Terms and conditions of web services

Terms & Conditions

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Domain Management

The domain is managed for the client by ticinoWEB. The domain belongs to the client and the client has the right to transfer the domain at any time beyond any payment dispute. The domain does not include the Web Server or the email Server where, in case there are outstanding payments, they cannot be transferred until the balance is settled.

ticinoWEB will act as an intermediary with the registrar, but is not responsible for outages caused by the registrar itself.

Site Transfer

The cost of transferring a site to a new agency is 250.- CHF, this includes the cost of the backup and support to the new agency. Support and backup will follow only after receipt of payment. The 250.- CHF cost is in addition to all annual hosting and domain costs.

This DOES NOT INCLUDE intellectual property and any software developed by ticinoWEB which is instead clearly defined in the Intellectual Property section.

In case of termination of the contractual relationship, the Client has the right to receive all of their own data in a commonly used format. This right does not include source code, development tools, proprietary libraries, frameworks, internal customizations or other elements protected by intellectual property rights belonging to ticinoWEB.

Security

All our services are protected by the highest level of security and are regularly updated to keep up with changes. SSL EV and DV certificate included.

Backup

Backup of all your data every 24h on servers physically located in another datacenter and kept for 7 days. In case of recovery and restoration needs we take care of it for you.

The client is nevertheless responsible for keeping local copies of critical data.

Support

If your company is in Ticino, one of our technicians will personally (with an extra payment) come to you to install email addresses on your computers and show you how they work. If you are located outside Ticino this support is provided remotely.

Limitation of Liability

a) The Client retains full ownership of the materials provided by them (by “materials” we mean, without limitation: texts, logos, trademarks, images, audiovisuals, documents, graphics, schematics, projects, etc.), even if they are sensitive or personal, assuming all responsibility regarding their content and management, with an explicit release of ticinoWEB from any liability and burden of verification and/or control in this regard.

b) ticinoWEB therefore, while taking steps to prevent this, cannot be held responsible in any case for the use of data delivered and/or requested by the Client that were, without ticinoWEB's knowledge, covered by copyright.

c) The Client uses the services at their own risk, ticinoWEB is not liable to any party for legal/civil or administrative disputes, indirect, specific, incidental, punitive, consequential or consequential damages (for example but not limited to: damages due to inability to use or access the services, loss or corruption of data, profits, clientele, image damage, business interruptions or similar), caused by the use or inability to use the services and based on any theory of liability including breach of contract, negligence, or other, even if ticinoWEB has been notified of the possibility of such damages and in the event that a clause provided by this contract has no remedy.

d) ticinoWEB cannot be held responsible for brief service malfunctions caused by technical problems on servers, internet, hackers etc..

e) ticinoWEB cannot guarantee the Client secure revenues derived from the exploitation of the provided services.

f) If any limitation, exclusion, restriction or other provision contained in this contract is deemed null for any reason by an arbitrator or competent court and ticinoWEB consequently becomes liable for loss or damage, such liability, whether contractual, civil or otherwise, shall not exceed the list price applied by ticinoWEB for the type of service sold.

g) ticinoWEB guarantees total discretion and confidentiality in the handling of the client's sensitive data.

h) ticinoWEB reserves the right to suspend the service in case of serious payment delay.

i) ticinoWEB refrains from promoting activities that trade in erotica, pornography, smoking, drugs, CBD, Cannabis derivatives, antidepressants, night clubs and activities that promise easy profit, scams or any type of organized crime. ticinoWEB does not promote any activity it considers harmful to society and the individuals living in it.

l) The penalty for early termination of the contract is 10% of its annual value.

m) No refunds

o) The figures relating to the audience volume reached by promotional campaigns and reported in the contracts are estimated figures and may vary widely above or below

m) The agreements contained in this section (3) are valid now and for all future agreements between the client and ticinoWEB, whether verbal or written.

Limitation of liability does not apply to cases of intent or gross negligence, as required by the Swiss Code of Obligations (CO art. 100 para. 1).

Support Packages

The minimum charge for each support call is 20 minutes. The time spent on the phone with the client and the administrative time of the hours on the support package are also counted as support. Support packages are paid in advance. So it is, it has always been and it always will be. With all clients.

Payment Delays

In case of significant payment delays (more than 2 weeks) ticinoWEB reserves the right to suspend the service, not only the service for which the payment is delayed, but any service at ticinoWEB that ticinoWEB deems necessary to suspend in case of excessive payment delay for any service.

Sensitive Data

In compliance with privacy law, ticinoWEB is committed to ensuring the utmost confidentiality and protection of clients' sensitive data.

All information transmitted by clients to ticinoWEB is handled with the highest degree of care and discretion. We ensure that such data will never be sold, transferred or disclosed to third parties of any kind, thus honoring our commitment to protect the privacy of our users.

The trust and security of our clients are of primary importance to us, therefore we adopt all necessary measures to protect the sensitive information entrusted to us.

ticinoWEB processes personal data in accordance with the Federal Data Protection Act (nLPD, RS 235.1) and, where applicable, the GDPR (EU Regulation 2016/679).

ticinoWEB cannot be held liable under the law for good faith losses due to improper management of the client’s Credit Cards during the administration of Social or Google accounts, such as incorrect payments or mismanagement of the advertising budget.

ticinoWEB commits, but does not guarantee, to maintain accurate and secure management of the client’s Social and Google accounts so that the investment yields the maximum benefit for the client.

Software Development and Intellectual Property (IP)

All software, applications, websites, platforms, modules, customizations, source code, databases, APIs, integrations, interfaces, design, technical structures, frameworks, libraries, scripts, technical documentation, development methodologies, know-how and any other IT solution developed or created by ticinoWEB within the scope of this assignment constitute works protected under the Federal Copyright Act (LDA) and remain the exclusive intellectual property of ticinoWEB, unless otherwise agreed in writing.

The Client acquires solely a non‑exclusive, non‑transferable usage license limited to the purposes set out in the contract. This license does not entail the transfer of ownership of the software, source code, technical documentation, copyright or any other intellectual property rights.

Payment of the invoices related to the project development compensates the activities of analysis, design, development, configuration and implementation, but does not constitute the purchase of the software nor the related intellectual property rights.

It is prohibited, without the prior written consent of ticinoWEB, to copy, modify, decompile, distribute, publish, resell, sublicense, assign to third parties, or any other use of the software or its parts other than as expressly authorized.

ticinoWEB reserves the right to reuse, modify and employ in other projects software components, frameworks, libraries, modules, algorithms, functionalities, methodologies, processes and know‑how developed during the execution of the project, even if they were used for the Client.

The trademarks, logos, texts, photographs, videos, data and any other content provided by the Client or owned by the Client remain the exclusive property of the Client. Such rights are not acquired by ticinoWEB.

The usage license remains valid as long as the Client complies with the contractual terms and pays any applicable hosting, maintenance, support, license or other service fees stipulated in the contract.

If the Client requests the transfer of the website, application, software or any other solution developed by ticinoWEB to a different provider, or requests the delivery of the source code, technical documentation or other elements covered by intellectual property, such transfer is not included in the fee originally agreed for the project development.

Any transfer of proprietary rights, release of the source code or granting of additional rights beyond the usage license may occur only pursuant to a written agreement between the parties and upon payment of a specific fee, determined based on the value of the intellectual property, incorporated proprietary software, customizations made, transferred know‑how and the technical activities required for the transfer.

Unless otherwise agreed in writing, ticinoWEB is not obliged to deliver the source code, development tools, repositories, proprietary frameworks, internal technical documentation or any other element not expressly provided for in the contract.

Additional notes on Terms and Conditions

ticinoWEB reserves the right to modify these terms and conditions at any time without any notice.

The client commits to the amount established by this contract and accepts this as acknowledgment of debt pursuant to art. 82 L.E.F, for the amount indicated above. In case the company defaults, the person signing the contract likewise acknowledges the debt personally and under the same conditions as the company.

Hosting prices are subject to slight annual adjustments. These adjustments are made without prior notice to the client. Such unannounced adjustments cannot exceed 10% of the payment amount. For adjustments exceeding 10%, the client is notified in advance.

Hosting contracts renew automatically without notice. The client may cancel at any time within 3 months of the automatic renewal.

Online marketing advertising contracts also renew automatically but with notice from the consultant via phone call or personal contact. They can be cancelled within 3 months of the agreed renewal with their consultant.

Competent Court

This contract is governed by Swiss law. The competent court is the Court of Locarno. In case of discrepancies between language versions, the Italian text prevails.

Last Update: 3 December 2025