General
Hyperpage terms and conditions

Hyperpage Is a product of the sole proprietorship MANI AGENCIES.

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1. Agreement and services

A. Agreement.

AGENCIES MANI undertakes to provide the services (“services”) in accordance with the offer (“offer”) to the customer named in the offer. This document describes the general terms and conditions (“GTC”) for the services and, together with the offer, forms the agreement (“agreement”). The terms and conditions also apply to all services agreed earlier or later that AGENTUREN MANI provides to the customer, unless another version of the terms and conditions has been or is agreed for those services. In the event of contradictions between the offer and the terms and conditions, the terms of the offer take precedence. The customer's general terms and conditions do not apply, even if AGENTUREN MANI has been notified of them. The agreement comes into force with tacit or express approval of the offer by the customer. If the offer has not yet been approved after fifteen days, AGENTUREN MANI is no longer bound by it.

B. Multiple service providers.

In principle, the customer is free to hire other service providers in addition to AGENTUREN MANI to provide the same or similar services. Where a parallel activity of several service providers can have a negative effect on the result (e.g. in search engine optimization or Google Ads campaigns), he refrains from hiring several service providers or accepts the resulting negative consequences, such as additional costs and reduced effectiveness of the services.

C. Subcontractors.

AGENCIES MANI may call in subcontractors to provide its services while maintaining confidentiality. To avoid misunderstandings: Although AGENTUREN MANI only works with third parties, such as Google, Meta, Webflow, LinkedIn, Klaviyo or Mailchimp as part of its services (“Supported Third Parties”), these are not subcontractors of AGENCIES MANI. AGENCIES MANI only supports its customers in using the tools offered by supported third-party providers in this area.

D. Warranty.

AGENCIES MANI provides its services conscientiously and according to industry practice. All further warranties are expressly excluded. In particular, AGENTUREN MANI cannot guarantee that measures taken with supported third parties will have the desired effects, such as a better ranking in search engines.

2. Customer obligations

A. Compensation.

The customer undertakes to pay AGENTUREN MANI the remuneration agreed in the offer (“Remuneration”) for their services. If additional services are called up than originally offered, these will be invoiced at an hourly rate of CHF 190.—, unless higher compensation has been agreed in individual cases. If there is a deviation of more than 10% from the offer, AGENTUREN MANI will consult the customer before issuing the invoice.

B. Third party costs.

The customer undertakes to immediately pay all costs incurred for third-party services (“third-party costs”), such as advertising expenses with supported third-party providers, and holds AGENTUREN MANI harmless in full for all damage that it suffers as a result of failure to pay third-party costs. AGENTUREN MANI reserves the right to forward invoices for third-party costs directly to the customer for payment.

C. Invoicing, Payment, Taxes.

Invoicing takes place when the agreement comes into force and for recurring services at the start of each new service period. Third party costs are always billed in advance. Unless otherwise agreed in the offer, the provision of services only begins after payment of all outstanding invoices. Invoices are payable in full within 10 days from the date of the invoice.

If no payment is made, AGENTUREN MANI will send the customer a payment reminder with a payment period of 7 days and is entitled to discontinue its services without further notice. AGENTUREN MANI assumes no liability for any damage suffered by the customer as a result.

From the day following expiry of the payment period, the customer is automatically in default and owes default interest of 5% per year on the outstanding amount.

If AGENCIES MANI pre-finances hosting fees or advertising costs on behalf of the customer and passes these on to the customer, the corresponding invoices must be paid within the agreed payment period. If payment is not made on time, AGENTUREN MANI reserves the right to temporarily discontinue the affected hosting or advertising services.

Such a pause may result in the customer's website no longer being accessible and interrupting ongoing advertising campaigns. In this case, AGENCIES MANI assumes no liability for any resulting damage or loss of income.

The customer is not entitled to offset outstanding invoice amounts against other receivables. All prices listed are in CHF plus statutory value added tax, unless otherwise stated.

D. Other customer obligations.

The customer undertakes to immediately carry out necessary cooperation, such as providing images or texts or confirming formulation or design suggestions. When AGENTUREN MANI delivers a product to the customer for inspection, the customer will immediately check it and report any defects in writing within 5 days at the latest. Without such notification, the delivered product is considered accepted. If the customer does not comply with its obligations in accordance with this Section 2D, AGENTUREN MANI may suspend its service until the action has been carried out and the customer shall bear the additional costs arising from the delay. If the action consists of consent, this is accepted unless AGENTUREN MANI has received an objection after a written period (e-mail is sufficient) of 5 days.

3. Duration and termination

A. Duration.

The term of the agreement begins when it comes into force and lasts until the services listed in the offer have been completed or — in the case of recurring services — until the end of the specified service period. Unless, in the case of recurring services, the agreement is terminated as provided for in Section 3B, the term of this service is automatically extended by a further service period of the same length.

B. Termination.

An order to create a specific product can no longer be canceled after it has been placed. In the case of recurring services, both parties can cancel the agreement at any time at the end of a month (by email, letter or telephone). The customer must pay all fees and third-party costs accrued up to the date of termination. There is no right to a refund of payments already made.

4. Confidentiality and data protection

A. Confidential Information.

Each party shall treat any non-public information provided by the other party that is identified as confidential at the time of disclosure or is reasonably considered confidential (“Confidential Information”) confidential and (i) protects the other party's confidential information from unauthorized disclosure with at least the same care with which it protects its own confidential information but with no less than due care, (ii) may Do not disclose the other party's information without the other party's prior written consent, unless required by law; provided, however, that AGENTUREN MANI may disclose confidential information of the customer as necessary to the extent necessary to provide the service, and (iii) use the other party's confidential information exclusively in connection with the services provided under this contract.

B. Data Protection and UWG.

Each party undertakes to comply with applicable data protection laws and to take appropriate technical and organizational measures to ensure that any personal data exchanged is adequately protected. Insofar as AGENTUREN MANI processes personal data on behalf of the customer, it will only process it as the customer himself is allowed to do. The customer will only instruct AGENTUREN MANI to carry out such processing that is in accordance with applicable laws, in particular the Data Protection Act and the Federal Act on Unfair Competition, and for which he has taken all necessary actions, such as obtaining consent from end customers. If he breaches his duties under this Section 4B, he shall indemnify AGENTUREN MANI in full for all damage (including costs for legal representation) that it may incur as a result.

C. Duties upon termination.

The obligations of the parties under this Section 4 remain valid for 5 years beyond the end of the agreement.

5. Intellectual property law

A. AGENCIES MANI

intellectual property rights. AGENTUREN MANI reserves in full all intellectual property rights to which it is entitled, in particular all copyrights as well as the rights to the products, its know-how and any documents made available to the customer, such as training or advertising material. Subject to an express provision in the offer, it does not grant the customer any right to use the intellectual property rights to which it is entitled without express prior written consent.

B. Customer intellectual property rights.

Insofar as AGENTUREN MANI has developed content specifically for a customer as part of its service provision, it transfers the associated intellectual property rights to that customer subject to full payment of all invoices issued.

C. Intellectual property rights of third parties.

The customer guarantees and warrants that he will only provide AGENTUREN MANI for further processing with the intellectual property rights of which he either owns exclusively or is entitled to transfer them for processing in accordance with this agreement. If this obligation is breached, he will fully indemnify AGENTUREN MANI for all damage (including costs for legal representation) that it may incur as a result.

6. Liability

AGENTUREN MANI is liable for direct damage resulting from intentional or grossly negligent breach of its obligations under this agreement. In all other cases, their liability is excluded, in particular for subsequent or indirect damage, such as lost profit or futile expenses. AGENTUREN MANI is primarily not liable for damage that occurs because the customer does not comply with the recommendations of AGENTUREN MANI and damage caused by third parties, in particular supported third-party providers.

7. Final provisions

A. Complete agreement, written form.

This agreement is the entire agreement of the parties regarding its subject matter, supersedes all previous and contemporaneous agreements and agreements relating to this subject matter, and can only be amended, amended or supplemented in writing and duly signed by both parties.

B. Amendment to the terms and conditions.

AGENTUREN MANI reserves the right to amend its terms and conditions at any time. The new version becomes binding on the customer within 30 days of publication on the website, unless he rejects this in writing within this period, and the previous version will then remain in force for him.

C. Salvatory clause.

If any provision of the Agreement is held invalid, unenforceable, or void, this shall not affect the validity of the remaining provisions of the Agreement. The parties agree that the respective provision will be replaced by a valid, legally effective and enforceable provision that comes closest to the intended and economically intended purpose of the original provision by the parties.

D. Applicable Law, Jurisdiction.

This agreement is subject to substantive Swiss law. The exclusive place of jurisdiction is Cham.