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 Vincent Schmid, 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. Hosting is charged from the publication of a website according to the chosen package.

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) plus the applicable statutory value added tax (VAT), unless stated otherwise.

Every website has a package. Functions such as online booking or the online shop are only available with the corresponding package. The customer can request a change of package in their account; 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.

Invoices are issued in advance for the booked billing period (monthly or annually). Payment is due within 30 days of the invoice date. In the event of late payment, the provider is entitled to charge default interest in accordance with Art. 104 CO.

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.

Art. 6 Term and termination

The contract runs for an indefinite period and 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.

Art. 7 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.

Art. 8 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 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. 9 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. 10 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. 11 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. 12 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.