General terms and conditions

This is a translation for your convenience. Only the German version is legally binding.

See also: data processing agreement (DPA)

Art. 1 Scope

These general terms and conditions (hereinafter “terms”) apply to all contracts between Schmid IT-Solution, Elevate Page (hereinafter “provider”), and the user (hereinafter “customer”) on the use of the Elevate Page platform (hereinafter “platform” or “service”).

Deviating, conflicting or supplementary terms and conditions of the customer do not become part of the contract unless the provider expressly agrees to them in writing.

Art. 2 Subject matter and description of services

Elevate Page is a website builder with hosting in Switzerland. The customer designs their website in a visual editor and publishes it at an address of the platform or under their own domain. Depending on the package booked, contact forms, online booking (appointments and group courses) and an online shop are available.

The scope of services depends on the package booked and the description of services on the provider’s website valid at the time the contract is concluded. The provider reserves the right to extend, change or adapt the functions as part of further technical development.

The first publication of a website and every newly connected own domain are checked by the provider before activation. Later changes to an activated website go online without a new check.

The service aims at an availability of 99% on annual average; planned maintenance windows, force majeure and outages beyond the provider’s control are not included.

Art. 3 Registration and user account

Registration is required to use the platform. The customer must provide truthful and complete information when registering and update it without delay if it changes.

The customer is responsible for the security of their access data and must ensure that it is protected against access by third parties. The provider must be informed without delay if misuse is suspected. Passing on access data to third parties is prohibited.

Art. 4 Free use of the editor

Designing websites in the editor is free of charge and without obligation. The hosting of a website is charged according to the chosen package; it is paid when the website is submitted for its first publication (Art. 5).

Art. 5 Prices, packages and payment

Remuneration is based on the provider’s price list valid at the time the contract is concluded. All prices are in Swiss francs (CHF) and are final prices.

Every website has a package. Functions such as online booking or the online shop are only available with the corresponding package. The customer changes the package in their account: with a subscription, a change to a bigger package or to yearly payment applies immediately and the difference for the current billing period is charged pro rata; a change to a smaller package or to monthly payment applies from the next renewal. New subscriptions and package changes follow the price list valid at that time. When billed by invoice, the provider switches the package once billing has been adjusted. Website design by the provider is charged by time and effort according to a separate quote.

Hosting is paid as a subscription through the payment service provider Stripe, in advance for the chosen billing period (monthly or annually), with the payment methods offered by Stripe (e.g. credit or debit card, Apple Pay, Google Pay). The first payment is made when a website is submitted for its first publication. If the provider declines the publication, the subscription ends immediately and the amount paid is refunded in full. The subscription renews automatically for the chosen billing period until it is cancelled (Art. 7); the amount is charged to the stored payment method at each renewal. The customer manages invoices and payment methods in their account under “Payment & invoices”.

The provider may agree billing by invoice with individual customers. Invoices are then issued in advance for the billing period (monthly or annually); payment is due within 30 days of the invoice date.

If a payment fails or an invoice remains unpaid, the provider informs the customer. If the payment has still not been received at the earliest 30 days after it was due, the provider may take the website concerned offline until the payment has been received; it is then put back online. Default interest in accordance with Art. 104 CO remains reserved.

The provider may adjust prices with at least 30 days’ notice. If the customer does not object within this period, the adjustment is deemed accepted. If the customer objects, they may terminate the contract at the end of the current billing period.

Discounts and promotion codes apply on the conditions stated when they are issued (amount, duration, packages, validity). Each customer can use one code per offer once. Discounts cannot be combined, transferred or paid out in cash; if the subscription ends before the discount runs out, the rest lapses.

If the customer offers card payments in its online shop, the provider retains a card fee per payment according to the price list (a percentage of the amount paid plus a fixed amount). It covers the costs of the payment service provider and is deducted before the payout. The card fee is not refunded when a payment is refunded to the buyer.

Art. 6 Card payments in the online shop

Card payments in the online shop are processed by the payment service provider Stripe. For this purpose, a payment account is opened with Stripe for the customer’s website, which the provider manages as the platform. When setting it up, the customer accepts the Stripe Connected Account Agreement and provides the information Stripe requires about their person or business completely and truthfully. The provider may pass the necessary details from the customer account to Stripe and answer Stripe’s enquiries.

Payments are paid out, less the fees according to the price list, at the interval set by the provider to the bank account the customer states during setup.

If a buyer reclaims a card payment through their bank or card issuer (chargeback), the customer bears the amount charged back and Stripe’s fees for it. The same applies to refunds the customer makes to buyers. Stripe first debits these amounts to the balance of the payment account. If the balance is insufficient and the provider is charged for it, the customer reimburses the provider for the amount charged within 30 days of invoicing. This obligation continues after the end of the contract for payments made during its term.

The provider may set off claims under this article against future payouts. In the event of a well-founded suspicion of fraud or abuse, an unusually high number of chargebacks or at Stripe’s request, the provider may temporarily withhold payouts, retain a reasonable part of the balance as security or block card payments. It informs the customer accordingly.

The customer describes their offers truthfully, delivers ordered goods and services as offered and keeps evidence such as shipping and delivery receipts. On request, they provide it to the provider in good time so that chargebacks can be disputed. Goods and services that Stripe excludes in its restricted businesses policy may not be sold by card.

Art. 7 Term and termination

The contract runs for an indefinite period. The customer may cancel the subscription of a website in their account at any time; the cancellation takes effect at the end of the paid billing period, and the website stays online until then. Billing periods already paid are not refunded. The provider may cancel a subscription with 30 days’ notice to the end of a billing period. When billed by invoice, the contract may be terminated by either party with 30 days’ notice to the end of the respective billing period, unless otherwise agreed.

The right to extraordinary termination for good cause remains reserved. Good cause exists in particular if the customer violates these terms, fails to meet payment obligations despite a reminder or misuses the service.

When the contract ends, the customer’s websites are taken offline. The customer’s data is kept available for 30 days and then permanently deleted, unless statutory retention obligations apply. The customer exports records subject to retention (e.g. orders) beforehand.

If only the subscription of a website ends, the website is taken offline but remains in the account and can be put back online with a new subscription.

Art. 8 Rights of use

For the term of the contract, the provider grants the customer a non-exclusive, non-transferable and non-sublicensable right to use the platform as intended. The rights to the content created by the customer remain with the customer.

Handing over a website as files (export) is not part of the packages; the customer can purchase their website separately. Any further use of the platform – in particular copying, distribution, decompilation or reverse engineering of the software – is prohibited without the provider’s express written permission.

The templates, sections, designs, texts, images and graphics the provider makes available in the editor (hereinafter “templates”) are protected by copyright or licensed by the provider. The customer may use them only for websites designed with the platform and run on the platform. It is prohibited in particular to copy, download, rebuild or pass on templates or parts of them, to use them outside the platform or for third parties, to fetch them automatically, and to circumvent the fetch limits, for instance with several accounts. This also applies after the contract ends.

Templates contain technical marks that prove their origin. The provider may log the fetching of templates, limit the number of templates that can be fetched and block accounts where a breach is reasonably suspected. Claims for injunctive relief and damages are reserved. Where handing over a website as files has been agreed, the customer may also run that website outside the platform; the template may only be used for that one website. Details are set out in the rights of use, which form part of these terms.

Art. 9 Obligations of the customer

The customer undertakes:

• to use the platform for lawful purposes only;
• not to publish harmful, offensive or unlawful content, in particular no phishing, malware, spam or content that infringes the rights of third parties;
• not to misuse the service to harm or harass third parties;
• not to carry out automated access (bots, scrapers etc.) without the provider’s permission.

The customer is solely responsible for the content of their websites, their imprint and privacy policy, and for compliance with data protection requirements towards the visitors of their websites, their own customers and employees. Contracts concluded via online booking or the online shop exist exclusively between the customer and their clients; the provider is not a party.

The customer indemnifies the provider against all third-party claims arising from the content of their websites or from a breach of these obligations, including reasonable costs of legal defence.

The provider may block websites or accounts if there is reasonable suspicion of a breach of these terms or applicable law. The provider informs the customer accordingly.

Art. 10 Data protection

The protection of personal data is of particular importance to the provider. For details on the processing of personal data, please refer to our privacy policy.

The provider processes the data the customer enters in the platform or that arrives through their websites exclusively on the customer’s instructions in accordance with the data processing agreement (DPA), which forms part of these terms.

Art. 11 Liability

The provider’s liability is governed by the Swiss Code of Obligations (CO). The provider is liable for damage caused by intentional or grossly negligent conduct of its bodies or employees.

Liability for slight negligence is excluded to the extent permitted by law. In particular, the provider is not liable for indirect damage, consequential damage, lost profit, production downtime, missed business opportunities or other pure financial loss.

The provider is only liable for loss of data insofar as the damage could not have been avoided despite proper and regular data backup by the customer and appropriate technical and organisational measures by the provider. Otherwise, liability for data loss is excluded.

Liability under the Swiss Product Liability Act (PrHG) and for damage resulting from injury to life, body or health remains unaffected.

In the event of a breach of essential contractual obligations, the provider is also liable for slight negligence, but only for the foreseeable damage typical of the contract.

The above limitations of liability do not apply in the event of fraudulent concealment of defects or where a guarantee for the quality of the platform has been given.

Insofar as liability cannot be excluded by law, it is limited to the foreseeable damage typical of the contract, but to a maximum of CHF 1000 per year.

The customer indemnifies the provider against all third-party claims asserted on the basis of a breach of these terms by the customer or on the basis of the content and operation of the customer’s websites.

Art. 12 Changes to the terms

The provider reserves the right to change these terms with at least 30 days’ notice. Notice is given by email to the customer’s registered address. If the customer does not object within this period, the changed terms are deemed accepted. If the customer objects, they may terminate the contract as of the date the changes take effect.

Art. 13 Applicable law and place of jurisdiction

These terms and all legal relationships arising from them are governed exclusively by Swiss law, excluding the conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the provider’s registered office in Winterthur, provided the customer is an entrepreneur. Mandatory statutory places of jurisdiction remain reserved.

Should individual provisions of these terms be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic purpose of the invalid provision.