Terms and Conditions 2012

is a product of swissart GmbH

The "terms and conditions" hereby intend to regulate all business relations between the client and swissart GmbH. At the same time these terms and conditions should promote smooth business procedures.

The latest and binding version of the "terms and conditions" is the version published on this page.

It is the user's responsibility to keep abreast of the actual state of these "terms and conditions".

swissart GmbH reserves the right to change its Terms and Conditions at any time.

The Goals of swissart GmbH are:

to be a comprehensive Internet platform for contemporary art in Switzerland
to keep the posted information always up to date
to offer our clients a broad range of Internet services and support
to carry out our services in a professional way
to be attentive to the needs of our clients
to create an interactive dialogue with our clients

The Responsibilities of swissart GmbH are:

to follow the rules of responsible business practices
to do its best to supply our customers with a quality service and to solve problems and disruptions within the shortest possible time.
to respect the legal regulations of data protection

the clients' data is only for internal use and swissart GmbH does not transmit or exchange any personal or client data to third parties for marketing or other purposes.
the web information (Websites, swissart Guide, swissart Agenda, etc.) are for the publication online on the swissart web site.

In order to reach our goals we depend upon the cooperation of our clients and members.

The responsibilities of our clients and members are:

the timely delivery of materials to be processed (10 days in advance)
good quality of the material

legible text or electronically saved text
good quality of pictures
clear instructions

abiding by the rules of copyright
respect of national and international laws and ethical standards
timely payment of any invoices for services provided by swissart GmbH

swissart GmbH reserves the right:

to not accept members or clients who do not meet the criteria of swissart GmbH, without explanation.
to delete links to websites which do not fit into the theme of swissart or which are of immoral or illegal content.
to not accept information from galleries, museums or other parties into swissart if this information does not meet the criteria ofswissart GmbH
to remove the listings of galleries, museums or other parties on the swissart web site if swissart GmbH is not notified of their exhibitions over a longer period of time.
to make changes to these terms and conditions at any time.

Liability:

swissart GmbH is not liable for claims or damages, including, but not limited to:

the content of the websites of its clients, its members or other third parties which are integrated in or linked to swissart.
the completeness, accuracy or quality of information published in swissart , especially that found in the swissart Agenda
any technical disruptions and service interruptions and the consequences thereof
delays and nondeliveries
loss of profits
the unprofessional implementation or use of hardware and software by the client
loss of data
losses or damages resulting from impacts of force majeure
claims of third parties towards swissart GmbH in connection with or adjunct to the web sites of clients, members and links to third parties.

Copyright:

According to Article 10 of the Swiss copyright the author of the work owns the sole right to decide if when and how his/her work can be used. This is also valid for the utilisation of protected works in the Internet. In Switzerland Pro Litteris has been assigned by the Swiss government to protect the copyright use of works of art and photography. Reference is made to www.prolitteris.ch for further details
Whoever commissions the publication of pictures of art works is responsible for respecting international and Swiss copyright
Clients of swissart GmbH who publish artworks on the Internet via the services offered by swissart GmbH will have confirmed in writing beforehand that these rules and laws are being respected.
Furthermore, the copyrights of logos and other company identifiers belong solely to their owners and cannot be used without the permission of the owners.

Prices:

The prices of swissart GmbH services are normally calculated according to the time spent to complete the task or service.

Standard products such as Membership, Homepagemaker, Hosting and Advertisements have a fixed price.
Web Design, web site updates, consultation, programming and support services are calculated on an hourly basis.
Web Design projects will be based on a proposed offer.
V.A.T. will be added to all prices for persons or parties residing in Switzerland.
Our current price list is located at: Products: Pricelist
swissart GmbH reserves the right to make changes to its prices.

Service Fees and Invoicing:

In Switzerland the fees for services and products are billed by invoice with payment slips or by credit card (PayPal).

Membership fees and hosting fees are to be paid in advance.
Major web design orders are to be paid in two rates: 50% upon contract signature, 50% within 30 days after completion of the web design.
All other bills are to be paid within 30 days after issuance of the invoice.

Clients outside of Switzerland will receive an e-mail invoice.

Payment may be made by credit card in advance with PayPal or by bank transfer.
Payment for web design assignments will be according to a separate contract.

For invoices which are overdueswissart GmbH will send out reminders.
swissart GmbH reserves the right to suspend or terminate any client services for non-payment of invoices after the second reminder has been sent.

Cancellation:

Cancellation by the client must be made in writing.
Cancellations may be made at any time, but are not eligible for any refund.
Services which have been billed must be paid for by the client.
Cancellation of hosting contracts must be made in writing and sent by postal mail to swissart GmbH 30 days prior to the end of the contract period. Otherwise the contract will be automatically renewed and invoiced accordingly.
Cancellation of membership must be made at the latest before the due date of the invoice of renewal. The membership will renew and the invoice will become due if the cancellation is not made within this time.

Legal Jurisdiction:

Any litigation about fees and invoicing will be decided under the laws of Switzerland and in the jurisdiction of the Canton of Schaffhausen.

swissart GmbH
P.O. Box 414
Rathausplatz 5
8260 Stein am Rhein 2
Switzerland

Tel.		+41 (0) 52 741 37 40
Fax		+41 (0) 52 741 19 18