Terms and Conditions

LAST UPDATED JANUARY 26TH, 2024

1. Introduction

These Terms and Conditions (“Terms”) govern your use of the software-as-a-service platform and related services (“Service”) provided by WebWonders.ch (“we”, “us”, or “our”). By registering for, accessing, or using our Service, you agree to be bound by these Terms.

If you do not agree with these Terms, you may not use our Service.

2. Definitions

Client: A business entity or individual who registers and uses the Service.

Account: The Client’s access credentials and settings for the Service.

Content: Any data, files, or materials submitted, stored, or processed through the Service.

Personal Data: Any information that identifies an individual, as defined under applicable data protection laws.

Swiss Data Protection Law: The Federal Act on Data Protection (nDSG).

GDPR: The European Union’s General Data Protection Regulation (EU 2016/679).

3. Contract Formation

By completing the registration process and subscribing to our Service, a binding contract is formed between you and WebWonders.ch. The applicable contract language is English, French or German, at our discretion.

You confirm that you are entering into this agreement for business purposes (B2B) and not as a consumer.

4. Services Provided

We provide a cloud-based platform allowing Clients to manage and automate various aspects of their business operations. Service availability, features, and support levels may vary depending on your selected subscription plan.

We reserve the right to modify or discontinue features at any time, provided that such changes do not materially impair your ongoing use without reasonable notice.

5. SMS Messaging & Consent

By submitting your mobile number through our website forms, you expressly consent to receive SMS messages from Web Wonders related to appointments, service updates, and occasional promotional offers. Message frequency may vary. Standard message and data rates may apply.

You may opt out of receiving SMS at any time by replying STOP to any message. For assistance, reply HELP or contact us at andre@webwonders.ch. Your consent to receive SMS is not a condition of purchase.

6. Subscriptions, Fees, and Payments

6.1. Subscription Plans

Clients may choose from monthly or annual subscriptions. All fees are payable in advance and are non-refundable.

6.2. Payment Terms

Payments must be made via approved payment methods. Invoices are issued in CHF or EUR and include applicable taxes.

Late payments may result in suspension or termination of access to the Service.

7. Data Protection and Privacy

7.1. Roles and Responsibilities

You are the controller of the personal data you upload. We act as a processor and will process such data solely on your instructions and in accordance with applicable data protection laws.

7.2. Data Location and Transfers

All personal data is hosted in data centers located in Switzerland or the European Economic Area. Where data is transferred outside these jurisdictions, we ensure appropriate safeguards are in place, including the use of standard contractual clauses.

7.3. Security

We implement appropriate technical and organizational measures to protect personal data, including encryption, access control, and secure hosting environments.

7.4. Retention and Deletion

Upon termination of the service, you may export your data. We will delete your data after a defined retention period unless otherwise required by law.

8. Acceptable Use

You agree to use the Service only for lawful purposes and not to:

- Upload malicious code or attempt to breach the platform’s security

- Violate intellectual property rights

- Use the Service to send unsolicited communications (spam)

- Exploit or interfere with the operation of the Service

Violation of this clause may result in immediate suspension or termination of your account.

9. Intellectual Property

All intellectual property rights in the Service, including the underlying software, user interfaces, and branding, remain the exclusive property of WebWonders.ch or its licensors.

You retain all rights to the content and data you upload but grant us a limited license to use it as necessary to provide the Service.

10. Warranty Disclaimer

The Service is provided “as is” and “as available.” We make no warranties, express or implied, regarding the availability, accuracy, or reliability of the Service.

We do not guarantee uninterrupted or error-free performance.

11. Limitation of Liability

To the maximum extent permitted by law:

Our total liability for any claim arising out of or in connection with these Terms is limited to the amount you paid to us in the 12 months preceding the claim.

We are not liable for indirect, incidental, or consequential damages, including loss of profit, data, or business opportunity.

12. Termination

You may terminate your subscription at any time via your account settings. No refunds will be issued for unused portions of the subscription term.

We reserve the right to terminate or suspend your access if you violate these Terms or applicable laws.

13. Changes to the Terms

We may update these Terms from time to time. If we make significant changes, we will notify you in advance. Continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of Switzerland.
The courts of the canton of Zurich shall have exclusive jurisdiction for any disputes arising from or in connection with these Terms.

15. Force Majeure

We are not liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to natural disasters, strikes, or government actions.

16. Severability and Waiver

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect. A failure to enforce any right or provision does not constitute a waiver of that right.

17. Contact

If you have any questions about these Terms or the Service, please contact us at:

WebWonders.ch
Email: andre@webwonders.ch
Address: Landvogt-Waserstrasse 94

8405 Winterthur, Switzerland