Privacy Policy

Privacy Policy

Last updated: February 16, 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Switzerland
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to SwissTech Hashmi, Rue Jaquet-Droz 2.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Professional Designers, accessible from https://professionaldesigners.ch/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: hello@professionaldesigners.ch

Terms & Conditions

Terms & Conditions

ACCEPTANCE

It is not necessary for a customer to have signed an acceptance of these terms and conditions for them to apply. If a customer accepts a quotation, the customer will be deemed to be satisfied with the applicable terms and accepted these terms and conditions in their entirety. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

PROJECT DETAILS & DELIVERY

Company will build solutions/services for client according to the description laid out in the proposal. Any additional features, pages, or other changes to project requirements may affect the timeline and costs laid out in the tables above and will require a separate change order document. Company will build solutions at its own server by creating a subdomain e.g., https://projectname.professionaldesigners.ch and upon successful completion of the project and hence the related payments, project will be transfered to clients’s domain, resulting in deletion of the subdomain at Company’s server.

Changes to the website design or development requires a lot of time to implement, therefore, these changes are very limited, once website is developed & delivered by the company, one week of time will be given for two minor text/images changes. Client should either buy a maintenance package or any other changes will be considered and invoiced as a new work mandate and Client will be provided with a new estimate. Company’s hourly rates are CHF 80.-, these rates will be doubled for work on weekends. First visit to client’s place is complimentary, any frequent visits by the company to the client office / place of choice will be charged on hourly basis.

 

WEBSITE HOSTING & DATA CONFIDENTIALITY

MATERIAL PROVIDED BY THE CLIENT

All the content (text, translations, images etc.,) will be provided by the client. All works produced as a result of the above agreement will become the sole intellectual property of the client, source development code of shop will not be transferred to the client. Company reserves the right to keep the source development code and use visual representations of the final product as part of their project portfolio. As all the content (text, images, translations etc.,) will be provided by client hence the company will not be responsible for the legal, copyright, proprietary rights of the provided content. Client agrees to indemnify, defend and hold harmless Company from any and all claims, actions, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising in any manner caused by Client’s (i) gross negligence; (ii) out of any claim that Client provided content, or any portion thereof in fact infringes upon or violate any proprietary rights of any third party, including but not limited to patent, copyright and trade secret rights; or (iii) from a breach or alleged breach of any of Client’s representations, warranties or agreements herein.

PAYMENT TERMS

Clients understands the importance of paying to Company in a timely manner and wants to maintain a positive working relationship with Company to keep the project moving forward.

Payments for each invoice delivered by Company to Client are due within 15 days of receipt. In case of overdue payments, Company reserves the right to stop work until payment is received. All payment obligations are non-cancelable, and fees paid are non-refundable. Payment may be made by bank transfer or credit card. Credit card payments are subject to an additional 4% convenience fee. «Charges for late payment: Processing fee (from 70 days after the invoice date at the earliest, upon transfer to a debt collection agency) depending on the receivable, max. amount in CHF: 50 (up to 20); 70 (up to 50); 100 (up to 100); 120 (up to 150); 149 (up to 250); 195 (up to 500); 308 (up to 1,500); 448 (up to 3,000); 1,100 (up to 10,000); 1,510 (up to 20,000); 2,658 (up to 50,000); 6% of the receivables (above 50,000).»

TERM & TERMINATION

Termination of services by the customer must be requested in writing and will be effective upon receipt of such notification. Requests for termination of services by e-mail or telephone will not be honored until confirmed in writing. The client will be billed for work performed performed up to the date of the first notice of termination for payment in full within thirty (30) days. The maintenance contracts cannot be terminated early. Client agrees to pay Company any and all sums which are due and payable for: (i) services provided as of the date of termination; and (ii) expenses already incurred, including those from documented non-cancelable commitments. Company agrees to use the best efforts to minimize such costs and expenses. All payment obligations are non-cancelable, and fees paid are non-refundable. If client delays the project by staying non-responsive or not providing the input, Company has the full rights to cancel the project and invoice the client for the work completed so far.

Termination for any reason shall not affect the rights granted to Client by Company hereunder. Upon termination, Client shall pay to Company all undisputed amounts due and payable. If upon termination Client has not paid undisputed fees owed for the material, deliverables or Services provided by Company as of the date of termination, a legal course will be taken against the client. Also, Client agrees not to use any such material or the product of such Service, until Client has paid Company in full. Due to security & sensitivity of company’s dedicated server, access to backend will stay with the company and in case of cancellation, clients’ website transfer to a new server will be performed by the company, at a price of five hours.

PROJECT DELIVERY & CHANGES

Upon receipt of finished work, it must be checked by the client and any claim must be reported within 10 days. After this period, delivery is considered accepted and validated. After this period, any additional requests for changes will be considered and invoiced as a new work mandate. Company assumes no liability for loss of data. A duplicate must be kept by the customer.

REFUSAL OF DELIVERY
If the customer does not take delivery of the mandate, the company is entitled to invoice all of its services, after having notified the latter by mail or e-mail. Company have the right to take legal action against the client in case of non-payment. The computerized document ready for production is kept in archives at the expense and risk of the client, for a maximum of 3 months. Any costs incurred by the refusal to take delivery are the sole responsibility of the customer.

Any notices to either Party made pursuant to this Agreement shall be made and sent (i) via Swiss mail or a nationally recognized carrier to the other Party’s address on file; (ii) or via e-mail to the other Party’s designated representative. Each Party shall have an independent obligation to provide and update, as necessary, the mail and e-mail address on file for such notices. Notices sent by e-mail shall be deemed effective once sent if no error or “bounce back” has been received within twenty-four (24) hours of submission.

RIGHT TO AUTHORSHIP CREDIT

Both Parties agree that when asked, Client must properly identify Company as the creator of the deliverables. Client does not have a proactive duty to display Company’s name together with the deliverables, but Client may not seek to mislead others that the deliverables were created by anyone other than Company. Client hereby agrees Company may use the work product as part of Company’s portfolio and websites, galleries and other media solely for the purpose of showcasing Company’s work but not for any other purpose.

LIABILITY

Company hereby excludes itself, its employees and/or agents from any liability for :

Loss or damage caused by any inaccuracy;
Loss or damage caused by any omission;
Loss or damage caused by delay or error, whether as a result of negligence or otherwise in the production of the website;
Loss or damage to client artwork/photos provided for the site.
It does not matter whether the loss or damage is the result of negligence or any other cause.

GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement and any dispute arising hereunder shall be governed by the laws of the jurisdiction of Company’s primary business location (the “Company’s Jurisdiction”). For all purposes of this Agreement, the Parties consent to exclusive jurisdiction and venue in the courts located in the Company’s jurisdiction.

Copyright Disclaimer

Professional Designer Copyright Policy

Last Updated March 12th, 2018

Professional Designer, GmbH (“Company”) has adopted the following general policy toward copyright infringement in accordance with Article 13 of the Swiss Federal Constitution and the data protection provisions of the Federal (Data Protection Act, DSG). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

Procedure for Reporting Copyright Infringement:

All the material (images/illustrations) on our or our clients websites are purchased from their authors or we used only those material which was either labeled “free to re-use” or available on sites under CreativeCommons License. If you believe that material or content residing on our or one of our client’s website or accessible through Company’s websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below, and we will immediately remove the reported material:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed; this includes, at a minimum and if applicable, the URL or IP address of the link shown on the Site where such material may be found, as well as the reference or link to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL or IP address of the link shown on the Site where such reference or link may be found.
  3. Contact information about the notifier including address, telephone number and, if available, e-mail address;
  4. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; include this statement in the body of the Notice:

    I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).

  5. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner; include this statement in the body of the Notice:

    I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.

Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at abuse@professionaldesigner.ch or at:

Professional Designer
Neuchâtel – Switzerland.

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FREE WEBSITE DESIGN

You care for the others, we care for you.

Yes, you heard it right, a free website: Professional Designer Neuchâtel offers free website design with VPS cloud hosting, to non-profit / charity organizations regardless of their scope of work & location, it is a worldwide offer. Either you are working for refugees or helping to eradicate the poverty, or doing fundraising for a project intend to uplift an ordinary human’s life, you are welcome here. We offer following free services:
  • Free website design & development
  • Free logo design
  • Free flyer design
  • Free business card design
  • Free business card printing* (within Switzerland)
  • Free social media profiles branding
To see the terms and condition or to benefit from this offer, you have to apply to qualify for a free website design or any of the above service.

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