[ Legal · Terms ]
As of: May 2026
[ Note · binding version ]
This English translation is provided for convenience only. The legally binding version of these Terms and Conditions is the German version, available at heldwerk.ch/agb. In case of any discrepancy, the German version prevails.
These terms and conditions apply to services provided by:
Heldwerk
Owner: Christian Held
Legal form: Sole proprietorship
Alpenblickstrasse 40b
8340 Hinwil
Switzerland
Email: christian@heldwerk.ch
Phone: +41 76 297 33 89
Hereinafter referred to as "Heldwerk".
These terms apply to all offers, quotes, contracts, services, products, and other deliverables of Heldwerk to clients, unless otherwise agreed in writing.
Heldwerk provides services in particular in the following areas:
Deviating terms of the client apply only if Heldwerk expressly agrees to them in writing.
A contract is formed when:
Emails, digital signatures, confirmed online offers, written confirmations, and clear chat or message confirmations count as written or electronic consent.
The current version of these terms is available at heldwerk.ch/agb. Heldwerk may additionally refer the client to these terms in offers, order confirmations, or invoices.
In case of conflict, the following order applies:
Individual agreements take precedence over these terms.
The concrete scope of services results from the respective offer, order confirmation, scope description, or selected package.
Services not expressly agreed are not owed. This includes in particular:
Heldwerk may choose technical solutions, tools, frameworks, hosting models, and third-party providers at its professional discretion, unless a specific solution has been bindingly agreed.
Heldwerk offers are valid for 30 days unless otherwise stated.
All prices are in Swiss Francs (CHF). VAT is only itemized and charged if Heldwerk is or becomes subject to mandatory VAT registration.
Third-party costs such as hosting, domains, font licenses, plugins, stock material, API fees, AI usage, email services, payment providers, external software, or other external services are only included if listed in the offer.
Heldwerk may pass on necessary third-party costs to the client after prior information.
Unless otherwise agreed, the following payment terms apply:
Invoices are payable within 10 days of invoice date without deduction, unless a different payment term is specified on the invoice.
In case of payment default, Heldwerk may:
The client remains liable for payment of amounts already owed even during a block.
The client provides Heldwerk in a timely manner with all information, content, data, access, decisions, and approvals necessary for service delivery.
Depending on the project, this includes in particular:
If a project is delayed due to missing cooperation, deadlines are extended appropriately. Additional effort may be billed at the agreed hourly rate or, if no rate was agreed, at CHF 180 per hour.
The client is responsible that content, data, and materials provided may be legally used.
This concerns in particular:
Heldwerk checks content only for technical, linguistic, or design plausibility, not for final legal admissibility. Legal review by a professional remains the client's responsibility.
The client indemnifies Heldwerk from third-party claims arising from unlawful, faulty, or improperly provided content.
For projects with concept, design, development, or implementation phases, Heldwerk provides interim results for client review.
Feedback must be clear, consolidated, and within the agreed or reasonable deadline. Contradictory, late, or repeatedly changed feedback may lead to additional effort and schedule shifts.
Services are considered approved when:
Minor errors or optimizations that don't materially impair production use do not justify refusal of full acceptance.
Changes or extensions after offer acceptance are possible if Heldwerk can implement them professionally and within schedule.
Additional effort arises in particular with:
Heldwerk informs the client in advance about relevant extra costs where possible. For minor extra work up to CHF 300, Heldwerk may bill without separate approval if the extra work is necessary for sensible project completion.
Deadlines and dates are only binding when expressly designated in writing as binding.
Deadlines are extended appropriately when:
Heldwerk is not liable for delays caused by missing cooperation, third parties, or circumstances outside its control.
Heldwerk creates websites and web applications per the agreed scope.
A website or web application is considered complete when it fulfills the agreed core functions and has no material defects preventing production use.
Without express agreement, the following are not owed:
Heldwerk ensures clean technical implementation, performance, mobile usability, and an appropriate base structure for search engines and AI systems, insofar as this is part of the project.
Heldwerk may provide services in search engine optimization, local visibility, technical SEO, content structure, structured data, and optimization for AI search and answer systems.
The client acknowledges that rankings, visibility, AI citations, traffic, leads, revenue gains, and similar results depend on many factors, particularly competition, market, existing content, domain history, search and AI systems, user behavior, and ongoing maintenance.
Heldwerk owes diligent professional work, but no specific ranking position, no specific number of leads, no inclusion in AI answers, and no commercial success.
Heldwerk provides AI consulting, audits, workshops, training, and implementation services to the best of its knowledge with a practice-oriented approach.
The client remains responsible for:
Heldwerk gives no guarantee that AI systems will always respond error-free, completely, non-discriminatorily, currently, or legally correctly.
AI results must be reviewed by professionally responsible persons before use towards customers, patients, clients, authorities, or third parties.
HeldChat and comparable chatbot solutions serve to provide general information, answer routine questions, pre-structure inquiries, and forward customers to suitable contact channels.
HeldChat does not replace personal consulting or any medical, legal, tax, financial, or other professional case-specific advice.
The client is responsible for:
Heldwerk uses technical safeguards against incorrect, inappropriate, or unsupported answers. However, complete prevention of erroneous answers cannot be guaranteed.
Heldwerk may restrict, pause, or adjust chatbot services if required for security, maintenance, data protection, abuse prevention, or stability reasons.
Maintenance, support, and mandate agreements apply in the agreed scope.
Unless otherwise agreed, mandates only cover services within the agreed time or scope.
Unused hours or services expire at the end of the respective billing period, unless transfer is expressly agreed.
Response times are not guaranteed resolution times, unless a service-level agreement is expressly agreed.
Support takes place during normal business hours on working days in the canton of Zürich, unless otherwise agreed.
Heldwerk may deploy or recommend third parties, particularly for:
For third parties, their own contract, usage, data protection, and pricing terms apply.
Heldwerk is not liable for outages, price changes, function changes, data losses, blocks, security incidents, or terms of third parties, insofar as Heldwerk is not itself at fault.
The client is obliged to use third-party accounts, licenses, and credentials lawfully and to pay required fees.
Hosting and operation are only owed if expressly agreed.
If hosting is agreed, Heldwerk may use its own infrastructure or suitable third-party providers. Data locations, security measures, and sub-processors result from the respective offer, scope description, privacy policy, or data processing agreement.
Heldwerk pays attention to appropriate security and data protection compliance when selecting hosting and cloud solutions. Exclusive data processing in Switzerland is only owed if expressly agreed in writing.
Maintenance windows, security updates, technical adjustments, or short-term interruptions may be necessary. Heldwerk strives to keep interruptions as short as possible.
Domains, hosting accounts, CMS accounts, email accounts, analytics accounts, and other access should where possible be registered in the client's name.
If accounts are temporarily managed by Heldwerk, this is done in a fiduciary capacity within the scope of the order.
The client is co-responsible for secure passwords, two-factor authentication, and management of own access.
After full payment and project completion, Heldwerk hands over project-related credentials, insofar as technically possible, legally permitted, and contractually provided.
After full payment, the client receives the agreed usage rights to the work results individually created for them.
This includes in particular individually created website structures, texts, designs, configurations, and project-specific code, insofar as these were created by Heldwerk and no third-party rights conflict.
Heldwerk retains rights to:
Open-source components, third-party software, fonts, images, plugins, and other external materials are subject to their respective license terms.
Transfer, reuse, modification, or commercial use outside the agreed purpose is only permitted insofar as corresponding rights have been granted.
Heldwerk may name completed projects as references and use name, logo, screenshots, short description, and link, unless the client objects in writing or legitimate confidentiality interests stand in the way.
Confidential information, internal systems, credentials, non-public KPIs, or sensitive content are not published without consent.
Heldwerk and the client treat confidential information of the other party as confidential.
Confidential information is in particular trade secrets, credentials, internal documents, customer data, technical information, unpublished concepts, prices, strategies, and personal data.
The confidentiality obligation also applies after contract end.
Confidential information does not include information that is already publicly known, lawfully received from third parties, or independently developed.
Heldwerk processes personal data within the applicable data protection laws, particularly the Swiss Data Protection Act (DSG) and, where applicable, the EU General Data Protection Regulation (GDPR).
Details on data processing by Heldwerk result from the privacy policy at heldwerk.ch/en/datenschutz.
The client remains responsible for the lawfulness of personal data they provide.
This applies in particular to:
Heldwerk takes appropriate technical and organizational measures to protect processed data.
Insofar as Heldwerk processes personal data on behalf of the client, the parties act as controller and processor within the meaning of applicable data protection law.
In such cases, a separate data processing agreement may be concluded. Such an agreement may also form part of the offer, contract, or data protection annex.
Heldwerk processes order-related personal data only within the agreed purpose and the documented instructions of the client, unless a legal obligation conflicts.
Heldwerk may use suitable sub-processors if necessary for service delivery and if appropriate data protection and security measures are in place.
The client is responsible that no legal, contractual, or professional confidentiality obligations conflict with data processing.
Heldwerk uses appropriate technical and organizational measures to protect data against unauthorized access, loss, misuse, or alteration.
Depending on the project, these may include:
Absolute security cannot, however, be guaranteed. The client is obliged to also adequately protect own systems, credentials, and internal processes.
The client checks delivered services without delay after provision.
Defects must be reported to Heldwerk in writing within 10 working days, in a comprehensible manner.
A defect exists if the service materially deviates from the agreed scope.
No defect exists in particular with:
Heldwerk has the right to remedy legitimate defects by its choice or provide an appropriate replacement solution.
Heldwerk performs services diligently and professionally.
For individually developed websites, applications, or functions, Heldwerk warrants material defects for 30 days after acceptance, unless another period is agreed.
For maintenance, support, consulting, SEO, GEO, AI, workshop, and mandate services, Heldwerk owes diligent activity but no specific success.
Warranty is excluded for defects caused by:
Heldwerk is liable for direct damages caused by intentional or grossly negligent behavior of Heldwerk.
To the extent legally permissible, liability for slight negligence, indirect damages, consequential damages, lost profits, data loss, reputation damages, revenue losses, business interruptions, lost leads, ranking losses, or third-party claims is excluded.
To the extent legally permissible, Heldwerk's total liability is limited to the amount paid by the client for the affected service in the three months prior to the damage event; for one-off projects at most to the paid project price.
Mandatory statutory liability remains reserved.
The client is co-responsible for regular own backups, internal controls, legal reviews, and organizational protective measures.
Heldwerk provides technical, design, organizational, and strategic services.
Heldwerk does not provide legal, tax, medical, financial, or other profession-specific advice, unless expressly agreed and legally permitted.
Texts, structures, data protection or compliance notices, AI guidelines, terms drafts, process documentation, or website content created by Heldwerk are working aids and must be reviewed by qualified professionals where needed.
One-off projects can only be terminated for cause after order placement. Services already performed, reserved capacities, third-party costs, and work in progress must be compensated.
Recurring mandates, maintenance contracts, and subscriptions can, unless otherwise agreed, be terminated with 30 days' notice to the end of a month.
In case of serious breach of contract, payment default, abusive use, security risks, or unlawful content, Heldwerk may immediately block services or terminate the contract for cause.
After contract end, Heldwerk provides the client on request with the agreed and paid project data in a common format, insofar as technically possible, legally permitted, and contractually provided.
Not handed over: internal working files, calculations, reusable templates, unpaid drafts, internal automation, internal prompts, trade secrets, or general know-how of Heldwerk.
Third-party access, domains, hosting accounts, and licenses are, where possible, transferred or left to the client's own management, provided all open invoices are paid.
Heldwerk is not obliged to retain data indefinitely after contract end.
Heldwerk may temporarily block services, access, chatbots, websites, or interfaces if:
Heldwerk informs the client about the block and its reason where possible.
Heldwerk is not liable for delays or service failures due to force majeure or events outside reasonable control.
These include in particular:
Deadlines are extended accordingly.
Heldwerk may adjust these terms if material reasons exist, particularly in case of changes to the offering, technical implementation, legal situation, or used third parties.
For existing contracts, the version included at contract signing generally applies, unless a new version is agreed.
For ongoing subscriptions, mandates, or maintenance contracts, Heldwerk may communicate changed terms with reasonable notice. If the client doesn't object within 30 days, the changes count as accepted. In case of material disadvantages, the client may terminate the affected contract effective when the change takes effect.
Should any provision of these terms be or become wholly or partially ineffective, the effectiveness of the remaining provisions remains unaffected.
The ineffective provision is replaced by an effective provision that comes as close as possible to the economic purpose of the ineffective provision.
Swiss substantive law applies, excluding conflict-of-laws provisions.
Place of jurisdiction is, to the extent legally permissible, Hinwil or the competent court in the canton of Zürich.
Mandatory statutory places of jurisdiction, particularly for consumers, remain reserved.
The German version of these terms is authoritative. Translations serve only for understanding.