General Terms & Conditions (GTC)

1. Scope of Application
These General Terms and Conditions (GTC) apply to all services, including but not limited to hourly web development, fixed-price packages, maintenance, software engineering, and consulting, provided by Aleksandra Hola (hereinafter “the Developer”). By commissioning a project, accepting an offer, or paying an upfront deposit/invoice, the Client acknowledges and agrees to these terms.

2. Quotation and Contract Formation
Assessment: Project estimates are based on an initial audit and requirements provided by the Client. Estimates are valid for 30 days.
Formation: A binding contract is formed when the Client confirms the offer in writing (email is sufficient) and the Developer receives the required initial payment.
Variable Scope (Hourly): As the Developer works on an hourly basis, estimates are professional guidelines. If it becomes apparent that the work will require more hours than estimated, the Developer will communicate this to the Client promptly for approval before proceeding.
Fixed-Price Projects / Packages: For clearly defined scopes or service packages, a fixed price may be agreed upon. These are payable 100% upfront unless a custom milestone plan is agreed upon in writing.

3. Payment Terms and Default
Invoicing of Hourly Projects:
– Upfront: 30–50% of the project total is due before work commences.
– Interim: For long-term projects, the Developer invoices bi-weekly for hours worked.
– Final: The remaining balance is due upon project completion, prior to live deployment.
Invoicing of Annual Maintenance: Recurring maintenance is billed at a fixed annual price, payable 100% in advance. The service period begins upon receipt of payment.
Due Date: All invoices are payable within 14 days from the invoice date without any deductions.
Late Payment: If an invoice is not paid by the due date, the Client is automatically in default. The Developer is entitled to 5% statutory default interest per annum.
Pause of Service: In the event of late payment, the Developer reserves the right to cease all current work (including maintenance services) immediately until full payment is received. The Developer is not liable for any delays or damages resulting from such a pause.

4. Third-Party Costs and Licenses
Direct Contracts: The Client is the sole contractual partner for third-party services (e.g., web hosting, domain registration, SSL certificates).
Software Licenses: The cost of premium plugins, themes, or software licenses (e.g., WP Rocket, ACF) is to be borne by the Client. The Developer will assist in the setup, but the licenses must be registered in the Client’s name to ensure ownership continuity.

5. Intellectual Property and Rights Transfer
Retention of Title: All source code, designs, and work results remain the exclusive property of the Developer until all invoices related to the project (and any active maintenance balances) are paid in full.
Deployment: Migration of the project to the Client’s live server environment (“Deployment”) will only occur after the final project payment has been confirmed.
Transfer of Usage Rights: Upon full payment, the Client is granted a non-exclusive, perpetual right to use the work for the intended purpose. The Developer retains the right to use the work for portfolio and promotional purposes.

6. Acceptance and Warranty (Bugs)
Staging Review: The Developer will provide a staging/test environment for the Client. The Client has 14 days to test the work. If no written notice of defects is provided within this period, the work is deemed legally accepted.
Bug Warranty: For critical functional defects (bugs) reported within 30 days of live deployment, the Developer will provide one-time rectification free of charge.
Maintenance: Any requests made after the 30-day warranty period, or cosmetic/functional changes requested after the 14-day staging review, are considered “Maintenance.” These are billed at the standard hourly rate or covered under an active Maintenance Plan.

7. Cooperation, Duration and Withdrawal
Client Duties: The Client must provide all necessary content, access credentials, and feedback in a timely manner.
Maintenance Duration: Annual Maintenance agreements are valid for 12 months and do not renew automatically.
Right of Withdrawal: If the Client fails to cooperate or declines payment for work previously approved, the Developer reserves the right to withdraw from the contract with immediate effect. All work performed up to the date of withdrawal remains billable.

8. Liability
The Developer is liable only for damages caused by intent or gross negligence. Liability for slight negligence, indirect damages, or loss of profit is excluded to the extent permitted by Swiss law. The Developer is not liable for issues caused by third-party hosting or software updates.

9. Jurisdiction and Applicable Law
These GTC and all contracts based on them are governed by Swiss Law (specifically the Code of Obligations).
The exclusive place of jurisdiction for all disputes is the Developer’s place of residence Zürich, Switzerland.