1. The parties involved
‍The proposal lays out the terms of service offered by soflow agency GmbH and the “Client” shown above.

‍2. Scope of work
‍The “service proposal” above, contains all the services that will be completed by soflow agency GmbH for the “project total” price.In the case that any additional work not described within the scope of the proposal is required the Client will be informed and agrees to pay per hour CHF130 for this additional work, only if the Client agrees that the additional work is out of scope and agrees a fee cap in advance of the work being undertaken. The creation and edits of the resources required for the design, such as fonts, stock photos and icons, are not included in the above prices, unless stated .These will be supplied by the Client, and the right to use them will be theirs. New components that are not described in the scope of work will be priced in a new quotation.

‍3. Payment
‍Payment structure: (Payment schedule included in the proposal) 50% of project fee is due as a deposit before work begins 25% of project fee is due when 75% of the work is done 25% of project fee is due upon project completion.
Payment by bank transfer in CHF, EUR or BTC.

‍4. Feedback, revisions, and approvals
‍Before accepting the proposal the Client will be informed of which stages the Client will need to provide feedback and or approval. A timescale will be drawn up that is satisfactory to both parties and agreed upon for stages of the project and completion. If feedback and or approval is not received from the Client, in the specified time frame, no further work will be undertaken by soflow GmbH and the client will not be refunded for work already undertaken. Typically, unless stated otherwise above, clients will be asked to sign off on a final “high fidelity” model of the website before any development takes place. After development starts only minor changes to content are allowed, per the proposal, and any additional revisions will incur an additional work fee. Before the project goes live the Client will be able to review and note any minor changes either using Pastel markup or by soflow agency GmbH sending the client files for approval. The project going live is accepted as the completion of the project. Unless otherwise agreed, soflow agency GmbH will only start work on the project once soflow agency GmbH has received all the content for the project.

‍5. Termination of contract
‍Either party can decide to terminate the contract at any time. In case of cancellation of the project once the work has started, the client agrees not to claim the part corresponding to the advance payment and if the work carried out exceeds 50% of the total project, the client agrees to pay the part corresponding to the work already undertaken by soflow. In case soflow agency GmbH is unable to complete the project, in the scope agreed in the proposal, the Client will receive a full refund for any money paid to soflow agency GmbH relating to this project. In the case the Client wishes to terminate the contract early, and a deposit has been paid and work has started on the project the Client accepts there will be no refund of payments made. In case there is payment outstanding for services already completed by soflow agency GmbH, the Client agrees to pay soflow agency GmbH the for the work completed. In case the Client fails to meet payments agreed upon in the proposal, the Client accepts that no further work will be undertaken by soflow agency GmbH and that the Client is liable to pay for all work already completed by soflow agency GmbH.

‍6. Privacy and confidentiality
‍soflow agency GmbH will not disclose any client information, unless necessary during the normal course of work, and specifically agreed upon with the Client. In the case the Client is providing content for the project, the Client is responsible for all usage licenses and copyright permissions of this provided content.

‍7. Data protection
‍soflow agency GmbH works with 3rd party applications and as such does not store any sensitive information on our servers. soflow agency GmbH is not responsible for the accuracy of privacy policies, terms and conditions or any other legal information required on a Client’s website. soflow agency GmbH is not liable under any circumstances for data leaks from any 3rd party products used in the creation of content by soflow agency GmbH.

‍8. Ownership and work for hire
‍Design Credit and Marketing - On completion, the Client takes ownership of the work, including the complete source code of the site. The Client agrees a small “created by soflow agency” link will be placed in the footer of the site. soflow agency GmbH will seek prior Client approval to include their site in the portfolio of soflow agency to showcase their work. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than 5000CHF, a fixed fee of 1000CHF will be applied.
Rights of use: Once the work has been completed and payment has been received, the Client will have the rights to the development.
Developer Credit: inclusion of credit for soflow agency GmbH on website; retention of website credit for soflow.

9. Warranties
soflow agency GmbH has no responsibility for any malfunction of the website or any 3rd party program used in the creation of the website after the project has been completed.
If the website is damaged due to an incident of hacking or some other malware beyond the scope of your soflow agency GmbH’s services, the Client will pay for the repairs. Upon completion of the website the Client takes full ownership and responsibility for the website including taking care not to use low security passwords and or sharing passwords.

10. Force majeure
In the event that a project cannot be completed by soflow due to force majeure the client acknowledges that there will be no refund for services already completed, or partially completed. soflow agency GmbH will, if possible, complete the work as soon as is possible, or otherwise the obligation to pay future amounts will terminate.

‍11. Sign-off and signatures
The client mentioned in this proposal is requested to sign, thereby agreeing to the contents of the proposal and the terms and conditions listed within it.

‍12. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

‍13. Limitations and exclusions of liability
In no event shall any party to this agreement be liable for any loss of profits, loss of revenue, loss of use, loss of opportunity, loss of data, consequential loss resulting from any malfunction with the services provided by soflow agency GmbH or any 3rd party product used by soflow agency GmbH in the development of the website. soflow agency GmbH shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Client, if applicable, in connection with matters to which this agreement relates, except a loss resulting from the willful misfeasance, bad faith or negligence on its part in the performance of its duties or from reckless disregard of its obligations and duties under this agreement.

‍14. Web Browsers
soflow agency GmbH makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Google Chrome, Microsoft Edge etc.). The Client agrees that soflow agency GmbH cannot guarantee correct functionality with all browser software across different operating systems. soflow agency cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, soflow agency GmbH reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

‍15. Third-Party Products
Any third-party software which soflow agency GmbH agrees to provide shall be supplied in accordance with the relevant licensor’s standard terms. The one-off licence fee for such third-party software is not included in the cost of development and will made clear to the Client at the time of acceptance.

‍16. Digital Marketing
soflow agency GmbH will honour the components of your chosen digital marketing scope of work, providing an agreement to a minimum 3 months contract is served, and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.

‍17. Turnaround Time and Content Control
soflow agency GmbH will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at the date agreed with Client upon soflow agency GmbH receiving initial payment, unless a delay is specifically requested by the Client and agreed by soflow agency GmbH. In return, the Client agrees to provide soflow agency GmbH promptly with all necessary co-operation, information, materials and data, access to staff and timely decision-making which may be reasonably required by soflow agency GmbH for the performance of the services. This shall include the Client delegating a single individual as a primary contact to aid soflow agency GmbH with progressing the commission in a satisfactory and expedient manner. During the project, soflow agency GmbH will require the Client to provide website content: text, images, movies and sound files, along with any relevant background information.

‍18. Novation
soflow agency GmbH agrees that the Client may assign, transfer or novate any of its rights or obligations under this purchase agreement to related bodies corporate without prior consent.