General Terms and Conditions for Internet Orders

1. Conclusion of Contract

A contract with BAMAT Swiss Marketing Ltd. (“BAMAT”) is only concluded upon explicit acceptance by BAMAT.
Such acceptance is typically provided via electronic confirmation (e.g. email).

The customer is obliged to review BAMAT’s order confirmation without undue delay for:

• clerical errors
• calculation errors
• discrepancies between order and confirmation

Any deviations must be notified immediately.
Failing such notification, the confirmation shall be deemed accepted and binding.
Any resulting costs (including reversal or correction efforts) may be charged to the customer.

2. Complaints and Returns (if applicable)

If deliverables are defective or materially deviate from the agreed specification, the customer shall notify BAMAT without delay.

Where a complaint is justified:

• BAMAT shall remedy the defect or provide replacement at its discretion
• return costs shall be borne by BAMAT

If the customer could have identified the issue prior to delivery and failed to notify BAMAT, the customer bears the return costs.

3. Domain Services

BAMAT may provide services related to:

• domain registration
• domain transfer
• domain administration

By using such services, the customer accepts any applicable additional domain-specific terms.

The customer expressly agrees that BAMAT may commence execution immediately.

Domain registration is subject to availability at the respective registry.
If a domain cannot be registered, BAMAT is released from its obligation to perform.

Important:
Hosting and other services are independent of domain registration.

4. Hosting and Infrastructure Services

4.1 General

BAMAT provides hosting services either:

• on infrastructure operated by BAMAT (primarily located in Switzerland), or
• on infrastructure provided by the customer or third-party providers

The applicable setup shall be defined per project.

4.2 Fair Use Policy

All services are based on average usage assumptions (“Fair Use”).

Allocated resources (including but not limited to storage, bandwidth, CPU, RAM) may only be used for the proper operation of the customer’s website.

In case of excessive or disproportionate usage, BAMAT reserves the right to:

• define usage limits
• throttle performance
• restrict or suspend services

This applies in particular to:

• streaming (audio/video)
• large-scale file hosting
• high-frequency database access
• excessive concurrent traffic
• abnormal server load

4.3 Service Availability

BAMAT targets 99% annual average availability for physical infrastructure.

Excluded are downtimes caused by:

• force majeure
• third-party failures (e.g. upstream providers)
• internet backbone issues
• cyber incidents outside BAMAT’s control

Planned maintenance may lead to temporary interruptions.
Where possible, BAMAT will inform the customer in advance.

No guaranteed availability applies to:

• virtual servers
• third-party integrations
• customer-managed environments

4.4 Security and Suspension Rights

BAMAT may temporarily restrict or suspend access if required to:

• maintain network integrity
• prevent security risks
• mitigate attacks (e.g. DDoS)
• protect infrastructure or data

The customer will be informed as soon as reasonably possible.

5. Website Development Services

5.1 Scope

BAMAT may provide services including:

• website development (e.g. WordPress, Elementor, custom setups)
• design and UX
• content structuring
• deployment and hosting integration

5.2 Acceptance and Delivery

Deliverables are deemed accepted if:

• the customer confirms acceptance, or
• no material objections are raised within 7 business days after delivery

Minor deviations do not constitute grounds for refusal.

5.3 Third-Party Software

Websites may include third-party components such as:

• WordPress
• plugins
• themes
• external APIs

By using such components, the customer accepts the respective:

• license terms
• usage conditions
• third-party risks

BAMAT assumes no liability for:

• vulnerabilities in third-party software
• updates or compatibility issues
• discontinuation of services

5.4 Hosting Location and Responsibility

Websites may be hosted:

• on BAMAT servers (Switzerland), or
• on customer infrastructure

If hosted externally:

• BAMAT is not responsible for availability, security, or performance
• the customer bears responsibility for hosting configuration and compliance

5.5 Data Backup Responsibility

Unless explicitly agreed otherwise:

• the customer is solely responsible for backups
• BAMAT does not guarantee data recovery

BAMAT may provide backup solutions as an additional service.

6. Limitation of Liability

To the extent permitted by law, BAMAT’s liability is limited to:

• gross negligence
• willful misconduct

BAMAT shall not be liable for:

• indirect damages
• loss of profits
• loss of data
• business interruption
• third-party failures

Total liability is limited to the value of the respective contract.

7. Response Times and Support

Any indicated response times are:

• non-binding
• indicative only

Binding service levels require:

• explicit contractual agreement
• separate confirmation

8. Final Provisions

• Swiss law shall apply
• Place of jurisdiction: [to be defined – e.g. Luzern or Nidwalden]
• Should individual provisions be invalid, the remaining provisions remain unaffected