Terms and Conditions
These General Terms and Conditions ("GTC") apply to all services offered by GUYCOLLE GmbH (hereinafter "GUYCOLLE"). By using our services, you accept the following provisions in full and without modification.
1 Scope and conclusion of contract
1.1 The subject of these GTC is the use of services and products that GUYCOLLE provides to or offers its clients (hereinafter the "Client"). This includes in particular web development, custom software, maintenance and continued development, hosting services, email hosting, Microsoft 365 provisioning, IT consulting, device management, helpdesk and on-site service.
1.2 Acceptance of these GTC takes place upon use of the corresponding services and products. When sending a contract or a client-specific quotation regarding GUYCOLLE services and products, GUYCOLLE provides these GTC to the Client together with the contractual documents in writing by post or email. The Client confirms acceptance by signing and returning the quotation or contract, by using the service, or by paying the invoice. The GTC form an integral part of the contract with the Client.
1.3 Where a written quotation or individual contract conflicts with these GTC, the provisions of the quotation or individual contract prevail.
2 Services and rights of GUYCOLLE
2.1 GUYCOLLE provides both free and paid services. The Client selects the services to be provided by GUYCOLLE from the range of services available at the time of use. The conditions of the client-specific quotation apply to all services. GUYCOLLE may modify its range of services at any time, restrict individual services, or discontinue their provision.
2.2 GUYCOLLE is entitled to engage subcontractors and third-party providers to deliver its services — namely hosting providers, data-centre operators, Microsoft as the provider of Microsoft 365, and freelancers. GUYCOLLE remains responsible to the Client for delivering the agreed services. Subcontractors are bound to confidentiality by GUYCOLLE.
3 Rights and obligations of the Client
3.1 The Client is entitled to use the services and products as intended and lawfully and undertakes to comply with these GTC and any instructions from GUYCOLLE, in particular regarding maintenance, updating or deletion of software.
3.2 When ordering, registering and using the services the Client must provide truthful and verifiable information. GUYCOLLE may at any time and without giving reasons require the Client to submit documents or information by which GUYCOLLE can verify the accuracy of the Client's statements. GUYCOLLE is entitled to defer acceptance of the order or registration, suspend the provision of services, or terminate the contract with immediate effect if the Client fails to submit suitable documents or information within the period set by GUYCOLLE.
3.3 The Client is not entitled to make a service they have purchased available to third parties (free of charge or for a fee). If GUYCOLLE determines that the services purchased by the Client are not used by the Client but by a third party, GUYCOLLE is entitled to suspend provision of the relevant service until this defect has been remedied. The Client remains obliged to pay the full remuneration owed for that service.
3.4 The Client undertakes to keep the applications and software they use (both server- and client-side) technically up to date, to maintain them regularly and to install updates. The Client further undertakes to remove from the server any applications and software that are no longer needed.
3.5 The Client is obliged to report any disruptions or interruptions to the services they use to GUYCOLLE without delay and to support GUYCOLLE in remedying them where possible. The Client bears the costs of identifying and remedying disruptions if the Client requested the investigation and the cause is attributable to the Client's behaviour or to the equipment they use, or to the behaviour of users of the Client's website.
3.6 The Client is responsible for the content of the information they (and third parties communicating through them) transmit, process, distribute or make available for retrieval through GUYCOLLE. This includes language, images, sounds, computer programs, databases, audio and video files as well as references such as links to such information. GUYCOLLE has no obligation to monitor content made accessible by the Client.
3.7 The Client is obliged to make accessible only permissible content when using GUYCOLLE's products and services. Impermissible content includes in particular content that violates the rights of GUYCOLLE or third parties — namely intellectual property rights, personality rights, provisions of the Federal Act against Unfair Competition (UCA, including the Client's imprint obligation under Art. 3 para. 1 lit. s UCA), or commercial reputation. Impermissible content also includes any content that constitutes a criminal offence — in particular in the areas of pornography, depictions of violence, racism, trade secrets, defamation and fraud.
4 Data backup
4.1 The Client is solely responsible for taking suitable and necessary security measures to be able to restore their information and data in the event of loss or unauthorised or unintentional alteration. The measures to be taken differ according to the protection requirements as well as the probability of occurrence and severity of the risk. GUYCOLLE recommends that its clients back up their data regularly.
4.2 As part of its hosting services, GUYCOLLE performs daily backups of client data. The retention period is 14 days unless otherwise agreed in the quotation. These backups serve recovery in case of disruption and do not replace the Client's own data backup.
5 Invoicing and payment terms
5.1 The obligation to pay for paid services and products begins upon conclusion of the contract or upon use of the service.
5.2 GUYCOLLE generally invoices project services upon completion of the project. The invoice is due by the stated date.
5.3 Orders exceeding CHF 10,000 are billed in instalments:
- 1/3 upon order placement
- 1/3 on reaching 50% of the project order
- 1/3 upon completion of the project order
5.4 Invoices may be paid by QR-bill, bank transfer, TWINT, Apple Pay or credit card.
5.5 If the Client breaches the payment terms, GUYCOLLE is entitled to charge default interest of 8% per annum. From the second reminder onward, cost-covering reminder fees may additionally be charged. GUYCOLLE is also entitled to terminate the service in accordance with Section 11.3, and to suspend the service after an unsuccessful first reminder.
5.6 Set-off of mutual claims of the contracting parties is excluded.
6 Recurring fees and hosting plans
6.1 Hosting services, email hosting, Microsoft 365 licences and comparable subscription services are billed on a recurring basis. The billing period is monthly unless otherwise agreed in the quotation.
6.2 The minimum contract term for hosting plans is 12 months from activation. After the minimum term the contract automatically renews for further 12-month periods unless terminated with one month's notice to the end of the current contract period.
6.3 Termination must be in writing by email or post.
6.4 GUYCOLLE may adjust the prices for recurring services with 60 days' advance notice. In the event of a price increase the Client has an extraordinary right of termination to the next possible end of the current contract period. If the right of termination is not exercised, the price change is deemed accepted.
6.5 Microsoft 365 licences and comparable third-party products are billed in accordance with the conditions of the respective provider. On termination of the contractual relationship with GUYCOLLE the provisioning of those licences ends accordingly.
7 Service levels and availability
7.1 GUYCOLLE targets average availability of 99.5% per annum for hosted services, measured outside scheduled maintenance windows. This is a target, not a guaranteed property.
7.2 Scheduled maintenance windows are announced to the Client by email at least 48 hours in advance. Maintenance is generally carried out between 22:00 and 06:00 (CET).
7.3 Response times to reported disruptions during business hours (Monday to Friday, 08:00 to 17:30, excluding Swiss public holidays):
- Critical disruptions (service unreachable): within 4 hours
- Medium disruptions (service degraded): within 1 business day
- Minor disruptions / queries: within 3 business days
7.4 Extended Service Level Agreements with guaranteed availabilities or 24/7 support can be set out in a separate agreement.
8 On-site service and travel costs
8.1 GUYCOLLE provides on-site service primarily in the Bern, Zurich, Winterthur and St. Gallen region along the A1 motorway. Engagements outside this region are possible by arrangement.
8.2 On-site engagements are billed at the agreed hourly rate, with a one-hour minimum.
8.3 Travel and travel time are charged according to GUYCOLLE's current travel-expense schedule. The schedule is available on request and applies in addition to these GTC.
9 Warranty
9.1 GUYCOLLE strives to provide its services carefully and professionally. However, GUYCOLLE cannot guarantee that the Client's website is continuously available on the internet or that the data requested by the Client is transmitted correctly and without delay. GUYCOLLE makes no guarantee that the services rendered by GUYCOLLE and any engaged third parties enable the Client to achieve the intended commercial or other purpose.
9.2 The Client's notifications of disruption must be in writing by email and contain a comprehensible description of the defects asserted. The Client must grant GUYCOLLE a reasonable grace period of at least 30 days to remedy the specified defects. After unsuccessful expiry of the grace period the Client is entitled to immediate termination of the contract. GUYCOLLE will reimburse pro rata any remuneration already paid for the period in which the Client no longer uses the service following termination. Any further compensation is excluded, subject to Section 10 of these GTC.
10 Liability of GUYCOLLE
10.1 GUYCOLLE's liability for its own conduct is excluded to the extent permitted by law. Beyond this, GUYCOLLE is not liable for defects in deliveries and services of third parties, nor for damages arising from such defects.
10.2 Excluded is any liability for damages arising because third parties misuse or unlawfully interfere with GUYCOLLE's communication infrastructure or the Client's website. This applies in particular to interference through computer viruses, DDoS attacks, alterations by hackers and the unauthorised sending of emails. The exclusion also covers damages incurred by the Client as a result of measures necessary to defend against such third-party interference — for example blocking access to the Client's website to protect GUYCOLLE's infrastructure and the websites of other clients from DDoS attacks.
10.3 Liability for auxiliary persons and subcontractors is excluded to the extent permitted by law.
10.4 Where liability cannot be excluded by law, it is limited to the order value of the affected individual contract, but at most to CHF 50,000 per loss event.
11 Liability of the Client
11.1 The Client is liable to GUYCOLLE without limitation for damages caused by unlawful intent or gross negligence. Liability of the Client for slight negligence is expressly excluded.
12 Force majeure
12.1 Neither contracting party is liable for delays or non-performance of obligations caused by events of force majeure. Force majeure includes in particular natural disasters, war, civil unrest, strikes, governmental orders, pandemics, prolonged power outages, failures of telecommunications and internet infrastructure, and severe technical disruptions at upstream providers that lie outside the affected party's control.
12.2 The affected party informs the other party without delay of the occurrence and expected duration of the force majeure. Contractual obligations are suspended for the duration of the force majeure.
13 Data protection and processing on behalf
13.1 GUYCOLLE processes personal data in compliance with the revised Swiss Federal Act on Data Protection (FADP) and, where applicable, the European Union's General Data Protection Regulation (GDPR).
13.2 Where GUYCOLLE processes personal data of the Client on behalf as part of hosting services or other deliverables, the parties enter into a separate Data Processing Agreement (DPA) on request. The DPA governs in particular the nature and purpose of processing, the categories of data concerned, technical and organisational measures, and the rights and obligations of both parties.
13.3 When using Microsoft 365 and comparable cloud services, data processing is carried out in accordance with the conditions of the respective provider. The Client acknowledges that these providers may process data in data centres outside Switzerland and the EU. GUYCOLLE informs the Client about data locations on request.
13.4 GUYCOLLE's privacy policy is available on the website at Privacy Policy.
14 Term and termination
14.1 These GTC apply for the entire duration of the Client's use of services.
14.2 For hosting services and other recurring services, the provisions of Section 6 apply.
14.3 GUYCOLLE may terminate the contract with the Client without notice if proceedings for bankruptcy or insolvency have been initiated against the Client, if it otherwise becomes evident that the Client can no longer meet their payment obligations, or if the Client fails to advance the costs for the next contract period before its end or to provide corresponding security.
14.4 After termination of the contract GUYCOLLE is entitled to delete the Client's data after a transition period of 30 days. During this period the Client is entitled to a one-off handover of their data in a customary format (database dump, file archive). Any data handover or migration support beyond this is billed by effort.
15 Confidentiality
15.1 The contracting parties undertake to treat all confidential information of the other party that comes to their knowledge in the course of the business relationship as strictly confidential and not to pass it on to third parties.
15.2 Confidential information includes in particular business data, concepts, source code, access credentials, customer data and any other information marked as confidential or confidential by its nature.
15.3 The confidentiality obligation applies for the duration of the contractual relationship and for five years thereafter.
15.4 Excluded from confidentiality is information that is demonstrably publicly known, was already known to the receiving party before receipt, or was independently developed by the receiving party.
16 Copyright and rights of use
16.1 The copyright usage rights to the works created by GUYCOLLE in the course of its general activity (frameworks, libraries, reusable components, design templates, concepts, methods) remain with GUYCOLLE. The Client receives the non-exclusive, non-transferable right to use these works within the scope of the agreed assignment.
16.2 For client-specific custom code developed exclusively for the Client as part of an individual project and not based on reusable GUYCOLLE components, the Client receives the exclusive right of use upon full payment of the agreed remuneration. The underlying frameworks, libraries and open-source components remain with their respective rights holders; the Client uses these in accordance with the respective licence terms.
16.3 Concepts, design proposals, designs, graphic drafts and sketches, texts, images, photos and presentation proposals (e.g. pitches) remain the property of GUYCOLLE until a corresponding transfer of usage rights has been agreed in writing and remunerated. Unless otherwise agreed, the Client's content, time and geographical use of the works created by GUYCOLLE is limited to single use within the scope of the agreed assignment. A right to modify is not granted.
16.4 GUYCOLLE is entitled to designate authorship of its works in a form to be determined by GUYCOLLE.
16.5 The unlawful use of works protected by copyright belonging to GUYCOLLE, as well as of presentation proposals, obliges the Client to pay a contractual penalty of 50% of the order volume, but at least CHF 10,000. The assertion of further damages is expressly reserved. Payment of the contractual penalty does not lift the prohibition on use. Any further use is subject to payment of the aforementioned contractual penalty and obliges the Client to pay damages.
17 References
17.1 By using the services, the Client grants GUYCOLLE permission to use the Client's company logo and a brief project description as a reference on the website, in presentations and in other marketing materials.
17.2 If the principal is a reseller (e.g. an agency), the reseller is obliged to obtain permission from their end client.
17.3 The Client may revoke the reference use in writing at any time. GUYCOLLE will remove the logo and project description within 30 days.
18 Severability clause
18.1 Should any provision of these GTC be or become unlawful, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the ineffective provision shall be deemed replaced by an effective provision that best reflects the economic purpose of the original provision and the will of the parties at the time the contract was concluded. The same applies to any gaps in these GTC.
19 Applicable law and place of jurisdiction
19.1 These GTC and all legal relationships arising from them are subject exclusively to Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG, "Vienna Sales Convention").
19.2 Exclusive place of jurisdiction for all disputes arising out of or in connection with these GTC is Zurich, Switzerland. GUYCOLLE reserves the right to bring proceedings against the Client at the Client's general place of jurisdiction as well.
GUYCOLLE reserves the right to amend the GTC at any time. The version in force at the time of use of the service applies.
Last amended: Kyburg, 7 May 2026
This is a working translation of the binding German version. In case of discrepancies, the German "Allgemeine Geschäftsbedingungen" prevail.