Preamble and scope
Throughout this document, backtik Sàrl will often be referred to, for convenience, as "backtik", and any company entering into a contractual relationship by requesting services from backtik Sàrl by signing a contract backtik Sàrl will be referred to as "the Client".
These general terms and conditions of sale (GTC) govern all commercial transactions carried out by backtik Sàrl and the contractual relationships between backtik and any Client who uses our website or our services.
The use of the Services is subject to these general terms and conditions of sale and use (hereinafter, "the Terms and Conditions"), which the Client accepts without reservation.
Article 1 — Quotation and acceptance of the General Terms and Conditions
Before any service is provided, backtik prepares a quote specifying the work to be carried out, its nature, and its purpose. If the quote is accepted, it is signed and dated by the Client and then returned to backtik before the project begins. Each quote issued by backtik is valid for one month from its date of creation.
As soon as a company signs a quote issued by backtik, it becomes a client of backtik and accepts these general terms and conditions of sale without restriction or reservation. These general terms and conditions define the contractual conditions applicable to the services that backtik offers to its clients.
Article 2 — Conclusion of the contract and termination
The contract is deemed concluded on the date of acceptance by the client of the commercial proposal presented by backtik. The Client will be bound by the terms of the commercial proposal and these General Terms and Conditions.
Either party may terminate the contract with 30 days' notice. In the event of termination, the client is obligated to pay for all services provided up to the date of termination.
Article 3 — Collaboration
Backtik operates with a focus on supporting its clients, and all its actions aim to provide the necessary resources to fulfill its missions for them. Backtik is only bound by an obligation of means, not a promise of results.
Backtik undertakes to provide the Client with one or more points of contact to successfully complete the project as defined by one or more quotes. Similarly, backtik undertakes to keep the Client informed of the project's progress.
Article 4 — Modifications and corrections to the work of a project
The client may request corrections or modifications to any deliverable provided by backtik according to the terms defined in the quote signed by the client. An "unlimited" number of revisions corresponds to a maximum of 10 rounds of feedback between backtik and the client. Any further corrections or modifications will result in a supplementary quote.
Article 5 — Customer Commitments
The Client agrees to provide backtik with all the information necessary for the proper execution of the project, including information necessary for the creation of a website, an online or offline advertising campaign, computer development, or the creation of graphic or textual content.
The Client must not jeopardize the smooth progress of the project through any behavior contrary to full and complete collaboration. In particular, the Client agrees to understand the technical problems that may arise from features or information not clearly specified in writing at the start of the project.
Article 6 — Project Acceptance and Guarantee
When the project is delivered by backtik, it is the client's responsibility to verify that the deliverables correspond to the initially signed contract. If any discrepancies are found, backtik will make the necessary modifications. This will trigger payment by the client of any outstanding amounts and means that backtik will be released from any obligation to work on the project after this date, unless a new quote is issued.
Article 7 — Financial conditions and payment terms
Any sum owed by the Client in respect of any invoice for services must be paid.
By default, a 25% deposit is required upon signing the contract, a 25% interim payment is due at the project's midpoint (defined according to the final planned production launch date), and the remaining 50% is due upon production launch. These payment terms can be adjusted and customized according to the specifications detailed in the individual project contract.
Payment is due within 30 days of the invoice date, unless otherwise agreed. All prices are net and do not include Swiss VAT.
Prices may be changed at any time by backtik, changes not affecting contracts already concluded.
The scope of services provided and the corresponding fees are defined in the backtik service description. If no amount is specified for a service, backtik's current rates at the time the contract is concluded will apply. The Client is liable for damages resulting from work having to be repeated or delayed due to incorrect, subsequently corrected, or incomplete information provided by the Client, provided that the Client is responsible for such damages. Backtik reserves the right to use subcontractors to provide the contracted services. The Client may only refuse such a subcontractor for a legitimate reason.
Article 8 — Delivery of services
Backtik undertakes to provide the services within the timeframes indicated on the quote. Backtik will make every effort to meet these deadlines but cannot guarantee strict adherence. In the event of a delay, backtik will inform the Client and strive to minimize the impact of the delay.
If the Client fails to accept or fails to fulfill its cooperation obligations, backtik reserves the right to claim compensation for damages suffered, including any additional expenses.
Article 9 — Responsibility
backtik's liability can only be invoked in cases of gross negligence, willful misconduct, or willful misconduct, in accordance with Swiss law. In any event, it is limited to the amount paid by the Client for the services.
In the event of slight negligence, backtik is only liable in the event of a breach of an essential contractual obligation, or in the event of impossibility of performance.
Article 10 — Intellectual Property
The intellectual property rights relating to the services and the results of the services remain the property of backtik, unless otherwise stipulated in writing. The Client agrees to respect these rights.
Any modification to the content of the work produced by backtik is only permitted with the prior agreement of backtik. Any transfer or licensing of usage rights by the Client to third parties requires the prior written consent of backtik.
Article 11 — Confidentiality
All confidential information exchanged in the course of providing the services will remain confidential and will not be disclosed to third parties, except with the authorization of the party concerned.
Article 12 — Applicable Law and Jurisdiction
These Terms and Conditions are governed by Swiss law. In the event of a dispute, the Swiss courts shall have exclusive jurisdiction.
Article 13 — Amendment to the General Terms and Conditions
Backtik may modify these Terms and Conditions at any time. The modifications will apply to any order placed after the effective date of the new Terms and Conditions. The modifications will take effect on the date of their publication on the backtik website.
For legal purposes
The legal jurisdiction is that of the registered office of backtik Sàrl, in Switzerland.