General Terms and Conditions (GTC)

1. Provider and scope

These GTC govern the subscription services of the sole proprietorship Tom de Vree (Einzelfirma) with its registered seat at Wylerstrasse 75, 3000 Bern, Switzerland, owner Tom de Vree, email hello@amai.ch ("amai!"). They apply to all website subscription plans (Beginner, Business, Webshop, Software & Applications) and related services, and prevail over any diverging terms of the customer unless expressly agreed otherwise in writing.

2. Services

amai! builds and operates websites on a monthly subscription. Depending on the plan this includes design and build, hosting, maintenance, security and SEO foundations. The exact scope follows the selected plan and any written agreement. The optional "Logo + brand guidelines" add-on is a separate one-time service.

3. Conclusion of contract and start of work

The contract is concluded when the customer subscribes and amai! confirms the order (day 0). amai! starts work on the design within 5 working days after the first payment has been received. The customer provides the needed content, access and information in good time.

4. Term, renewal and cancellation

• Minimum term: 36 months from the start of the subscription.
• After the minimum term the contract continues on a monthly basis and may be cancelled with one month's notice to the end of a month.
• Cancellation must be in text form (an email to hello@amai.ch is sufficient).

5. Cancellation and administrative fee

The minimum term of 36 months is binding and must in principle be served.

• Early cancellation by the customer (for reasons not attributable to amai!): the remaining monthly fees until the end of month 36 remain fully due.
• On any termination of the subscription (regardless of how much of the term has elapsed, the same for every customer), an administrative fee of CHF 190 (excl. VAT) is due for the transfer and closure of the file. This fee is not a settlement of the subscription fees; it covers the administrative effort of handover and closure.

The right to terminate for good cause remains reserved.

6. Prices, payment and indexation

• Plan fees are billed monthly in advance. Beginner 35 CHF/month, Business 79 CHF/month, Webshop 99 CHF/month, Software & Applications from 99 CHF/month. The "Logo + brand guidelines" add-on is 750 CHF one-time. Google Ads management is available from 195 CHF/month.
• The first invoice is issued at order (day 0); work starts within 5 working days of receipt of payment.
• Annual indexation: amai! may adjust prices once per year in line with the Swiss Consumer Price Index (Landesindex der Konsumentenpreise, LIK) published by the Federal Statistical Office, with prior notice.
• All prices are in CHF, excluding statutory value added tax (currently 8.1%). The VAT/UID number will be added once available.

7. Late payment

Invoices are due within 14 days. If the customer is in default, amai! may charge default interest of 5% per annum (Art. 104 Swiss Code of Obligations) and a reminder fee of CHF 20 per reminder. After two unsuccessful reminders amai! may suspend the service until payment is received and, for material non-payment, terminate for good cause.

8. Changes after delivery

Hosting and maintenance are included in the subscription. Any change requested after delivery is billed at CHF 95 per hour, charged in started quarter-hour units (15 minutes), i.e. CHF 23.75 per started quarter, rounded up. Small changes are not free either and are billed at the same hourly rate. Larger requests are estimated in advance on request.

9. Ownership and intellectual property

• The customer's content and domain name always belong to the customer.
• Design and code are provided for use during the subscription. Ownership of the design and code transfers to the customer once the minimum term has been completed and all amounts due have been paid in full (any outstanding monthly fees, the administrative fee under section 5 and any add-on). Until then the customer holds a non-exclusive licence to use them for the subscribed website.
• For the add-on, the rights to the final logo and brand assets transfer to the customer upon full payment of the one-time fee.
• amai! may reference the project as a portfolio item unless the customer objects in writing.

10. Hosting, maintenance and availability

amai! provides hosting, technical updates, basic security and ongoing maintenance within the plan. amai! aims for high availability on a best-efforts basis. No specific uptime or SLA is guaranteed unless agreed separately in writing.

11. Customer obligations

The customer ensures that supplied content is lawful and does not infringe third party rights, and cooperates in good time. The customer is responsible for the content it publishes.

12. SEO

amai! sets up technical and content SEO foundations. Specific search engine rankings or results cannot be guaranteed.

13. Liability

amai! is liable only for direct damage caused by intent or gross negligence. Liability for slight negligence and for indirect or consequential damage (e.g. lost profit, data loss, downtime) is excluded as far as legally permitted. Where liability cannot be excluded, it is capped at the fees paid by the customer in the 12 months before the event. amai! is not liable for events outside its control (force majeure, third party providers, internet outages).

14. Data protection

amai! processes personal data in line with its Privacy Policy. Where amai! processes personal data on behalf of the customer, a separate data processing agreement applies.

15. Changes to these GTC

amai! may amend these GTC. Changes are communicated in advance; if the customer does not object within 30 days or continues to use the service, the changes are deemed accepted. Material changes to the customer's disadvantage give a right to terminate to the effective date.

16. Governing law and jurisdiction

Swiss law applies, excluding conflict-of-law rules and the CISG. The exclusive place of jurisdiction is Bern, Switzerland, subject to mandatory legal venues.