes are always non-binding. This also applies to the instant quote on this website: it provides estimates, not a binding offer. Binding is the fixed price in the written quote.
5.2 Engagements are accepted under these GTC upon written order confirmation (email suffices) or upon receipt of the deposit.
6. Prices and payment
6.1 Full payment is due within 20 days of the invoice date, following acceptance of the work.
6.2 For engagements above CHF 1,000, MAURICE NAEF may request a deposit of 50% of the estimated total. In that case, work starts upon receipt of payment.
6.3 Additional services not included in the quote are billed separately. This applies in particular to extra effort caused by the client's breach of their duties to cooperate.
6.4 Until full payment, all copyright and usage rights to the delivered work remain with MAURICE NAEF. Upon full settlement, the rights pass to the client in accordance with section 2.
7. Late payment
7.1 If the invoice is not settled on time, a payment reminder is sent by email. From the second reminder, a fee of CHF 35 per reminder plus default interest of 5% p.a. applies. If the third reminder is also unsuccessful, debt collection proceedings are initiated; all resulting costs plus an administration fee of CHF 150 are borne by the client.
7.2 From the third reminder, MAURICE NAEF reserves the right to take the website offline. Suspension does not release the client from the obligation to pay.
8. Deadlines and cooperation
8.1 Deadlines are recorded or confirmed in writing.
8.2 If the client does not meet their duties to cooperate (in particular delivering content on time and in digital form), agreed deadlines can no longer be guaranteed.
8.3 If MAURICE NAEF cannot meet a deadline due to technical problems, illness or another compelling reason, no liability is assumed for consequential damage.
9. Client's duties and responsibility
9.1 The client is fully responsible for the information they make publicly available via their website.
9.2 The client ensures that they hold the necessary rights to all supplied content (texts, images, logos, fonts).
10. Acceptance and termination
10.1 If the client does not accept the completed work within a review period of five working days and raises no substantiated objection, the work is deemed accepted.
10.2 The contract is fulfilled upon full settlement of the final invoice.
10.3 If either party withdraws from the contract, all ongoing work stops; work already performed becomes due immediately on a pro-rata basis.
10.4 If the client breaches these terms, MAURICE NAEF may terminate the contract without notice and cease further services.
11. Attribution
11.1 Unless agreed otherwise, MAURICE NAEF may place a discreet credit with a link in the footer of the created website and show the project as a reference (e.g. with drafts and screenshots) on its own website and in presentations.
12. Privacy
12.1 The client's personal data is processed solely to fulfil the engagement and is not passed on to third parties unless required for service delivery (e.g. hosting). Swiss data protection law (revFADP) applies. Details can be found in the legal notice.
13. Jurisdiction and final provisions
13.1 Swiss law applies. The place of jurisdiction is Winterthur.
13.2 Should any provision of these GTC prove invalid or ineffective, the validity of the remaining provisions remains unaffected. The ineffective provision is replaced by a rule that comes closest to its economic purpose.
Questions about these terms? me@mauricenaef.ch