Legal

Terms of Service

Web development services — ark.swiss Sàrl

1. Company Overview

ark.swiss Sàrl is a limited liability company incorporated under Swiss law and registered in the Commercial Register of the Canton of Vaud. Registered office: St-Légier-La Chiésaz, Vaud, Switzerland. Business ID: CHE-139.880.181. Share capital: CHF 20,000.

The company provides custom web development services, web application development and SaaS software, primarily for businesses and independent professionals in French-speaking Switzerland.

2. Acceptance of Terms

Using the ark.swiss website or entering into a service agreement with ark.swiss Sàrl constitutes unreserved acceptance of these Terms of Service. If you do not accept these terms, please do not use our services.

ark.swiss Sàrl reserves the right to modify these Terms of Service at any time. Changes take effect upon publication on this page. The date of the last update is shown at the top of this page.

3. Web Services

ark.swiss Sàrl delivers custom web projects based on a detailed quote and a service agreement defining the scope, deliverables, timeline and total price.

  • Intellectual property in the deliverables (source code, design, content) is fully transferred to the client upon receipt of full payment of the final invoice.
  • ark.swiss Sàrl retains the right to reference the project as a case study in its communications and on its website.
  • Third-party components included in the project (licenses, typefaces, photographs) remain subject to their respective licenses.

4. Pricing and Invoicing

  • Deposit: 30 to 50% of the total amount is due upon signing the agreement.
  • Balance: payable upon final delivery or according to the contractual milestones defined.
  • Payment period: 30 days from the invoice date.
  • Late payment interest: 5% per annum from the due date, in accordance with Art. 104 CO.

All amounts are in CHF, excluding VAT. Swiss VAT is charged at the applicable legal rate at the time of invoicing.

5. Changes and Cancellation

Any change request outside the contractual scope requires prior written agreement and will be billed on a time-and-materials basis at CHF 150.– excl. VAT/hour.

In the event of cancellation by the client after work has begun, the work already completed will be invoiced in full at the hourly rate. The deposit paid remains with ark.swiss Sàrl as compensation.

6. Warranty and Liability

ark.swiss Sàrl warrants the correction of defects affecting the contractually defined features for a period of 30 days following accepted delivery. This warranty does not cover changes, updates or interventions made by the client or a third party after delivery.

ark.swiss Sàrl's liability is in all cases limited to the total amount invoiced for the project in question. The company disclaims all liability for indirect damages, loss of profits, loss of data or business interruption.

7. Hosting and Infrastructure

Unless otherwise expressly agreed in the contract, web projects are hosted with Infomaniak Network SA (Geneva, Switzerland), a Swiss host certified B Corp and ISO 27001. All data remains on servers physically located in Switzerland.

Services comply with the Swiss Federal Act on Data Protection (nFADP) and are compatible with the European Union's General Data Protection Regulation (GDPR).

8. Governing Law and Jurisdiction

These Terms of Service are governed exclusively by Swiss law, including the Code of Obligations (CO) and the Federal Act on Data Protection (nFADP).

In the event of a dispute arising from the interpretation or performance of these Terms, the exclusive place of jurisdiction is Vevey (Vaud), Switzerland. The parties agree to seek an amicable resolution before initiating legal proceedings.

SaaS Products

9. SaaS Terms of Service

Each ark.swiss SaaS product has its own detailed terms of service. Please refer directly to the terms of the product you are using.

10. Contact

For any questions regarding these Terms of Service:

  • Email: [email protected]
  • Company: ark.swiss Sàrl, St-Légier-La Chiésaz, Vaud, Switzerland
  • Website: https://ark.swiss