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Terms & Conditions
Britishweb Ltd is an independent UK digital agency, jointly owned by Dania Albini and Giovanni Frino, with ticinoWEB as its Swiss development, delivery and hosting partner.
Domain Management
The domain is managed on the customer’s behalf by britishWEB. The domain belongs to the customer, and the customer has the right to transfer the domain at any time, regardless of any payment disputes. The domain does not include the web server or the email server; if there are any outstanding payments, these cannot be transferred until the balance is paid in full.
britishWEB will act as an intermediary with the registrar, but is not responsible for any service disruptions caused by the registrar itself.
Website Migration
The cost of transferring a website to a new agency is 250.- CHF; this includes the cost of the backup and support for the new agency. Support and the backup will be provided only after payment is received. The fee of 250.- CHF is in addition to all annual hosting and domain fees.
In the event of termination of the contractual relationship, the Customer is entitled to receive all data belonging to them in a commonly used format. This right does not include source code, development tools, proprietary libraries, frameworks, internal customizations, or other elements protected by intellectual property rights belonging to britishWEB.
Safety
All of our services are protected by the highest level of security and are regularly updated to keep pace with changes. EV and DV SSL certificates included.
Backup
We back up all your data every 24 hours to servers physically located in another data center and retain the backups for 7 days. If you need to recover or restore your data, we’ll take care of it for you.
The customer is still responsible for keeping local copies of critical data.
Support
If your company is located in Ticino, one of our technicians will come to your office in person (for an additional fee) to set up email accounts on your computers and show you how they work. If you are located outside of Ticino, this support is provided remotely.
Disclaimer
The Customer retains full ownership of the materials provided by him/her (the term “materials” refers, by way of example but not limited to: texts, logos, trademarks, images, audiovisual content, documents, graphics, diagrams, designs, etc.), whether or not they are sensitive or personal, and assumes all responsibility for their content and management, expressly releasing britishWEB from any liability and obligation to verify and/or monitor them.
Therefore, although britishWEB makes every effort to prevent this from happening, it cannot be held liable under any circumstances for the use of data provided and/or requested by the Customer that, unbeknownst to britishWEB, is protected by copyright.
The Customer uses the services at their own risk; britishWEB is not liable to any party for legal/civil or administrative disputes, or for indirect, special, incidental, punitive, exemplary, or consequential damages (including, but not limited to: damages resulting from the inability to use or access the services, loss or corruption of data, loss of profits or customers, reputational damage, business interruptions, or similar), caused by the use or inability to use the services and based on any theory of liability, including breach of contract, negligence, or otherwise, even if britishWEB has been advised of the possibility of such damages and even if a provision of this agreement has failed to provide a remedy.
britishWEB cannot be held liable for brief service disruptions caused by technical issues with servers, the Internet, hackers, etc.
britishWEB cannot guarantee the Customer any guaranteed revenue from the use of the services provided.
If any limitation, exclusion, restriction, or other provision contained in this contract is deemed invalid for any reason by an arbitrator or a competent court, and britishWEB consequently becomes liable for loss or damage, such liability—whether contractual, civil, or otherwise—shall not exceed the list price charged by britishWEB for the type of service sold.
britishWEB guarantees complete discretion and confidentiality in the handling of the customer’s sensitive data.
britishWEB reserves the right to suspend the service in the event of a serious delay in payment.
britishWEB refrains from promoting activities involving erotica, pornography, smoking, drugs, CBD, cannabis derivatives, antidepressants, nightclubs, and activities that promise easy money, scams, or any form of organized crime. britishWEB does not promote any activities that it considers harmful to society and the individuals living within it.
The penalty for early termination of the contract is 10% of its annual value.
No refunds will be issued.
The figures regarding the audience reach of promotional campaigns, as stated in the contracts, are estimates and may vary significantly, either higher or lower.
The agreements set forth in this section (3) are valid now and for all future agreements between the customer and britishWEB, whether oral or written.
Support Packages
The minimum charge for each support call is 20 minutes. The time spent on the phone with the customer and the time spent managing the hours on the support package are also counted as support. Support packages are paid for in advance. That’s how it is, that’s how it’s always been, and that’s how it will always be. For all customers.
Delays in Payments
In the event of significant payment delays (more than 2 weeks), britishWEB reserves the right to suspend the service—not only the service for which payment is overdue, but any service provided by britishWEB that britishWEB deems necessary to suspend in the event of excessive payment delays for any service.
Sensitive Data
In accordance with privacy laws, britishWEB is committed to ensuring the utmost confidentiality and protection of its customers’ sensitive data.
All information provided by customers to britishWEB is handled with the utmost care and discretion. We assure you that this data will not, under any circumstances, be sold, transferred, or disclosed to third parties of any kind, thereby upholding our commitment to protecting our users’ privacy.
Our customers’ trust and security are of the utmost importance to us, which is why we take all necessary measures to protect the sensitive information entrusted to us.
britishWEB processes personal data in accordance with the Federal Data Protection Act (nLPD, RS 235.1) and, where applicable, the GDPR (EU Regulation 2016/679) and UK Data Protection Act 2018. Detailed guidelines are accessible on our Privacy Policy.
Social Media and Google Campaign Management
britishWEB cannot be held liable under the law for losses incurred in good faith due to improper management of the customer’s credit cards during the administration of social media or Google accounts, such as an incorrect payment or mismanagement of the advertising budget.
britishWEB is committed to, but does not guarantee, the accurate and secure management of the client’s social media and Google accounts so that the investment yields the best possible results for the client.
Software Development and Intellectual Property (IP)
All software, applications, websites, platforms, modules, customizations, source code, databases, APIs, integrations, interfaces, design, technical structures, frameworks, libraries, scripts, technical documentation, development methodologies, know-how, and any other IT solution developed or created by britishWEB as part of this engagement constitute protected works under the Swiss Federal Copyright Act (LDA) and remain the exclusive intellectual property of britishWEB, unless otherwise agreed in writing.
The Customer acquires only a non-exclusive, non-transferable license to use the software, limited to the purposes set forth in the contract. This license does not entail the transfer of ownership of the software, source code, technical documentation, copyrights, or any other intellectual property rights.
Payment of invoices related to project development covers the costs of analysis, design, development, configuration, and implementation, but does not entail the purchase of the software or the related intellectual property rights.
It is prohibited, without the prior written consent of britishWEB, to copy, modify, decompile, distribute, publish, resell, sublicense, transfer to third parties, or otherwise use the software or any part thereof in any manner other than as expressly authorized.
britishWEB reserves the right to reuse, modify, and employ in other projects any software components, frameworks, libraries, modules, algorithms, features, methodologies, processes, and know-how developed during the course of the project, even if they were used for the Client.
The trademarks, logos, text, photographs, videos, data, and any other content provided by the Customer or owned by the Customer remain the exclusive property of the Customer. These rights are not acquired by britishWEB.
The license remains valid as long as the Customer complies with the terms of the contract and pays any fees for hosting, maintenance, support, licensing, or other services provided for in the contract.
If the Customer requests the transfer of the website, application, software, or any other solution developed by britishWEB to a different provider, or requests the delivery of the source code, technical documentation, or other elements covered by intellectual property rights, such transfer is not included in the fee originally agreed upon for the development of the project.
Any transfer of economic rights, release of the source code, or grant of rights beyond those provided for in the license agreement may take place only upon written agreement between the parties and upon payment of a specific fee, determined based on the value of the intellectual property, the embedded proprietary software, the customizations made, the transferred know-how, and the technical activities necessary for the transfer.
Unless otherwise agreed in writing, britishWEB is not required to provide the source code, development tools, repositories, proprietary frameworks, internal technical documentation, or any other item not expressly provided for in the contract.
Additional Notes on the Terms and Conditions
britishWEB reserves the right to modify these terms and conditions at any time without prior notice.
The customer agrees to pay the amount specified in this contract and accepts this document as an acknowledgment of debt pursuant to Article 82 of the L.E.F., for the amount indicated above. In the event that the company fails to fulfill its obligations, the person signing the contract likewise acknowledges the debt personally and under the same conditions as the company.
Hosting prices are subject to minor changes each year. These changes are made without prior notice to the customer. Such changes made without prior notice may not exceed 10% of the payment amount. For changes exceeding 10%, the customer will be notified in advance.
Hosting contracts are automatically renewed without prior notice. The customer may cancel the contract at any time within 3 months of its automatic renewal.
Online marketing advertising contracts are also automatically renewed, but the consultant must provide advance notice via phone call or in person. These contracts may be canceled within 3 months of the renewal date agreed upon with the consultant.
Jurisdiction & Applicable Law
This contract is governed by Swiss law. The Court of Locarno shall have exclusive jurisdiction.
In the event of any discrepancies between the different language versions, the Italian text shall prevail.