Terms and Conditions

These Terms and Conditions apply to all services, products and digital solutions provided by Thino Tech, owner: Thinoshan Sivakumaran, sole proprietorship based in Oberglatt, Zurich, Switzerland, hereinafter referred to as the Contractor, to its clients, hereinafter referred to as the Client.

These Terms apply in particular to services in the areas of websites, landing pages, web development, SaaS products, web apps, apps, AI solutions, automation, digital products, consulting, technical conception, maintenance and support.

Any deviating, conflicting or supplementary terms of the Client shall only apply if expressly confirmed in writing by the Contractor.

The Contractor provides, in particular, the following services:

The specific scope of services is defined in the respective offer, project order, contract, specification document, concept document or written agreement by email.

Services that are not expressly included in the offer or project scope are considered additional services and may be charged separately.

• development of websites and landing pages
• development of SaaS products, web apps and digital platforms
• app and mobile solutions
• AI solutions, AI-powered features and automation
• workflow automation and technical integrations
• digital products, templates, tools and prototypes
• technical consulting, conception and implementation
• maintenance, further development and support, if expressly agreed

Offers made by the Contractor are non-binding unless a binding period is expressly stated.

A contract is concluded by written acceptance of an offer, confirmation by email, digital order confirmation, signing of a project order or contract or actual use of the services by the Client.

Changes or additions to the scope of services after conclusion of the contract require written confirmation, including by email.

The Client undertakes to provide all information, content, materials, access credentials and approvals required for the performance of the services in a timely and complete manner.

Delays caused by late, incomplete or incorrect cooperation by the Client shall not be the responsibility of the Contractor. Any additional effort resulting from this may be charged separately.

The Client is responsible for ensuring that the content, images, logos, trademarks, data and materials provided by the Client may be lawfully used and do not infringe any third-party rights.

• texts, images, logos, graphics and brand materials
• access to domains, hosting, CMS, databases or third-party tools
• technical requirements and desired features
• feedback and approvals within agreed deadlines
• legally required content such as legal notice, privacy policy, terms or mandatory information
• access to interfaces, APIs or external systems

All prices are stated in Swiss francs (CHF), unless otherwise agreed.

If the Contractor is not subject to VAT, no VAT will be shown. If a VAT obligation exists or arises in the future, VAT will be shown additionally in accordance with the applicable legal requirements.

Billing may take place, depending on the agreement, as a fixed price, based on time and material, based on hourly or daily rates, by project phases, in instalments or milestones, or as an ongoing monthly maintenance or support model.

The Contractor may request advance payments before the start of a project or during the course of the project. For larger projects, partial payments based on project progress or milestones may be agreed.

The Contractor is entitled to start work only after receipt of the agreed advance payment.

Unless otherwise agreed, invoices are payable within 14 days from the invoice date without deduction.

In the event of late payment, the Contractor is entitled to charge default interest of 5% per year.

The Contractor is also entitled to suspend ongoing work, handovers, deployments, access, maintenance services or support until full payment has been received.

Project dates and delivery deadlines are only binding if they have been expressly agreed in writing as binding.

The Contractor will make reasonable efforts to comply with agreed timelines.

Delays may arise in particular due to delayed cooperation by the Client, additional change requests, technical problems with third-party providers, missing approvals, changes to the project scope or unforeseen technical dependencies.

In such cases, agreed deadlines shall be extended appropriately.

Change requests after approval of an offer, design, concept or development status may result in additional work.

The Contractor will, where possible, inform the Client in advance about additional effort. Minor necessary adjustments may be charged based on actual effort if they are required for the implementation of the project.

• additional pages or features
• new integrations
• major design changes
• subsequent structural changes
• additional language versions
• changes to already approved content
• technical requirements that were not previously known

After delivery or provision of a project status, the Client must review the service.

Defects or change requests must be reported in writing within 10 working days. If no feedback is received within this period, the service shall be deemed accepted.

A service shall also be deemed accepted if it is published, used in production, paid for or used by the Client towards third parties.

The Contractor warrants that the services provided correspond to the agreed scope of services.

Defects must be reported in writing without undue delay, but no later than 14 days after discovery, and must be described in a comprehensible manner.

The Contractor has the right to remedy defects. As a rule, the Contractor shall be granted at least two attempts to remedy the defect.

The following are not considered defects: change requests outside the agreed scope of services, subjective design preferences after approval has been given, limitations caused by third-party providers, changes to APIs, frameworks, browsers, hosting environments or external services, errors caused by interventions by the Client or third parties, and problems caused by outdated systems, plugins, external tools or improper use.

Third-party providers may be used or integrated in order to provide the services, in particular for hosting and deployment, domains and DNS, databases, email services, payment services, analytics if agreed, AI services, APIs, cloud and SaaS services, open-source software, frameworks and libraries.

Third-party providers may have their own terms of use, privacy policies, prices, technical limitations and availability.

The Contractor is not liable for outages, price changes, functional changes, security issues, API changes, data loss or other disruptions caused by third-party providers.

If third-party costs arise, they shall be borne by the Client unless otherwise expressly agreed.

Hosting, maintenance, security updates, monitoring, backups, support, further development and ongoing operation are only part of the services if expressly agreed.

After project completion, the Client is responsible for ongoing operation, updates, security, content, access credentials and backups, unless a separate maintenance or support agreement exists.

For ongoing maintenance or support packages, the exact scope is defined in the respective agreement.

The Contractor may design and implement AI-powered solutions, automation, chatbots, workflows, text generation, document processing, data analysis or similar functions.

The Client acknowledges that AI systems may produce incorrect, incomplete, biased or unexpected results. AI outputs must be reviewed by the Client before use, publication or further processing.

The Contractor does not guarantee the factual accuracy, completeness, legality or commercial suitability of automatically generated content, recommendations or analyses.

The Client is responsible for reviewing AI results before productive use, especially in legal, medical, financial, safety-relevant or business-critical contexts.

The Contractor processes personal data in accordance with applicable data protection laws, in particular the Swiss Federal Act on Data Protection.

If the Contractor processes personal data on behalf of the Client within the scope of a client project, additional data processing agreements may be required.

The Client remains responsible for the lawfulness of data processing within its own business operations, website, app, platform or SaaS solution.

In particular, the Client is responsible for ensuring that necessary privacy policies, consents, information obligations, cookie notices, legal notices and other legal requirements for its own offering are correctly implemented, unless corresponding consulting or implementation has been expressly agreed.

Both parties undertake not to disclose confidential information of the other party to third parties and to use such information only for the purposes of the respective project.

Confidential information includes in particular business secrets, access credentials, customer data, technical information, project documents, internal processes, pricing and offer information and unpublished product ideas.

The confidentiality obligation continues to apply after termination of the contractual relationship.

All copyrights and other rights to concepts, designs, source code, texts, structures, documentation, templates, components and digital works remain with the Contractor until full payment has been made, unless otherwise agreed.

After full payment, the Client receives the agreed usage rights to the individually created work results for the agreed purpose. Unless expressly agreed otherwise, simple, non-exclusive usage rights are transferred.

Rights to pre-existing tools, frameworks, libraries, templates, general components, know-how, internal methods or reusable building blocks of the Contractor are not transferred.

The Contractor remains entitled to use general know-how, technical patterns, ideas, components and methods for other projects as well.

The respective licence terms of the providers apply to open-source software, third-party components, fonts, images, icons, APIs, plugins and libraries. The Client is obliged to comply with these terms insofar as they affect the Client's project.

The Contractor is entitled to name completed projects as references and to present them in portfolios, on websites, social media or in presentations, unless the Client expressly objects in writing or a confidentiality agreement prevents this.

This may include the Client's name or logo, a short project description, screenshots, technical key data and a link to the published website or application.

The Client is obliged to store access credentials, API keys, passwords and administrative access securely and to make them available only to authorised persons.

The Contractor is not liable for damages resulting from insecure passwords, disclosure of access credentials, unauthorised access, missing updates or improper use by the Client or third parties.

The Contractor will treat access credentials confidentially and take appropriate technical and organisational measures.

The Contractor is liable only for direct damages caused by intent or gross negligence.

To the extent permitted by law, liability is excluded for loss of profit, indirect damages, consequential damages, reputational damage, data loss, business interruptions, security incidents caused by third-party providers, outages of hosting, cloud, API or SaaS services, incorrect content provided by the Client, incorrect AI-generated content or decisions, and damages caused by improper use.

To the extent permitted by law, liability is limited to the amount paid by the Client for the respective project or service.

Mandatory statutory liability provisions remain reserved.

Both parties may terminate the contract in writing with a notice period of 14 days, unless another notice period has been agreed.

In the event of termination by the Client, services already performed, incurred expenses, reserved resources and third-party costs must be compensated.

The Contractor is entitled to terminate the contract without notice for good cause, in particular in the event of payment default of more than 30 days, serious breach of cooperation obligations, unlawful or abusive project content, unreasonable continuation of the cooperation, breach of confidentiality or use of the services for unlawful purposes.

The Contractor is not obliged to implement, host or continue projects that contain unlawful, misleading, discriminatory, fraudulent, glorifying violence, extremist, pornographic or otherwise prohibited content.

The Contractor may refuse or terminate the implementation or continuation of such projects.

The Client is responsible for the legality of its content, offers, data, business models and use of the digital solutions created.

The Contractor reserves the right to amend these Terms at any time.

For ongoing projects, the Terms valid at the time of conclusion of the contract generally apply, unless a new version is expressly agreed.

The current version is available on the Contractor's website.

Swiss law applies exclusively, excluding conflict-of-law rules.

The place of jurisdiction for all disputes arising from or in connection with the contractual relationship is, to the extent permitted by law, Zurich, Switzerland.

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 shall remain unaffected.

The invalid or unenforceable provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the original provision.

These Terms serve as a general contractual basis for the services of Thino Tech. They do not replace individual legal advice.

Depending on the project, scope of services, data processing or contractual relationship, additional agreements may be required.

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