Terms And Conditions – Digital Swiss Partners DSP SA

TERMS & CONDITIONS

Cost Estimates (Quotes) and Proposals

Digital Swiss Partners DSP SA may provide you with detailed project proposals and cost estimates for IT services, server hosting, and service provider solutions based on the requirements and specifications you supply. Our professional team interprets the information provided, and the subsequent proposals reflect our understanding of your project’s scope and needs, whether it involves website development, mobile application creation, or hosting services.

Please note that the initial costs are subject to modification. Changes may occur if the final requirements of the project differ from those initially provided or if there are alterations to the requirements after the quoting stage. Transparency and clear communication are paramount, and we encourage continuous dialogue to ensure that the proposed specifications align with your expectations.

All costs detailed in our quotes, proposals, website, and other marketing materials are exclusive of VAT, unless explicitly stated otherwise. Please be aware that Swiss VAT of 7.7% applies to all invoices issued by Digital Swiss Partners DSP SA, in accordance with Swiss taxation laws.

DSP SA Online Billing Service

Upon entering into a contractual agreement with Digital Swiss Partners DSP SA for IT Services, server hosting, service provider solutions, or any other services rendered, you, as a client or prospect, will be integrated into our secure online billing system. This system facilitates efficient and streamlined management of your financial engagements with us, allowing you to view and settle invoices, manage your account statement, and accept quotes specifically tailored to your requirements.

You will be provided with unique login credentials (username and password), safeguarded by appropriate encryption and security protocols in accordance with the Swiss Federal Act on Data Protection (nFADP). It is your sole responsibility to maintain the confidentiality of these credentials, and any unauthorized access resulting from the sharing or mishandling of these details shall not be the liability of Digital Swiss Partners DSP SA.

Digital Swiss Partners DSP SA reserves the right, at its sole discretion and in compliance with relevant laws and regulations, to delete, suspend, or archive your account, including but not limited to data such as invoices, quotes, and transaction records. You are expressly advised to retain copies of all pertinent documents and data, as Digital Swiss Partners DSP SA will not be held responsible for any loss or inconvenience arising from your failure to do so.

Should you encounter difficulties accessing your account or require assistance with any related matter, you may contact our dedicated support team via email at info@dspsa.ch. Our team is committed to adhering to best practices and Swiss legal requirements in handling your inquiries promptly and professionally.

Payment terms

General Payment Provisions: Digital Swiss Partners DSP SA operates on a deposit-payment basis, and no work will commence until the necessary upfront payments are received.

Design and Product Development Services:

50% Upfront Payment: This is required for IT services, servers hosting, web design, web development, mobile application development, email design, and similar services.
Interim Payment for Large Projects: Where the total value of the project is above 10,000.- CHF (or foreign currency equivalent), a second payment may be invoiced when the product is delivered to the stage where UAT has been reached. This payment is due upon delivery to the user acceptance test, not at the end of the user acceptance test. The amount of the second payment will be negotiated during the quotation phase (normally 25%) and specified in the payment terms on the quotation. This payment is due within 14 days of the invoice.
Balance Payment: Due within 14 days of going live or 30 days after the User Acceptance Test. If applicable, projects/work sent to the customer for final review and lacking feedback within 7 days are deemed complete, with the final invoice issued for payment.

Email Design:

100% Upfront Payment: Required if the total cost of the project is less than 1,000.- CHF (or foreign currency equivalent). E-mail design projects necessitate advance payment due to faster execution time.

Website and Domain Hosting:

Service Suspension and Reactivation: Digital Swiss Partners DSP SA may suspend any ongoing services without prior notice if payment(s) are not received on or before the due date. Reactivation may require a fee.
Domain Name: Non-renewal due to late payment places no liability on Digital Swiss Partners DSP SA. Renewal cannot be guaranteed after expiration.

ECommerce System Access:

Invoicing and Deactivation: Invoices are issued at the beginning of the month for the previous month’s usage. Non-payment may result in system deactivation, affecting website visitors’ ability to view or purchase products.

Project Commencement and Delays:

Start and Delays: No work will begin until upfront payments are received, and acceptance of a quote does not imply immediate start. Digital Swiss Partners DSP SA bears no responsibility for delivery delays due to payment delays.
Invoicing: All invoices are due within 14 days from the date of the invoice unless otherwise stated. Non-payment may result in appropriate legal actions.

Legal Protections:

Digital Swiss Partners DSP SA retains all rights to enforce these payment obligations, and these terms are designed to comply with and be governed by Swiss law.
Any disputes arising from or relating to these payment terms shall be subject to the exclusive jurisdiction of the competent courts in Switzerland.

IT Services:

Upfront Payment and Scope: Digital Swiss Partners DSP SA may require an upfront payment for IT services, servers hosting, and services provider engagements, with the amount based on the scope and complexity of the project as detailed in the proposal or quote.
Maintenance and Support: Ongoing maintenance and support contracts may be billed monthly or annually in advance. Any additional services requested beyond the agreed scope may incur additional charges at the prevailing rates.
Service Level Agreements: Specific service level agreements (SLAs) will be defined within each contract, detailing the expected service levels, response times, and any applicable penalties or credits for non-compliance.
Termination and Data Retention: Clients are responsible for understanding and complying with termination procedures, including any notice periods and obligations for data backup and retention. Digital Swiss Partners DSP SA is not responsible for data loss following termination if proper procedures are not followed.

Cancellation and refunds

Cancellation Request: If you decide not to proceed with a template that has been purchased and paid for online, it is crucial to contact Digital Swiss Partners DSP SA immediately to initiate the cancellation process. Timely communication is essential to determine the eligibility for a refund.
Assessment of Refund: Digital Swiss Partners DSP SA will assess the level of completion of the project at the time of cancellation. The refund amount, if any, will be determined by the specific stage of work completion, resources engaged, and other costs incurred until the cancellation request is received.
Administration Fee: An administration fee amounting to 20% of the cost of the template will be charged for all cancellations. This fee covers administrative efforts, resource reallocation, and other related costs incurred by Digital Swiss Partners DSP SA due to the cancellation.
Partial Work Delivery: In cases where significant work has been performed before the cancellation, Digital Swiss Partners DSP SA may offer partial delivery of the completed work. The client must agree to pay for the work delivered up to the point of cancellation.
Non-refundable Items: Certain costs, such as third-party licenses, specialized software, or subcontracted services, might be non-refundable. Digital Swiss Partners DSP SA will provide a detailed breakdown in such cases.
Cancellation Policy Acceptance: By purchasing a template or engaging in services with Digital Swiss Partners DSP SA, clients acknowledge and accept these cancellation terms. It is the client’s responsibility to understand the full implications of this policy.

Intellectual Property & Copyright

Intellectual property rights and copyright protection are addressed under the following stipulations:

Ownership and Use: All creative works, files, codes, and documents created by Digital Swiss Partners DSP SA remain its property until full payment for the project has been received. During the duration of the project, you may not use or recreate any artwork, concept, code, or document provided by Digital Swiss Partners DSP SA until the full payment agreed upon has been made. Any violation of this condition may constitute infringement of intellectual property rights.
Post-Payment Terms: Upon receipt of full payment, the intellectual property rights for the delivered work will be transferred to you as per the agreed terms. Specifics of this transfer, including the extent of rights and any potential exclusivity, will be detailed in the project contract.
Non-Payment Consequences: If full payment for the project is not received, Digital Swiss Partners DSP SA reserves the right to re-use, sell, or utilize the material developed for you in other projects, in line with the laws and regulations concerning intellectual property and copyright.

Product Development

Development of products, including websites, web/mobile applications, email templates, etc., will follow these processes:

Visual Approval: Digital Swiss Partners DSP SA will provide visual representations of the final product for your approval. You are required to finalize the design and layout using these visuals as guides prior to the start of production. Changes to design or layout once production has begun may incur additional charges.
Visual Discrepancies: Please be aware that the provided visuals may not exactly match the final working version of the product due to their static nature (JPG, TIFF, GIF, PNG, PSD) and the dynamic nature of web technologies used in the final product (HTML/PHP/CSS or other similar programs). You should use the visuals as guides when approving the aesthetics and layout.

Product Timeline

The timeline for product design and development is as follows:

Timeline Supply: Digital Swiss Partners DSP SA will supply a design and development timeline, outlining the workload and requirements from you. This schedule will serve as the main guide for the project’s progression.
Client’s Responsibility: It is your responsibility to provide us with the necessary requirements as per the timeline, including the deposit payment, content and images, feedback on visuals and functionality.
Feedback Time Allocation: During the scheduling process, we allocate a period between 1-5 business days for your feedback. The exact duration will be mentioned in the schedule.
Delay Consequences: If you do not supply us with the requirements according to the planned schedule, we may need to schedule other jobs, potentially causing a delay in your project completion date.

Copyright of sample images shown on the templates
The use of images within the template(s) provided by Digital Swiss Partners DSP SA is governed by the following conditions:

Sample Images: Images used within the template(s) are provided for illustrative purposes and serve as placeholders. These sample images are sourced from various platforms and their cost is not included in the pricing of the templates/designs.
Replacement of Images: Upon purchase of a template, Digital Swiss Partners DSP SA will replace these sample images with appropriate images that align with your business.
Supply of Images: You, as the client, are required to supply the images for replacement. All supplied images must respect intellectual property laws, and you affirm that you possess the necessary rights and permissions to use these images. Digital Swiss Partners DSP SA will handle these materials with the utmost confidentiality and care in line with intellectual property laws and data protection standards.
Image Sourcing: Should Digital Swiss Partners DSP SA be requested to source images relevant to your business, or if the decision is made to purchase the rights to use the sample images shown, additional charges may be incurred. In such cases, Digital Swiss Partners DSP SA will ensure to secure proper licensing for these images, in accordance with intellectual property laws and regulations.
Acknowledgment of Rights: It is explicitly understood that any images used in the templates do not transfer any copyright or ownership to the client. All rights remain with their respective owners.

Account access and privacy
Digital Swiss Partners DSP SA team may require access to your email marketing account when setting up email templates or resolving issues on pre-existing templates. Such access must be provided in strict accordance with the following terms:

Compliance with Regulations: All activities will be conducted in compliance with the General Data Protection Regulation (GDPR), the new Federal Act on Data Protection (nFADP) of Switzerland, and any other relevant data protection laws.
Granting Access: If your email marketing service provider is NOT Digital Swiss Partners DSP SA, you must create a specific access role for the Digital Swiss Partners DSP SA team, with clearly defined and limited privileges tailored to the tasks at hand. This must be achieved through role-based access control (RBAC) to ensure compliance with the GDPR and nFADP. The access must not include unnecessary permissions and must be time-bound to the duration of the project.
Creation of Secure Credentials: You are solely responsible for generating a robust and secure username and password, adhering to the latest cryptographic standards, and employing multi-factor authentication where feasible. Random parties must not be able to easily guess or break these credentials. Digital Swiss Partners DSP SA recommends employing a secure password manager and consulting with IT security professionals if needed.
Revocation of Access: Immediately upon completion of the project, or if the project is terminated or suspended, the access privileges granted to Digital Swiss Partners DSP SA must be revoked without undue delay. Periodic access reviews should be conducted to ensure adherence to this requirement.
Third-Party Restrictions: Digital Swiss Partners DSP SA will not, under any circumstances, sell, lease, or provide your login details to any third parties, or access, download, copy, or delete your existing databases (contact lists). The login details will only be utilized for the express purpose of completing the tasks as agreed upon.
Data Security Commitment: Digital Swiss Partners DSP SA commits to implementing suitable technical and organizational measures to ensure a level of security appropriate to the risk, in line with the GDPR and applicable Swiss laws, including nFADP. Any subcontracting will be in line with data protection laws, and a Data Processing Agreement can be implemented if needed.
Limitation of Liability: While Digital Swiss Partners DSP SA will employ industry best practices to secure your account login details, Digital Swiss Partners DSP SA shall not be liable for unauthorized access to your account and its content using the login supplied by you. The responsibility rests with you to ensure the creation of a secure login, the proper management of access rights, and prompt revocation of access following the guidelines above.
Notification of Breach: In accordance with applicable data protection laws, including GDPR and nFADP, Digital Swiss Partners DSP SA will promptly notify you in case of a breach of personal data, taking into account the nature of processing and the potential risk to individuals’ rights and freedoms.
Jurisdiction and Dispute Resolution: Any disputes arising from this agreement shall be governed by the laws of Switzerland, and the parties agree to submit to the exclusive jurisdiction of the Swiss courts.

By implementing these comprehensive procedures, Digital Swiss Partners DSP SA maintains a commitment to data protection and security, ensuring that the collaboration is aligned with both Swiss and European electronic data legal requirements, including compliance with the nFADP, and industry best practices.

Starting of project
Digital Swiss Partners DSP SA will not commence the re-branding of your template until the following conditions have been met:

Full Payment: All due payments must be completed in accordance with the agreed-upon terms and schedule. Payment must be made through a secure method that ensures compliance with applicable financial regulations and data protection laws, including the new Federal Act on Data Protection (nFADP) of Switzerland.
Submission of Branding Material: All required branding material, including logos, trademarks, color schemes, and any other relevant intellectual property, must be received by Digital Swiss Partners DSP SA. The submission process must adhere to secure communication protocols, and Digital Swiss Partners DSP SA commits to handling these materials with the utmost confidentiality and care in line with intellectual property laws and data protection standards.
Written Acknowledgment: A written acknowledgment of the receipt of both full payment and all required branding material will be provided by Digital Swiss Partners DSP SA. This acknowledgment will serve as the formal starting point for the re-branding project, and the work will commence in accordance with the agreed-upon timelines and project plan.
Compliance with Contractual Terms: The initiation of the project will be carried out in strict adherence to the contractual terms agreed upon between the parties. This includes compliance with applicable laws and regulations, confidentiality agreements, and any other stipulations as detailed in the project contract.

Working with third party suppliers

Engagement and Compliance:

Digital Swiss Partners DSP SA engages third-party suppliers for specialized services, including email marketing, web hosting, search engine advertising, and other technology solutions. All such engagements are undertaken in full compliance with Swiss and European laws, including GDPR, and are subject to rigorous legal scrutiny.

Trust and Security at Our Core:

Confidentiality: Non-disclosure agreements with all third-party suppliers ensure the utmost confidentiality of client information.
Data Protection: Strict adherence to Swiss Federal Data Protection Act (FADP) and GDPR. Regular audits and compliance checks are conducted.
Risk Management: Assessment and management of legal, financial, and operational risks related to third-party engagements.

Client Consent and Transparency:

Informed Consent: Explicit written consent obtained, clearly delineating the roles, responsibilities, and scope of services of third-party suppliers.
Non-Disclosure of Financial Terms: All financial arrangements with third-party suppliers remain strictly confidential between Digital Swiss Partners DSP SA and the supplier.

Project Management and Collaboration:

Contractual Obligations: Detailed contracts with third-party suppliers outline performance expectations, timelines, quality controls, liability clauses, dispute resolution mechanisms, and termination conditions.
Quality Assurance: Regular monitoring, evaluations, and quality assurance checks ensure adherence to agreed standards and client expectations.

Liability and Responsibility:

Limited Liability: Clauses detailing the limitations of Digital Swiss Partners DSP SA’s liability in the event of third-party failures or malfunctions.
Insurance Requirements: Indemnification and appropriate insurance coverages, including professional liability insurance.
Issue Redirection: Established procedures for directing and resolving any third-party-related issues, with legal support if necessary.

Intellectual Property Rights:

IP Protections: Agreements concerning intellectual property rights, ensuring that all intellectual property developed or used remains protected.

Regulatory Compliance and Governance:

Compliance with Regulations: Adherence to all relevant local, national, and international regulations governing third-party engagements.
Governance Structure: Clear governance mechanisms outlining roles, responsibilities, escalation processes, and oversight.

Ethical Considerations:

Ethical Engagements: Commitment to engaging with third-party suppliers that share our values, ethics, and commitment to social responsibility.
Sustainable Practices: Consideration of environmental and social impacts.

Digital Swiss Partners DSP SA’s engagement with third-party suppliers is defined by our unwavering commitment to legal compliance, transparency, ethical engagement, and quality assurance. Through meticulous legal processes and oversight, we ensure that our clients are fully informed and protected, while respecting the confidentiality of proprietary and financial information.

Data Protection and Compliance with nFADP
Digital Swiss Partners DSP SA is committed to upholding the highest standards of data protection and privacy, in full alignment with the New Federal Act on Data Protection (nFADP) of Switzerland. All personal, sensitive, and business-related information collected, stored, processed, or transmitted by Digital Swiss Partners DSP SA is handled with utmost care and in strict compliance with the nFADP.

Our data protection measures include, but are not limited to, the application of industry-standard security protocols, regular monitoring and updating of our systems, provision of access only to authorized personnel, and transparency in our processing activities. All activities involving personal data adhere to the principles of lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity, confidentiality, and accountability, as required by nFADP.

Individuals whose data is processed by Digital Swiss Partners DSP SA have the right to access, rectify, erase, or object to their data processing, in accordance with the legal provisions. Any request related to personal data shall be promptly addressed in line with the timelines and procedures mandated by nFADP.

Digital Swiss Partners DSP SA will maintain records of all data processing activities to demonstrate compliance with the nFADP and will engage in regular audits to ensure ongoing adherence. Cooperation with supervisory authorities and third-party data protection officers is ensured, where applicable.

This policy is binding on all employees, contractors, and third parties associated with Digital Swiss Partners DSP SA and is subject to regular review and update to reflect changes in the applicable legal framework or operational practices. Non-compliance will be treated seriously and may lead to disciplinary or legal action, as appropriate.

Please direct any inquiries or requests related to this policy to our designated Data Protection Officer at info@dspsa.ch or +41 22 552 08 10