General Terms and Conditions (GTC)
Loxotipu GmbH, Niederuzwil
As of: March 1, 2026
1. Scope and Conclusion of Contract
1.1 These General Terms and Conditions (hereinafter "GTC") apply to all business relationships between Loxotipu GmbH (hereinafter "Loxotipu") and its customers (hereinafter "Client"). They form an integral part of every contractual relationship.
1.2 Deviating or supplementary conditions of the Client are not recognized unless Loxotipu has expressly agreed to them in writing.
1.3 Offers from Loxotipu are valid for a period of 30 days unless explicitly marked as binding. A contract is concluded as soon as the Client confirms the offer in writing (an email is sufficient) or Loxotipu begins to perform the commissioned services.
1.4 Oral side agreements and later changes to the scope of services are only valid if confirmed in writing by Loxotipu.
2. Scope of Services
2.1 Web Development
Loxotipu creates websites, e-commerce solutions, and custom programming according to the scope of services defined in the offer. Subsequent change requests from the Client that exceed the agreed scope will be charged separately based on effort according to section 3 of these GTC.
2.2 Hosting and Infrastructure
Loxotipu offers hosting services, primarily utilizing the infrastructure of specialized third-party providers (especially Kinsta Inc.) or that of the customer. The service level agreements (SLA) and terms of use of the respective providers also apply. Loxotipu does not guarantee uninterrupted availability and is not liable for server outages or security vulnerabilities within the responsibility of the infrastructure provider.
2.3 SEO and Digital Marketing
Services in the area of search engine optimization (SEO) and digital marketing (SEA, social media) are provided to the best of our knowledge. Since the successes depend on external algorithms, Loxotipu cannot guarantee specific rankings or reach.
2.4 Payment Processing "Loxopay"
Loxotipu provides a payment interface under the name "Loxopay," which is technically processed by Payrexx AG. The terms of Payrexx AG apply. Loxotipu is not liable for transaction failures, chargebacks, or technical disruptions of the Payrexx platform. The client is solely responsible for the legally compliant design of their online offering (e.g., imprint, privacy policy).
3. Compensation and Billing Mode
3.1 Unless a flat rate has been agreed upon, billing is based on actual time spent at the standard hourly rate of CHF 140.00 (excluding VAT).
3.2 Time tracking is done in transparent units of at least 15 minutes. At the request of the client, Loxotipu will provide a corresponding protocol.
3.3 For projects with a contract value of CHF 3,000.00 or more, Loxotipu is entitled to request a deposit of 50% of the total amount upon order placement. Work on the project will only begin after this payment has been received.
3.4 For ongoing support and programming work, invoicing will be at the discretion of Loxotipu: either upon reaching an accumulated fee amount of several hundred francs, at the end of the month, after completing a partial task, or after a longer period of inactivity of the mandate.
3.5 Third-party costs such as plugin licenses, stock photos, or domain fees will be charged to the client.
4. Payment Terms and Default
4.1 Invoices from Loxotipu are due for payment within 15 days of invoicing without deductions.
4.2 After this period, the client will be in default without a reminder. Loxotipu is entitled to charge a default interest of 5% per annum as well as a reminder fee of CHF 20.00 per reminder level.
4.3 If the client is in default for more than 30 days, Loxotipu reserves the right to suspend all services (including hosting and ongoing support) until all outstanding claims are fully settled.
4.4 Objections to the invoice must be made in writing within 10 days of receipt; otherwise, the invoice will be considered approved.
5. Obligations to Cooperate and Data Quality
5.1 The client is obliged to provide all necessary documents for the execution of the order (data, texts, images, logos, access data) in a timely manner and in a professional, processable format.
5.2 If Loxotipu receives data of insufficient quality (e.g., pixelated images, unstructured data) or incomplete, the resulting additional efforts for data preparation will be charged at the hourly rate according to section 3.
5.3 Delays in the schedule caused by late or inadequate cooperation from the client are not the responsibility of Loxotipu.
6. Copyright and Code Ownership
6.1 Upon full payment of the agreed compensation, Loxotipu transfers the unlimited temporal and spatial usage rights of the source code specifically created for the client, as well as the graphic designs, to the client. The client will become the owner of the code.
6.2 Excluded from this are standard components, frameworks, plugins, or themes from Loxotipu and third parties. The client only receives a usage right for these components according to the respective manufacturer licenses.
7. Acceptance and Warranty
7.1 The work is considered accepted if the client does not report significant defects in writing within 14 days after handover or go-live. Minor defects that do not impair the basic functionality do not entitle the client to refuse acceptance.
7.2 The warranty period for defects caused by Loxotipu is 12 months from acceptance.
7.3 The warranty expires immediately if the client or third parties make changes to the code or configuration (e.g., updates, installation of new plugins) without the consent of Loxotipu.
8. Termination and Force Majeure
8.1 Maintenance and hosting contracts can be terminated with a notice period of 60 days to the end of a calendar month, unless a different minimum term has been agreed upon.
8.2 Loxotipu is not liable for performance delays due to force majeure. This includes, in particular, natural disasters, pandemics, nationwide power outages, as well as cyberattacks on infrastructure third parties or delivery failures by service partners.
9. Confidentiality
9.1 Both parties commit to each other, as well as their employees and third parties involved, to maintain the confidentiality of all non-public information and documents that relate to the business sphere of the other party or have been designated as confidential.
9.2 This obligation continues even after the termination of the contractual relationship, as long as there is a legitimate interest in doing so.
9.3 However, Loxotipu is entitled to use the created works for reference purposes (portfolio, website, social media), unless the client expressly prohibits this in writing.
10. Limitation of Liability
10.1 Loxotipu is only liable for damages that are demonstrably caused by intent or gross negligence. Liability for slight negligence is excluded.
10.2 Any liability for indirect damages, consequential damages, lost profits, or data losses is excluded to the extent permitted by law.
10.3 The liability amount is in any case limited to the value of the respective individual order.
11. Data Protection
11.1 Loxotipu commits to comply with the provisions of applicable data protection legislation (in particular, the Swiss Data Protection Act, nDSG).
11.2 The client is responsible as the "controller" for ensuring that the use of the solutions created by Loxotipu (e.g., web shops, contact forms) by its end customers is lawful and that a corresponding privacy policy is available on the website.
11.3 If Loxotipu processes personal data of the client in the context of hosting or maintenance, Loxotipu acts as the "processor." The parties will enter into a separate data processing agreement (DPA) if necessary.
11.4 Further information can be found in the privacy policy at loxotipu.ch/datenschutz.
12. Final provisions
12.1 Only Swiss law (obligations law) applies.
12.2 The place of performance and exclusive jurisdiction for all disputes is the registered office of Loxotipu GmbH in 9244 Niederuzwil (SG).
12.3 Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions shall not be affected.