General Terms and Conditions

  1. Terms

    1. Scope

      The akkawi.ch, owner Rabia Sami Akkawi, appears in the public under the company name akkawi.ch. In the following, the term akkawi.ch is used exclusively. The terms and conditions of akkawi.ch also apply to the following products of akkawi.ch: en.akkawi.ch / de.akkawi.ch / privateaviationmarketing.com. All persons who have an employment relationship with akkawi.ch are entitled to make contracts and agreements on its behalf.

    2. Contract Duration

      Unless otherwise stated, the term of the agreement is three years. The term of the agreement is automatically extended by one year, unless a written and registered cancellation letter is received 90 days prior to expiry of the contract from the contracting party. Cancellation does not cover all support services. The contract expires only after expiry of the notice period. With the expiration of the contract, all products made by akkawi.ch go back to akkawi.ch and hosting services such as domains and e-mails are discontinued.

    3. General Provisions

      Should individual provisions of these terms and conditions be invalid, the contract shall nevertheless remain in force. The validity of all other provisions shall remain unaffected. The ineffective regulation is to be replaced by a regulation that comes closest to the purpose of the ineffective regulation. These terms and conditions are exclusively subject to Swiss law. The court of jurisdiction is Zurich.

    4. Adjustments

      akkawi.ch reserves the right to adapt the terms of the contract or the GTC to changing circumstances without direct notification to the customer. The customer is entitled to an extraordinary termination with a pro-rata refund of the costs for the remainder of the contract, insofar as he can prove that these adjustments had been made to him at the time of the contract.

  2. Terms of Payment

    1. Prices

      The package prices for the preparation of a website and for the annual costs, as well as the ones mentioned in the conditions of the GTC’s, are valid on the website and the contract. Any further activities, which are not included in the package price, are executed in the quarter-hour rate of USD 20. Any extensions, adaptations or other activities shall be made at the same quarter-hour rate unless otherwise noted in writing.

    2. Delay of Payment

      In case of non-settlement of a due open balance, akkawi.ch will not charge reminder fees for the first reminder. Insofar as the customer does not pay later in time, akkawi.ch is entitled to charge a fee of USD 30 for the first reminder and USD 70 for the second reminder, to settle the expenses incurred. The customer acknowledges that akkawi.ch cooperates with a collection office in the event of an operation and that additional costs arise for the client. akkawi.ch is entitled to temporarily deactivate the website as a result of non-payment, without notice, until payment of the outstanding balance by the customer.

    3. Annual Costs

      These shall be entered into force on the date of signature of the contract unless otherwise stated. They are independent of the actual (partial) use. Insofar as the website should not be connected, akkawi.ch is still entitled to demand this. Should there be a suspicion that the customer will be insolvent or unable to pay in the near future, the right is reserved to prematurely demand the open annual amounts.

    4. Payment by Installments

      akkawi.ch is in no way obliged to grant the customer a subsequent installment payment after conclusion of the contract. In the event that akkawi.ch meets the customer’s request for a post-contractual installment payment, it is entitled to negotiate additional fees for the post-contractual installment payment for the resulting administrative expenses.

  3. Rights and Duties of akkawi.ch

    1. Self-promotion

      Unless stated otherwise, the client agrees that akkawi.ch will publish the graphics, web pages, etc., produced for the customer as a reference in its homepage. The client allows akkawi.ch to provide a link to its own homepage. Usually, akkawi.ch places its logo or name in the lower address bar of the website and links it to its own website.

    2. Browser Compatibility

      akkawi.ch continually adapts its websites to new versions of browsers. This service is included in the annual cost of the service contract. Unless stated otherwise, the settings for desktop screens apply and do not include any explicit version for smartphones and / or tablets. No warranty can be given for a browser-compatible display for out-of-date or non-standard technologies and / or browser versions that have less than 3% market share in Switzerland. If the customer noticed a browser incompatibility, which was not excluded above, this is to be solved by akkawi.ch free of charge.

    3. Shortcomings

      akkawi.ch commits to carry out the order with the greatest possible care and commits to remedy defects free of charge. In the case of failure of improvement (for example in the case of impossibility), the customer may not claim damages, except in the case of intent or gross negligence, not a reduction of the purchase price.

    4. Disclaimer

      akkawi.ch assumes no liability for direct or indirect damages due to technical problems, server failure, data loss, transmission errors or other causes and shall in no event be liable for lost profits and consequential damages. It does not assume any costs for the service provision of third parties. akkawi.ch shall not be liable for any deficiencies or incidents caused by third-party programs.

    5. Copyright

      The copyrights of all work done by akkawi.ch are with akkawi.ch and are its intellectual property. This includes all textual, photographic and graphic products, which were made by akkawi.ch. Their further use requires express written approval by akkawi.ch and may result in additional costs. In particular, the programming code, the user interface and the FTP data structure of akkawi.ch pages are its intellectual property, and can not be passed on under any circumstances.

    6. Service Conditions

      aakkawi.ch is, in the event of dissatisfaction with the assigned web consultant, willing to provide a different web consultant free of charge or to handle the duties of akkawi.ch via support in order to ensure optimal project support. In the case of excessive costs or inconsistencies with the customer, akkawi.ch may forward this to another employee.

    7. Service Termination

      akkawi.ch is entitled to terminate the contractual relationship without compensation, in the event of non-compliance with the terms of the contract or the outstanding payment, and to terminate all services immediately.

    8. Hosting

      Included in the annual fees is that akkawi.ch provides the customer with server storage for at least 1 domain. The choice of the server provider is exclusively with akkawi.ch. The customer cannot be granted access to the server administration and, in this respect, not otherwise specified, akkawi.ch sets the server and domain on its own basic settings and under its own name. A transfer from an existing hosting must be explicitly requested by the customer, whereby the duty of care for the continuation of any e-mail accounts lies with the customer. Included in the package prices of akkawi.ch is the hosting of a newly registered website, but not the transfer / forwarding of existing hostings, for which any additional expenses can be billed by akkawi.ch.

    9. Email

      Unless otherwise noted in writing, akkawi.ch provides the customer with a free mail hosting service for an e-mail address, and provides the customer the necessary technical access data for the independent set-up of the address. Additional accounts are charged. On request, akkawi.ch remotely installs the mail for the customer, whereby a setup fee is charged. In special cases, e.g. in the case of setting up on mobile devices, technical links, data transfer of existing accounts etc., no guarantee can be granted for the successful installation and all activities of akkawi.ch will be charged in quarter-hour rates. akkawi.ch is not liable for any unsolicited or sent mails from e-mail accounts or contact forms, and cannot completely prevent spam.

    10. Search Engines

      akkawi.ch submits the website of the client to various search engines and link directories and creates and manages Google Ads campaigns. akkawi.ch does not in any way guarantee the client a certain positioning in search engines, since this depends on numerous factors, on which akkawi.ch has no influence. akkawi.ch reserves the right to use part of the campaign budget for its own efforts. The customer acknowledges that akkawi.ch does not disclose the search engine activities, since the measures contained therein are the intellectual property of akkawi.ch. Not included in the annual costs are work for cooperation with external search engine companies.

    11. Business Closure

      If as akkawi.ch discontinues the business activities, it commits to provide the customer with a free data CD or e-mail with all relevant web page data. This allows the customer to continue managing the website independently.

    12. Privacy Policy

      akkawi.ch treats all delivered data confidentially. There are no data available to third parties. Except under strict conditions, to partners who are involved in the fulfilment of the contract.

  4. Rights and Obligations of the Customer

    1. Free Support

      The customer has the right to free phone and written support. Changes to the existing content of a website are made upon request. akkawi.ch reserves the right to charge for costly adjustments.

    2. Copyright

      The client is obliged to check the material provided for graphic design for any copyrights that may exist, and to obtain any necessary permissions for the use thereof. Any claims for copyright and copyright infringement shall be borne entirely by the customer with the exception of pictures and scripts provided by akkawi.ch. The responsibility for any textual content or other publications is borne solely by the customer. The client indemnifies akkawi.ch from all claims which third parties make against them because of a behaviour for which the customer bears the responsibility or liability under the contract. It shall bear the costs of any prosecution.

    3. Address Information

      The customer is obligated to notify the customer in the case of address mutations (eg e-mail, company address, telephone number) within 14 days. akkawi.ch is not obligated to undertake any research into the correction of this information. The customer is liable for damages resulting from incorrect address information, e.g. charges due to non-payment of invoices.

    4. Duty of Cooperation

      The customer is obligated to actively participate in the completion of the website. Customers of projects with creation costs of less than USD 2’500 commit to provide all materials necessary for the website to be supplied within a period of three months insofar as not otherwise stated in writing. In the event that he fails to do so, he commits to pay the full cost of the production. This also applies to the case where a written agreement has been made in writing that a (partial) payment will only take place after the connection is made. The customer is to be given an appropriate time limit for the delivery of the open material, during which time the invoice is suspended and the deadline usually is a maximum of 30 days.

    5. Private Goods

      akkawi.ch assumes no liability for possible color deviations for all printed material such as brochures, flyers or business cards. To the extent that larger deviations exist, the customer has to negotiate with the printing partner selected by akkawi.ch regarding reprinting. With the “good for printing”, the customer agrees that all information displayed on the print goods, such as texts and contact information are correct and the print goods was checked for spelling errors by the customer. No liability shall be accepted for any delays in delivery caused by the print provider. The customer has only the rights of use of all printed products. Open data aka raw data are not included in the scope of delivery and the copyright remains with akkawi.ch.

    6. Duty of Care

      Passwords and access data for the homepage are to be kept carefully and their transmission is at your own risk. Improper changes in the CMS can result in a loss of data. Any restoration costs can be charged by akkawi.ch.

    7. Layout

      The design basis and thus the basis for expenditure forms the layout for the website presented during contract signing. Insofar as it comes after the signing of the contract to customer-specific adjustments, akkawi.ch carries out voluntary free-of-charge adjustments, which are up to 30% higher than the originally calculated hourly expenditure. Insofar as it is not possible to provide the additional expenses in the voluntary additional timeframe, further services are charged in quarter-hour rates. The non-satisfaction of a homepage is no reason for the non-payment of any open invoice, whereby akkawi.ch always strives to supply the customer an optimal product.

    8. Delays

      akkawi.ch strives to meet the delivery deadlines. In the event of non-compliance, akkawi.ch must be given a reasonable post-delivery time. akkawi.ch is not liable for any damages resulting from a delay, in particular for services in which third parties are integrated.

These General Terms and Conditions were last updated and became effective on the 23rd of October 2017.