Terms & Conditions

These are the terms that apply to every website designed, built and hosted by Lutheis. The same text is shown in full at checkout, where it is accepted before an order is placed. Passages that describe a specific order, the client, the project and the price, appear here in general form.

Version 2.0

SERVICE AGREEMENT: WEBSITE CREATION / WEB DESIGN

Between:

Juliette Grieneisen, independent web designer and web developer, residing in Kreuzlingen (TG), Switzerland
hereinafter referred to as "the Service Provider"

And:

Name / Company name: the Client named on the order
Email: the email address given on the order
hereinafter referred to as "the Client"

Article 1, Scope of Services

The Service Provider agrees to carry out the following web design / website creation services for the Client:

Project description: the project described in the order, Collection Design or Bespoke Design, as selected
Expected deliverables: Complete website according to the order specifications.

Article 2, Price and Payment

2.1 Price. The agreed price for the creation of the website is the amount shown on the order at checkout. It covers the work described in Article 1. Hosting and Care is charged separately, in accordance with Article 6.

2.2 Authorization when the order is placed. When the Client places the order, their payment card is authorized for the amount of the order. An authorization reserves that amount with the Client's bank. It is not a payment: no amount is taken at this stage. The reserved amount may appear as pending on the Client's statement.

2.3 Acceptance or refusal of the order. The order placed by the Client constitutes an offer. The Service Provider examines each order and either accepts it or declines it, and the contract is formed when the Service Provider accepts.

- Where the order is accepted, the authorized amount is charged at that moment and the Client is notified by email.
- Where the order is declined, the authorization is released and no amount is charged. Depending on the Client's bank, the pending amount disappears from their statement within a few days.

2.4 Amount charged. The amount charged on acceptance is the amount authorized, unless the parties have agreed a lower amount, in which case only that lower amount is charged. No amount greater than the amount authorized is ever charged without a new order.

2.5 Expiry of the authorization. An authorization is valid for a limited period fixed by the payment system, currently seven days. If the order has not been accepted within that period the authorization lapses and no amount is charged. The Service Provider then informs the Client and invites them to authorize the payment again so that the order can be examined. An order whose authorization has lapsed is neither accepted nor declined.

2.6 Items quoted individually. Where the order includes an item shown as quoted individually, that item is not covered by the price in 2.1. It is quoted separately and carried out only after the Client's written approval.

2.7 Additional services. Any service not included in this agreement (additional pages, features not selected, requests outside the agreed scope) is the subject of a supplementary quotation submitted to the Client for approval before it is carried out.

2.8 Payment of the subscription. Invoices for Hosting and Care are governed by Articles 6 and 8.

Article 3, Timeline and Schedule

Estimated start date: to be confirmed after order validation.
Estimated delivery date: to be confirmed based on the current waiting list.

These timelines are indicative and depend on the Client providing all necessary materials (texts, images, access credentials, approvals) in a timely manner. Any delay attributable to the Client automatically shifts the delivery dates with no penalty for the Service Provider.

Article 4, Revisions

This agreement includes two rounds of revisions.

A round opens on delivery of a version of the website and closes when the Client sends their consolidated list of changes. Any request received after that list counts towards the following round.

Revisions refine the brief agreed at the time of the order. A change to the brief itself is a change of scope and is quoted separately.

Included rounds are used within thirty days of the delivery that opened them, failing which they lapse.

Before a round begins, the Service Provider reviews the Client's list. If the list goes beyond what one round covers, the Service Provider informs the Client and quotes the additional work before starting. No work beyond one round is carried out and no additional amount is invoiced without the Client's prior written approval.

Further rounds are available at any time as an Extra Revision, €200 per round.

Article 5, Client Obligations

The Client agrees to:
- Provide all necessary content (texts, images, logos, access credentials) within the agreed timeframes
- Respond to approval requests within a reasonable timeframe (maximum 7 business days)
- Ensure that all content provided does not infringe upon any third-party rights (copyright, trademarks, etc.)
- Pay invoices within the agreed deadlines

Article 6, Hosting and Care Subscription

6.1 Hosted delivery. Every website created by the Service Provider is built, hosted and maintained on infrastructure held and operated by the Service Provider. The Client is not required to hold or manage any technical account. The Client's domain name is the exception and remains registered in the Client's name.

6.2 Price and billing cycle. Hosting and Care is a recurring subscription, charged at €49 per month or €490 per year. The Client chooses the billing cycle when placing the order. The yearly cycle is invoiced in advance for the twelve months to come. The monthly cycle is invoiced in advance each month.

6.3 Start of billing. The subscription starts on the day the website goes live, and the first invoice is issued on that date. No hosting charge is due before the website is live, whatever time the build itself takes.

6.4 Minimum term. The subscription runs for a minimum term of twelve months from the go-live date. After the minimum term it continues automatically for successive periods of one month on the monthly cycle, or of twelve months on the yearly cycle, until terminated in accordance with 6.5.

6.5 Termination by the Client. The Client may terminate the subscription by giving thirty days' written notice, by email to contact@lutheis.com, taking effect at the end of the current billing period and no earlier than the end of the minimum term.

6.6 Termination by the Service Provider. The Service Provider may terminate the subscription by giving ninety days' written notice, taking effect at the end of the current billing period. Article 11 (Continuity) applies in that case. This is without prejudice to Article 8 (Non-payment).

6.7 Amounts paid in advance. Amounts already paid for the current billing period are not refunded when the Client terminates, and the service continues until the end of the period paid for. Where the Service Provider terminates under 6.6, the unused part of a yearly prepayment is refunded pro rata for each full remaining month.

6.8 Change of cycle. The Client may switch from the monthly to the yearly cycle at any time, effective immediately, with the amounts already paid for the current month credited against the yearly invoice. A switch from the yearly to the monthly cycle takes effect at the end of the yearly period already paid for.

6.9 Price changes. The Service Provider may change the subscription price by giving sixty days' written notice, the new price taking effect at the next renewal. If the Client does not accept the new price, the Client may terminate with effect from that renewal date, and no new minimum term applies.

6.10 End of the subscription. When the subscription ends, hosting ends and the website is taken offline. Before it is taken offline the Client may request an export of their content, which is provided at no charge. Transferring the website to the Client's own accounts is covered by Article 10 (Migration).

Article 7, Scope of Hosting and Care

7.1 What the Client can change themselves, included with every website at no charge. Every website includes a content management system allowing the Client to change the text and the images on existing pages, themselves, at any time, without contacting the Service Provider and without any charge.

7.2 What Hosting and Care covers. The subscription described in Article 6 covers keeping the website online and working as delivered:

- hosting, availability and the operation of the services the website runs on;
- security updates and updates of the software the website depends on;
- backups, and restoring the website from a backup;
- SSL certificates, DNS records and domain configuration;
- keeping the content management system working;
- correcting anything that worked at delivery and has since stopped working.

7.3 What Hosting and Care does not cover. Hosting and Care contains no change work. It does not include new pages or sections, layout changes, design changes, new features, new content written by the Service Provider, or any other change to what the website is. This limit is deliberate: the content management system already allows the Client to change their own text and images, and work that changes the website is charged as such.

7.4 How changes are ordered. Changes to the website are ordered separately:

- new pages or sections, layout changes and design changes: Extra Revision, €200 per round;
- functional additions keep the price listed for them at the time of the order, for example a shop, a booking system, an additional language or a migration from an existing website;
- anything with no listed price is quoted individually, and started only after the Client's written approval.

7.5 Courtesy work creates no entitlement. The Service Provider may, at its discretion, carry out a small change at no charge. Doing so does not entitle the Client to further work at no charge and does not change the scope of 7.2 to 7.4.

Article 8, Non-payment, Suspension and Deletion

8.1 Payment terms. Subscription invoices are payable within fourteen days of the invoice date.

8.2 Grace period. If an invoice is unpaid on its due date, the Service Provider sends a reminder by email. The Client then has a further fourteen days to pay.

8.3 Suspension. If the invoice is still unpaid at the end of that period, the Service Provider may suspend the website. Suspension means the website is taken offline and is no longer reachable by visitors. The Client is notified by email both before suspension takes effect and on the day it takes effect. Nothing is deleted at this stage.

8.4 Effect of suspension. Suspension does not end the contract and does not suspend the obligation to pay. Amounts due for the period before suspension remain payable, as do the amounts due for the remainder of any minimum term under Article 6.4.

8.5 Reactivation. If all outstanding amounts are paid within ninety days of the date of suspension, the website is put back online unchanged, at no additional charge.

8.6 Deletion. If the outstanding amounts are still unpaid ninety days after suspension, the Service Provider may permanently delete the hosted website, its database, its content and its backups, and the subscription ends. The Client is notified by email at least fourteen days before deletion takes place, and may request an export of their content at any time during the ninety days.

8.7 What this article covers, and what it does not. Articles 8.3, 8.5 and 8.6 concern the hosted website only: its files, its database, its content and its backups. They do not concern the Client's account, orders, invoices, contracts or the related correspondence, which the Service Provider is required to keep for at least ten years under Swiss law (CO Art. 958f) and keeps for the duration of the limitation period applying to contractual claims (CO Art. 127). Deletion of the hosted website under 8.6 does not delete those records, and a request to delete the website is not a request to delete them.

8.8 Domain name. The Client's domain name is not affected by suspension or deletion. Where it is registered in the Client's name it remains theirs in all circumstances. Where the Service Provider holds it on the Client's behalf, it is transferred to the Client on request, subject to the outstanding amounts being settled.

Article 9, Ownership and Intellectual Property

9.1 Before full payment. All creations produced under this agreement (design, code, original visuals) remain the exclusive property of the Service Provider until the build price has been paid in full.

9.2 The Client's content. All content supplied by the Client (texts, images, logos, videos, data), and all content added by the Client through the content management system, remains the Client's property. The Client grants the Service Provider the rights needed to build, host, display, back up and maintain the website, for as long as it does so.

9.3 The design. On payment of the build price in full, the Client acquires the exclusive right to use the visual design created for their website (layout, colour scheme, typography and the original visuals produced for them), worldwide, without time limit, for their own business. A design ordered from the collection is marked as sold and is not offered to any other client thereafter.

9.4 The underlying implementation. The source code, components, frameworks, libraries, development tooling, database structure and infrastructure configuration used to build and operate the website remain the property of the Service Provider. The Client acquires the right to have their website built and operated on that implementation, and does not acquire ownership of it. The Service Provider remains free to reuse its own components, code and technical solutions for other projects.

9.5 Accounts and infrastructure. For as long as the Service Provider hosts the website, the hosting, database and related technical accounts are held in the Service Provider's name and operated by the Service Provider. The Client's domain name is the exception and is held by the Client.

9.6 Transfer. The Client may at any time request that the website and the accounts be transferred to them, under Article 10 (Migration), or require it under Article 11 (Continuity).

9.7 Project files. The Service Provider keeps the design sources, working files, previews and the correspondence relating to the order for as long as it hosts, maintains or further develops the website, and thereafter for the applicable legal retention period. These files are necessary to operate and to change the website, and keeping them is part of the service.

9.8 Portfolio. The Service Provider may present the project in its portfolio and its communications, unless the Client objects in writing within thirty days of delivery.

Article 10, Migration

10.1 Right to request. The Client may at any time request that their website be migrated to accounts held by the Client.

10.2 Quoted individually. Migration is not a standard service and has no list price. Its scope and price are quoted individually, because they depend on the website, the volume and nature of its data and the target environment. Work begins only once the Client has accepted the quotation in writing.

10.3 What a migration covers. Unless otherwise agreed in the quotation, a migration covers the export and transfer of the website's files, database and content, the transfer of the hosting and database accounts to the Client or assistance in recreating them in the Client's name, and the handover of the information needed to operate the website. It does not cover training, subsequent support, or any work on the website itself, which are quoted separately.

10.4 Outstanding amounts. A migration may be carried out where no invoice is outstanding. Any outstanding amounts are settled first.

10.5 Effect on the subscription. On completion of the migration the Hosting and Care subscription ends, without refund of amounts already paid for the current period, and the Service Provider ceases to be responsible for the operation, availability, security and maintenance of the website.

10.6 Rights after migration. The Client's content and the design under Article 9.3 are transferred in every case. The Service Provider's rights under Article 9.4 are unaffected: the Client receives the right to continue operating their own website on that implementation, without time limit, and not the right to resell it or to reuse it for other projects.

Article 11, Continuity

11.1 Transfer on cessation. If the Service Provider permanently ceases its activity, or is unable to provide hosting for more than sixty consecutive days, the Client may require that the hosting and database accounts holding their website, together with a complete export of the website and its data, be transferred into accounts held by the Client.

11.2 No charge. That transfer is made at no charge. The Client bears only the cost of their own third-party accounts from the date of transfer.

11.3 Continuing right of use. In that situation the Client's right to continue operating their website on the implementation described in Article 9.4 continues without time limit and survives the end of this agreement.

11.4 Notice. If the Service Provider decides to cease its hosting activity, it gives the Client at least ninety days' written notice and offers the transfer described in 11.1 during that period.

11.5 Availability of the means to transfer. The Service Provider keeps an up-to-date record of the accounts, access credentials and steps needed to carry out the transfer described in 11.1, so that it can be carried out even if the Service Provider is not personally in a position to carry it out.

Article 12, Data Protection and Data Processing

12.1 Two distinct roles. In respect of the Client's own data as a customer of the Service Provider (name, contact details, order and invoice data), the Service Provider acts as controller, and its privacy policy applies. In respect of the personal data of the Client's end users collected through the website hosted by the Service Provider, the Client acts as controller and the Service Provider as processor. This Article 12 constitutes the data processing agreement between the parties within the meaning of Art. 9 nDSG and Art. 28 GDPR.

12.2 Subject matter and duration. The Service Provider processes end-user personal data solely in order to host, operate, secure, back up, restore and maintain the Client's website, for as long as the Hosting and Care subscription is in force, and thereafter only as provided in 12.12.

12.3 Nature and purpose. Storage, hosting, transmission, backup, restoration, technical maintenance, and technical support where the Client requests it and where it requires access to that data.

12.4 Categories of data and of data subjects. Depending on the features of the website: identification and contact data, account and authentication data, order and transaction data, the content of messages sent through the website, and technical data such as IP addresses and server logs. Data subjects are the Client's customers, prospective customers, visitors and account holders. No special categories of personal data within the meaning of Art. 5 lit. c nDSG or Art. 9 GDPR are processed unless expressly agreed in writing.

12.5 Instructions. The Service Provider processes end-user personal data only on the Client's documented instructions, which include this agreement and the order. It informs the Client if, in its view, an instruction infringes applicable data protection law.

12.6 Confidentiality. Any person authorised by the Service Provider to process that data is bound by an obligation of confidentiality.

12.7 Security. The Service Provider implements appropriate technical and organisational measures within the meaning of Art. 8 nDSG and Art. 32 GDPR, in particular: encryption of data in transit (TLS), encryption at rest by its infrastructure providers, access limited to named accounts protected by strong authentication, logical separation of each client's data into its own database project, regular backups with the ability to restore, and the security and dependency updates covered by Article 7.2.

12.8 Subprocessors. The Client gives the Service Provider a general authorisation to engage the subprocessors listed in 12.9. The Service Provider informs the Client at least thirty days before any intended addition or replacement of a subprocessor, and the Client may object on reasonable data protection grounds; if the objection cannot be resolved, either party may terminate the subscription with effect from the date of the intended change, without penalty and with the unused part of any prepayment refunded pro rata. Each subprocessor is bound by data protection obligations no less protective than those of this Article 12.

12.9 List of subprocessors and location of the data.

- Supabase: database, file storage, authentication. European Union (Ireland).
- Cloudflare: delivery, execution at the edge, DNS, protection against attacks. Global edge network, company established in the United States.
- Stripe: payment processing, only where the website includes payments. European Union and United States.
- Resend: sending transactional email, only where the website sends email. European Union and United States.

The Client's website data is stored in the European Union. Delivery through Cloudflare's global network may involve transfers outside the European Union, the European Economic Area and Switzerland. Those transfers are covered by the European Commission's standard contractual clauses together with the Swiss addendum, and, where applicable, by the EU-US and Swiss-US Data Privacy Framework.

12.10 Assistance. Taking into account the nature of the processing and the information available to it, the Service Provider assists the Client by appropriate technical and organisational measures in responding to requests from data subjects seeking to exercise their rights, and in complying with the Client's obligations as to the security of processing, the notification of breaches and data protection impact assessments (Art. 32 to 36 GDPR).

12.11 Personal data breaches. The Service Provider notifies the Client without undue delay, and in any event within seventy-two hours of becoming aware of a personal data breach affecting end-user personal data, providing the information the Client needs in order to meet its own notification obligations.

12.12 Return and deletion. At the end of the subscription the Service Provider, at the Client's choice, returns or exports the end-user personal data to the Client and deletes the existing copies, within ninety days, save where retention is required by law. Article 8.7 applies to the Service Provider's own records concerning the Client.

12.13 Information and audit. The Service Provider makes available to the Client the information needed to demonstrate compliance with this Article 12, and allows audits, including inspections, carried out by the Client or by an auditor mandated by the Client, at reasonable intervals, on thirty days' notice, at the Client's expense, and in a manner that does not compromise the security or the confidentiality of other clients' data.

12.14 The Client's own responsibilities. As controller, the Client is responsible for the lawfulness of the data collected through its website, for its own privacy policy and cookie information, for the legal basis of its processing operations, and for responding to its data subjects. The Service Provider is not responsible for the content of the Client's data protection documentation.

Article 13, Confidentiality

Both parties agree to keep confidential all information exchanged in connection with this project and not to disclose it to any third party without prior agreement.

Article 14, Liability

The Service Provider is bound by an obligation of means and not of results. The Service Provider shall not be held liable for:
- Unlawful content provided by the Client
- Issues related to the Client's hosting or domain name
- Modifications made by the Client after delivery
- Data loss not attributable to the Service Provider

Article 15, Termination of the Creation Contract

If the Client terminates the agreement after work has begun, the Service Provider is entitled to invoice for work already completed on a pro-rata basis, plus a cancellation fee of 20% of the total contract amount.

If the Service Provider terminates the agreement for legitimate reasons, the Client will be reimbursed for any deposits paid, minus the value of work already completed.

Article 16, Force Majeure

Neither party shall be held liable for failure to fulfil their obligations in the event of force majeure (serious illness, natural disaster, etc.), provided the other party is informed as soon as possible.

Article 17, Governing Law and Jurisdiction

This agreement is governed by Swiss law. In the event of a dispute, both parties agree to seek an amicable resolution. Failing that, the competent courts shall be those at the Service Provider's place of residence (Kreuzlingen, TG).

Article 18, Acceptance

By signing or checking the acceptance box during the online order process, the Client declares having read, understood, and accepted all of these terms and conditions.

Signed in Kreuzlingen, on the date the order is accepted

The Service Provider: Juliette Grieneisen
The Client: the Client named on the order

Terms and conditions version: 2.0

This agreement has been drafted in accordance with Swiss contract law (CO). For any project exceeding CHF 5,000, legal advice is recommended.