Terms and conditions

Webfactory OS offers its services exclusively to companies, self-employed persons, organisations and other customers acting in a business capacity. A contract with consumers for private purposes is not intended.

By completing an order, the Customer expressly confirms that they are acting in a business capacity and are authorised to conclude the contract on behalf of the company specified in the order process.

These Terms apply to all orders and project enquiries submitted through the ordering flow of Webfactory OS, unless otherwise agreed in writing in an individual case.

The product, selected add-ons, price and the details entered by the Customer are summarised throughout the order process and displayed clearly before completion.

Before completing the order, the Customer can review all details and correct them at any time using the back function of the order process.

The contract is formed once the button clearly labelled as placing a binding, chargeable order is activated and the Customer subsequently receives the electronic order confirmation, provided no personal review or project enquiry is required.

Details that the system routes to the enquiry path (project enquiry) due to their scope or specific nature do not constitute an order and do not establish a binding price. In these cases, a contract is only formed upon separate, explicit agreement.

All prices shown during the order process are net prices plus the applicable Swiss VAT, where expressly shown as such.

The price stated at the time of the binding order completion and recorded in the immutable order/invoice snapshot is decisive.

A subsequent change to a catalogue price never affects an already existing order.

The scope of services is determined by:

• the selected core product,
• the selected add-ons,
• the order summary,
• the subsequent project briefing call,
• the final production briefing, and
• expressly confirmed later changes.

Services that have not been expressly agreed through this process do not automatically form part of the contract.

Before placing an order, the Customer can have three design directions for their project visualised free of charge and without obligation. The visualisations are generated with the support of an external AI service from the Customer's project-related details (see the privacy policy for details). The visualisation is not an order and does not create any payment obligation.

There is no entitlement to the availability of the visualisation or to a particular result. In the event of technical issues, the generation may be delayed, incomplete or repeated.

The visualisations and design concepts shown are non-binding suggestions and sources of inspiration. They constitute neither a finished design nor a finished website nor a commitment on the part of the Customer or Webfactory OS, and they do not automatically become the website; implementation takes place manually after an order has been placed (section 6).

The Customer may:

• prefer one of the concepts shown,
• combine elements from different concepts,
• let Webfactory OS decide professionally, or
• reject all concepts.

The final design direction is only conclusively set during the project briefing. A design concept does not give rise to any claim to a pixel-perfect or identical implementation.

The actual website or online shop is professionally designed and built by the Webfactory OS team. Webfactory OS is not an automatic AI website generator.

Technical tools, software, automation or subcontractors may be used; responsibility for the contractual service always remains with IDS Business Live AG.

Following receipt of payment, a project briefing call takes place, either online or by phone.

The order, design preferences, the briefing call, submitted documents and internal project information are then consolidated into the final production briefing.

Production only begins once payment has been received, the information and documents required to start production are available, and the project has been released as ready for production.

The Customer provides the necessary information, content, access, approvals, rights and feedback in a timely manner.

Delays caused by the Customer's lack of cooperation extend agreed deadlines accordingly.

• After 30 days without the required cooperation, the project may be paused.
• After 90 days without the required cooperation, the project may be administratively closed. Services already rendered and costs already incurred remain payable in this case. A later resumption may be rescheduled.

The base project includes three revision rounds.

A revision round comprises bundled changes to the version presented at the time, within the agreed project scope.

New features, new pages, fundamental changes of direction, or subsequent extensions of the agreed scope do not count as an ordinary revision and may be offered separately.

The Customer reviews the version provided for acceptance within 14 calendar days. Apparent defects must be reported concretely within this period. Hidden defects must be reported without delay after their discovery.

In the case of justified defects, Webfactory OS is first given the opportunity to remedy them.

If no concrete defect notice is made within the review period and the work is expressly released or used in production, it is deemed accepted with regard to apparent defects.

Mandatory statutory claims and statutory limitation periods remain reserved.

Invoices are payable within 10 calendar days.

Where a fixed payment date has been agreed, default occurs upon its expiry; otherwise in accordance with statutory requirements.

Default interest is 5% per annum.

Necessary and reasonable reminder, debt collection and recovery costs may be passed on, to the extent permitted by law.

In the event of payment default, further performance may be paused following reasonable prior notice.

Withdrawal prior to completion is governed in particular by Art. 377 of the Swiss Code of Obligations.

For a transparent calculation of the work typically performed, capacity reserved and arrangements made up to that point, the following flat-rate guide values apply, unless a deviating claim is demonstrated in the specific case:

• after binding order, before production release: 25%
• after production release, before the first staging/preview version: 50%
• after the first staging/preview version: 80%
• from final release / ready for launch: 100%

Amounts already paid are credited; there is no double charging. In addition, non-cancellable or already incurred third-party costs may be owed.

Further-reaching or lesser statutory claims in a specific individual case remain reserved.

Upon payment in full, the transferable economic rights to the work results created specifically for the Customer's project are comprehensively transferred to the Customer within the agreed scope.

The Customer may use, modify, further develop, and have these work results further developed by third parties.

Rights that cannot legally be transferred are not transferred.

Third-party components, open-source software, fonts, plugins, stock material and comparable elements remain subject to their respective licence terms.

Reusable Webfactory OS base components, general know-how, frameworks and modules not developed exclusively for the Customer remain with IDS Business Live AG. Upon payment in full, the Customer receives a temporally and geographically unrestricted right of use to these, to the extent required for the use and further development of their project.

The Customer warrants that it holds the necessary rights to any text, images, logos, trademarks, data, videos and other material it provides.

The Customer is responsible for infringements arising from content it has provided, unless Webfactory OS itself caused the infringement.

Following publication, IDS Business Live AG may name the publicly accessible project as a reference and, in particular, use the company name, logo, publicly visible screenshots and project description for portfolio and own marketing purposes.

Confidential information or non-public customer data may not be used for this purpose.

Statutory personality rights and third-party rights remain reserved.

If a Care plan is ordered, the following additionally applies:

• Minimum term: 12 months from activation or, at the latest, from go-live.
• Thereafter, indefinite continuation with a notice period of 30 days to the end of a month.
• The specific services and prices result from the respective order.
• Extraordinary termination for good cause remains possible.
• In the event of payment default, Care services may be suspended following prior notice.

Changes to ongoing Care terms are communicated at least 30 days before they take effect. In the case of material adverse changes, the Customer may terminate the affected Care contract as of the effective date.

Without an active Care plan, the Customer is generally responsible, after acceptance and go-live, for ongoing operation, updates, maintenance, content and third-party contracts, unless otherwise agreed.

There is no guarantee of uninterrupted availability of external services, hosting providers, search engines, APIs, payment providers, plugins or other third parties.

There is no guarantee of specific Google rankings, revenue, leads or other commercial outcomes.

Liability for intent and gross negligence is not excluded.

Liability for slight negligence is excluded or limited to the extent permitted by law.

To the extent permitted by law, there is no liability for indirect damages, consequential damages, loss of profit, loss of revenue, or data loss arising from Customer-side or external systems and third-party outages.

To the extent permitted by law, total liability for slight negligence is limited to the net value of the specific order concerned.

Mandatory law remains expressly reserved.

Delays caused by events outside a party's reasonable sphere of influence — such as large-scale infrastructure disruptions, natural events, official measures, or significant outages of essential third parties — result in a reasonable extension of deadlines for the duration and effects of the event.

Both parties treat non-public business and technical information of the other party as confidential.

Statutory disclosure obligations remain reserved.

Swiss law applies exclusively.

The exclusive place of jurisdiction for disputes between Webfactory OS and business customers is, to the extent permitted by law, Zurich, Switzerland.

These Terms are available in German, English, French and Italian. In the event of discrepancies between the language versions, the German version prevails.