General Terms and Conditions (GTC)

These General Terms and Conditions (GTC) govern the relationship between eSysAgency – Alin Ghiorghiu and its clients for all services agreed via the website, by email or in writing. They apply to private individuals and businesses under Swiss law.

Company details

Deviating, conflicting or supplementary terms and conditions of the client shall apply only if eSys Agency has expressly agreed to their validity in writing.

A contract between the client and eSys Agency is concluded only upon written confirmation by eSys Agency. Until then, all requests are non-binding enquiries.

Quotes

Unless otherwise stated, quotes from eSys Agency are valid for 30 days and expire automatically thereafter.

Obligations of the client

• •Complete and correct details (name, address, email, phone)
• •For businesses: a valid UID or commercial register number
• •Timely provision of content, access credentials and required materials
• •Designation of a responsible contact person

eSys Agency offers digital services in the following areas. The specific scope of services is set out in the individual quote or in the contract concluded in writing.

Web design & development

• •Web design and web development (WordPress, HTML/CSS, custom solutions)
• •Online shops
• •Landing pages
• •Responsive design for all devices

Hosting & infrastructure

• •Web hosting and domain registration
• •SSL certificates
• •Maintenance, backups and security updates

Marketing & SEO

• •Search engine optimisation (SEO)
• •Google Ads
• •Social media marketing
• •Email marketing

Branding & design

• •Logo design
• •Corporate identity
• •Graphic design
• •Presentations

Copyright

The agreed rights of use pass to the client upon payment in full (in the case of payment by instalments: after the last instalment). eSys Agency reserves the right to use the work created in reference lists.

All prices are in CHF and are exclusive of Swiss value added tax (8.1% VAT), unless otherwise stated.

Payment terms

• •One-off projects: 50% deposit upon order confirmation, 50% upon completion — alternatively full payment in advance with a 10% discount (see below)
• •Fixed-price website and online shop projects: on request also in 6, 12 or 24 monthly instalments (see “Payment by instalments” below)
• •Monthly services (maintenance, SEO, Ads, social media): payment in advance, at the beginning of each month
• •Invoices are, as a rule, payable within 14 days of issue

Payment by instalments for website and online shop projects

For the creation of a website or an online shop at a fixed price, the client may choose payment by instalments instead of a single payment. The following conditions apply; the specific amounts and the number of instalments are set out in the contract.

• •Instalments and surcharge: 6 monthly instalments (+5%), 12 monthly instalments (+10%) or 24 monthly instalments (+20%) on the fixed price, in each case plus VAT. The first instalment is invoiced at the start of the contract, and each further instalment monthly on the same calendar day.
• •Payment arrangement only: Payment by instalments is a deferral of payment of the fixed price. It does not constitute a subscription and does not give rise to any right of ordinary termination; the instalments remain owed even if the client no longer uses the website or engages another provider.
• •Ownership until payment in full: Until all instalments have been paid, the website or online shop (design, code, individually created content, database, configuration) remains the property of eSys Agency; until then, the copyright and rights of use remain with eSys Agency.
• •Operation on our servers: Until payment in full, the work is operated on eSys Agency’s own servers. The client receives a simple (non-exclusive) licence of use and editorial access to maintain its content, provided it is not in default of payment.
• •Full access after payment in full: Within 5 working days of payment of the last instalment, the client receives, free of charge, full access to the hosting, the website (administrator rights) and backups; the rights of use pass to the client. Unpaid invoices for other services (e.g. hosting or maintenance) do not prevent this transfer.
• •Early payment: The outstanding balance may be paid early, in whole or in part, at any time (in the client portal or on request); no instalment surcharge applies to instalments paid early that are not yet due.
• •Default and acceleration: If an instalment is not paid even within a grace period of 10 days after a reminder, the entire outstanding fixed price becomes due immediately; the instalment surcharge is then owed only for the instalments already fallen due. eSys Agency may also suspend the licence of use and the editorial access until the outstanding amounts have been paid.
• •Business clients only: Payment by instalments with a surcharge is offered only to clients acting for professional or commercial purposes (the Federal Consumer Credit Act does not apply). Private individuals may pay by instalments only without a surcharge, in no more than 4 instalments within 12 months.

Payment methods

Bank transfer, credit card, TWINT, PayPal on request.

Late payment

In the event of late payment, eSys Agency may suspend the services. After a reminder period of 10 days, default interest (5% p.a.) and a reminder fee of CHF 30 become due.

eSys Agency provides its services with due care and in accordance with the current state of the art. Liability is limited to cases of gross negligence or intent.

Exclusion of liability

• •No liability for indirect damage or loss of data
• •No liability for outages caused by third-party providers
• •No liability for errors resulting from incomplete information provided by the client

The client bears sole responsibility for the lawfulness of all content published on its website. Maximum liability is limited to the paid order value of the service concerned.

Personal data is processed in accordance with the Swiss Federal Act on Data Protection (revFADP) and, where applicable, the GDPR. Details can be found in our Privacy Policy.

Swiss law applies exclusively, to the exclusion of the rules of private international law and of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention, CISG). The place of jurisdiction is Zurich, Switzerland (subject to statutory exceptions for consumers).

Dispute resolution

Before bringing an action, the parties shall submit a written request for mediation and allow a period of 30 days to reach an agreement.