Terms and Conditions
1. Scope and provider
These terms govern the use of Website Generator, offered by JobChecker GmbH, Poststrasse 21, 8556 Wigoltingen, Switzerland (the „provider"). They become part of the contract upon registration. Deviating terms of the customer apply only if the provider agrees to them in writing.
2. Service
The provider supplies software with which the customer builds a website from prepared templates, fills it with content and publishes it. Included are operation on a server in Switzerland, a transport encryption certificate, and an address under a subdomain of the provider or — depending on the chosen package — under the customer’s own domain. Not included are the creation of content, texts, images and translations, nor services beyond the chosen package. Such additional services are agreed individually and invoiced separately.
3. Conclusion of contract and trial period
The contract is concluded upon registration. The first 14 days are free and require no means of payment. If no paid subscription is taken out before the trial period ends, no payment obligation arises. The website is then withdrawn after the grace period under clause 6.
4. Prices, VAT and payment
The prices shown on the website apply. All prices include statutory VAT. The subscription is paid in advance, monthly or annually at the customer’s choice. Payment is processed by a payment service provider, whose terms apply additionally to the payment transaction. Price changes are announced in text form at least 30 days in advance and take effect from the next billing period. If the customer does not agree, they may terminate as of that date.
5. Term and termination
The subscription runs for the chosen period and renews for the same duration unless terminated. The customer may terminate at any time as of the end of the current period — from their own workspace, without giving reasons and without notice. Amounts already paid for the current period are not refunded; the service remains available until the end of the period. The provider may terminate with 30 days’ notice as of the end of a period. The right to block under clause 8 remains reserved.
6. Late payment and withdrawal of the website
If payment fails to arrive, the subscription is deemed expired. The website initially remains reachable. Only 14 days after expiry is it withdrawn, meaning it can no longer be reached publicly. Content, template and domain are retained in full and are not deleted; once the outstanding amount is settled, the website becomes reachable again. This grace period exists because a missed payment usually stems from an expired payment card rather than from a cancellation. Customer data is deleted no earlier than 90 days after the end of the contract. Until then, the customer may request their content.
7. Domains
The rules of the respective registry apply to domains. Domains are always registered for a full year and are payable annually; no pro-rata refund is granted upon termination during the year. The hosting service is unaffected and remains terminable monthly. If the customer brings their own domain, they remain its holder and may dispose of it freely at any time. If a domain is registered through the provider, the customer is entered as holder. Upon termination they may have it transferred to another provider within 30 days; the provider assists them. If the customer expressly relinquishes the domain or does not respond within this period, the provider may release or reuse it. If a domain infringes third-party rights, the customer bears responsibility.
8. Content and customer obligations
The customer is solely responsible for the content they publish. They warrant that they hold the necessary rights to texts, images and other content and that they comply with applicable law — in particular copyright, trade mark, data protection, competition and criminal law as well as professional rules. The provider does not review content in advance. Where there is reasonable suspicion of a serious legal violation, or upon official order, it may block the affected content or the website. The customer is informed without delay and is given, as far as possible, the opportunity to remedy the matter. The customer indemnifies the provider against third-party claims arising from their content, including reasonable costs of legal defence. The customer keeps their access credentials safe and reports any suspected misuse without delay.
9. Availability
The provider operates the service with the care of a competent supplier but owes no particular availability rate. Interruptions due to maintenance, faults at upstream suppliers, attacks or force majeure give rise to no claim for reduction or damages. Plannable maintenance is announced where possible and scheduled during quiet hours. The provider makes regular backups. No claim to restoration of a particular state arises from this; the customer remains responsible for their own backup.
10. Liability
The provider is liable without limitation for damage caused intentionally or through gross negligence, and for injury to life, body and health. Otherwise liability is limited to the amount the customer paid for the service in the twelve months preceding the damaging event. Indirect damage, lost profit and data loss are not compensated, to the extent permitted by law. Mandatory provisions of Swiss law remain reserved in every case.
11. Data protection
The processing of personal data is governed by the privacy policy, which forms part of these terms. Insofar as the provider processes personal data on behalf of the customer — for example data from forms on the customer’s website — this is done exclusively on their instruction and solely to deliver the agreed service.
12. Changes to these terms
The provider may amend these terms. Amendments are communicated in text form at least 30 days before they take effect. If the customer does not object before they take effect, or continues to use the service thereafter, the amended terms are deemed accepted. If the customer objects, either party may terminate as of the effective date.
13. Governing law and place of jurisdiction
Swiss law applies exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the provider’s registered office, unless mandatory statutory provisions prescribe another venue. Should any provision of these terms be invalid, the remaining provisions remain unaffected.