Terms and Conditions
1. Scope
1.1 The following General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between snø, Gregory Plüss (hereinafter "Contractor") and the customer (hereinafter "Client").
1.2 Deviating terms and conditions of the Client shall not apply unless the Contractor expressly agrees to their validity in writing.
1.3 These GTC also apply to all future business relationships, even if they are not expressly agreed upon again.
2. Subject Matter and Scope of Services
2.1 The Contractor provides services in the fields of web development, software development, and UI/UX design in accordance with the specifications set out in a separate offer or order confirmation.
2.2 The nature and scope of the services to be provided shall be determined by the offer prepared by the Contractor, the order confirmation, these GTC, and any supplementary written agreements between the parties.
2.3 Changes or extensions to the scope of services require written form and may result in an adjustment of the remuneration and the delivery or performance deadlines.
3. Conclusion of Contract
3.1 Offers made by the Contractor are non-binding and subject to change, unless expressly marked as binding.
3.2 A contract is concluded only upon written order confirmation by the Contractor or upon commencement of performance.
4. Client's Obligations to Cooperate
4.1 The Client shall provide the Contractor with all documents, information, and materials required for the execution of the project (for example, texts, images, graphics, logos, videos) in a timely manner and shall ensure their legal compliance.
4.2 The Client shall designate a contact person responsible for coordinating the project and authorised to make binding decisions.
4.3 The Client shall review and test interim results and completed work without delay and shall promptly notify the Contractor of any change requests or defects.
4.4 If the Client fails to fulfil their obligations to cooperate, the Contractor is entitled to suspend performance until the Client fulfils these obligations. Any resulting delays and additional costs shall be borne by the Client.
5. Remuneration and Payment Terms
5.1 The Contractor's remuneration shall be based on the prices agreed in the offer or order confirmation. All prices are exclusive of statutory value-added tax (VAT).
5.2 Unless otherwise agreed, the Contractor shall invoice their services as follows:
30% of the agreed remuneration upon placement of the order
40% of the agreed remuneration upon completion and presentation of the first functional prototype
30% of the agreed remuneration upon acceptance and handover of the project
5.3 Invoices are due for payment within 20 days of the invoice date without deduction, unless otherwise agreed.
5.4 For extensive projects with a duration of more than three months, the Contractor is entitled to request monthly progress payments for services already rendered.
5.5 In the event of late payment, the Contractor is entitled to charge default interest of 5% per annum in accordance with Art. 104 of the Swiss Code of Obligations (OR). The right to claim further damages caused by the delay is reserved.
6. Deadlines and Schedules
6.1 Delivery and performance dates are non-binding unless expressly agreed otherwise in writing.
6.2 The Contractor shall inform the Client without delay if it becomes foreseeable that agreed deadlines cannot be met.
6.3 The Contractor shall not be responsible for delivery and performance delays due to force majeure or due to events that significantly hinder or render impossible the Contractor's performance (e.g. strikes, lockouts, government orders), even in the case of bindingly agreed deadlines.
7. Acceptance
7.1 Upon completion of the agreed services, the Contractor shall call upon the Client to accept them.
7.2 The Client shall review and accept the services rendered without delay, but no later than within 14 days of the Contractor's request, provided the services have been rendered substantially in accordance with the contract.
7.3 Acceptance shall be deemed to have taken place if:
the Client expressly declares acceptance,
the Client uses the services rendered productively,
the Client does not give written notice of any material defects within the 14-day period, or
the Client fails to carry out acceptance within a reasonable additional period set by the Contractor.
8. Warranty and Liability
8.1 The Contractor warrants that their services are free from defects that eliminate or significantly reduce their value or fitness for the use intended under the contract.
8.2 The Client shall give written notice of any defects without delay. In accordance with Art. 201 of the Swiss Code of Obligations (OR), inspection and notification of defects shall be carried out as promptly as is feasible in the ordinary course of business.
8.3 In the case of justified notice of defects, the Contractor has the right to remedy the defect. Only if such remedy fails may the Client demand a reduction of the remuneration or rescission of the contract.
8.4 The Contractor is liable for damages caused by intentional or grossly negligent breaches of duty by the Contractor, their legal representatives, or vicarious agents.
8.5 The Contractor's liability is limited to foreseeable damages that typically occur, unless the Contractor is found to have acted with intent.
8.6 The above limitations of liability do not apply to injury to life, body, or health, or to mandatory statutory liability provisions.
8.7 The Contractor assumes no liability for the legal admissibility of content provided by the Client (texts, images, videos, etc.). The Client shall indemnify the Contractor against all third-party claims arising from the infringement of protected rights through content provided by the Client.
9. Rights of Use and Copyright
9.1 Upon full payment of the agreed remuneration, the Contractor grants the Client a non-exclusive, unlimited right of use to the services rendered, to the extent required for the contractually agreed purpose.
9.2 Unless otherwise agreed, all further rights, in particular the right to modification, reproduction, distribution, and public communication, remain with the Contractor.
9.3 The Contractor is entitled to place a reference to their authorship on the websites created and in other work results, unless otherwise agreed with the Client.
9.4 The Contractor is entitled to cite the work created for the Client as a reference and to include it in their portfolio, unless expressly agreed otherwise.
10. Confidentiality and Data Protection
10.1 The parties undertake to keep confidential all business and trade secrets and other confidential information of the other party that comes to their knowledge in the course of the cooperation and not to disclose such information to third parties.
10.2 The Contractor processes personal data transmitted by the Client exclusively for the purpose of performing the contract and in compliance with applicable Swiss data protection regulations, in particular the Federal Act on Data Protection (FADP).
11. Termination
11.1 If a continuing obligation has been agreed, this may be terminated by either party with three months' notice to the end of a calendar year, unless otherwise agreed.
11.2 The right to extraordinary termination for good cause remains unaffected.
11.3 In the event of early termination of the contractual relationship, the Contractor is entitled to remuneration for services rendered up to the time of termination.
12. Final Provisions
12.1 The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the Contractor's place of business, unless mandatory statutory provisions provide otherwise.
12.2 The law of the Swiss Confederation shall apply.
12.3 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
12.4 Amendments and additions to these GTC require written form. This also applies to the waiver of this written form requirement.
Version: 1 June 2026
snø GmbH
c/o Gregory Plüss
Schönaustrasse 50
CH-8344 Bäretswil
Email: hello@snoe.digital