General terms and conditions
These general terms and conditions (GTC) govern the contractual relationship between Fachbyte, Christian Hählen (“Fachbyte”), and its clients (“Client”) for all services in the areas of IT, web and digital solutions.
1. Scope
These GTC apply to all offers, orders and contracts between Fachbyte and the Client. Deviating terms of the Client apply only if Fachbyte has expressly agreed to them in writing. By placing an order, the Client accepts these GTC.
2. Contracting party
The contracting party is Fachbyte – Christian Hählen. Contact details and registered address can be found in the legal notice. Enquiries are made via the contact form.
3. Offer and conclusion of contract
Offers by Fachbyte are non-binding unless expressly designated as binding. A contract is concluded when Fachbyte confirms an order in writing (including by email) or begins performance. Verbal side agreements require confirmation in text form to be effective.
4. Services
Fachbyte provides services in IT support, networks & Wi-Fi, websites and digital systems, including remote support. The scope of the service results from the offer or order confirmation. Fachbyte performs its services professionally and in line with the current state of the art. Unless otherwise agreed, Fachbyte owes diligent effort rather than a specific outcome.
5. Prices and effort
The prices stated in the offer apply; without an offer, work is billed by effort at the applicable hourly rate. Prices are in Swiss francs (CHF). Disbursements and third-party costs (e.g. licences, hosting, hardware) are billed separately. Additional services not included in the offer are billed by effort.
6. Payment terms
Invoices are payable within 30 days of the invoice date without deduction. For larger projects, a partial payment on order placement and a final payment after acceptance may be agreed. In the event of late payment, Fachbyte is entitled to suspend ongoing work and to charge default interest in accordance with statutory provisions.
7. Client's cooperation
The Client provides the information, content, access and cooperation required for the provision of the service in good time and in full. Delays caused by missing or late cooperation are not attributable to Fachbyte and may result in additional effort.
8. Dates and deadlines
Dates and deadlines are binding only if expressly agreed as binding. Delays due to force majeure or for reasons beyond Fachbyte's control (e.g. outages at third-party providers) extend agreed deadlines appropriately.
9. Website and digital projects
For website and digital projects, the Client accepts the work after completion. Reported defects are remedied within the agreed scope. Fachbyte grants the Client the rights required for the agreed use of the created work results after full payment. Third-party software, libraries and fonts used are subject to the licence terms of the respective providers.
10. Third parties and external services
Fachbyte may use third-party services to provide its services (e.g. hosting, email, payment or booking services). The terms of the respective third parties apply to their services; Fachbyte assumes no warranty for availability or services outside its own sphere of influence.
11. Warranty
Fachbyte remedies proven defects existing at acceptance or performance within a reasonable period by rectification. This requires an immediate, comprehensible notice of defects. No warranty applies to defects resulting from improper use, unauthorised changes by the Client or external influences.
12. Liability
Fachbyte is liable for damages only in the event of intent or gross negligence. Liability for slight negligence and for indirect damage, consequential damage, data loss and lost profit is excluded to the extent permitted by law. The Client is responsible for maintaining regular, up-to-date data backups.
13. Data protection
The processing of personal data is governed by the privacy policy. The Swiss Data Protection Act (revDSG) and – where applicable – the European General Data Protection Regulation (GDPR) apply.
14. Term and termination
One-off orders end upon full performance and payment. For recurring services (e.g. support or maintenance agreements), the agreed term applies; without a specific agreement, they may be terminated with 30 days' notice to the end of the month. The right to terminate for good cause remains reserved.
15. Final provisions
Amendments and additions require text form. Should any provision of these GTC be invalid, the validity of the remaining provisions remains unaffected; the invalid provision is replaced by a rule that comes closest to its economic purpose. Swiss law applies exclusively. The place of jurisdiction is – to the extent permitted by law – the registered office of Fachbyte.