1. Object of the service

1.1 Green Web Solutions SNC provides highly customised digital and IT services for businesses, professionals and individuals. The services include, but are not limited to:

design, development, implementation and maintenance of websites, web portals, landing pages;
technical, administrative and maintenance management of existing websites;
migration of websites, databases, digital infrastructures and hosting environments between different providers or infrastructures;
configuration, management and maintenance of servers, hosting and IT infrastructure;
installation, configuration and management of CMS systems, plug-ins, software and third-party tools;
IT security services, monitoring, software updates, security patches and vulnerability management;
implementation and management of backup, data recovery and disaster recovery systems;
data recovery activities and technical support in case of malfunctions or data loss;
technical, digital and strategic consulting in the fields of web, IT, IT security, digital infrastructure and process optimisation;
support for digital regulatory compliance, including but not limited to privacy, data protection;
online and in-store sales services;
training activities and courses;
other digital, computer or technological services agreed between the parties.

1.2 The services provided by Green Web Solutions SNC are highly customised and shall only be provided within the limits and in the manner defined in the offer, quotation, contract or any written agreement approved by the customer.

1.3 The offer or quotation accepted by the customer forms an integral part of the contract and defines in a binding manner the scope of the services, the manner of performance, the estimated time and any costs.

1.4 Any activity, intervention, functionality, development, modification, support or service not expressly stated in the offer or in the approved contract is not included, and may only be provided with the customer's written approval and shall be subject to separate invoicing at the applicable rates.

1.5 The services may involve the use of third-party software, platforms, infrastructure, cloud services or tools. Green Web Solutions SNC shall not be liable for any malfunctions, limitations, interruptions, changes in services or operating policies attributable to such third-party providers.

1.6 The customer acknowledges that the proper provision of services may require:

technical access to the customer's computer systems, servers, hosting or platforms;
active cooperation of the customer or its agents;
timely provision of necessary information, credentials, materials and content.

1.7 Any delays or limitations resulting from the customer's non-cooperation, incomplete provision of information or technical restrictions not attributable to Green Web Solutions SNC may lead to delays in the delivery of services or to additional costs.

1.8 Unless otherwise agreed in writing, Green Web Solutions SNC does not guarantee specific economic, commercial or online positioning results, nor does it accept liability for any indirect losses, lost profits or damages resulting from the use of the services provided.

1.9 Green Web Solutions SNC reserves the right to modify, update or improve the manner in which the services are provided for technical, operational or security reasons, without substantially altering the nature of the contractually agreed services.

1.10 Notwithstanding the preceding articles, the subject matter of this contract also includes

(a) the sale, via online (eShop) or offline (physical shop) channels, of hardware products, electronic devices, computer components, accessories, storage media and other tangible goods related to the digital and IT services offered by Green Web Solutions SNC;

(b) the provision of devices (in particular smartphones, laptops, personal computers or other terminals) already configured or pre-configured with operating systems, software or settings geared towards data protection, computer security or confidentiality of communications;

(c) the performance of installation, configuration, migration or replacement services of operating systems, firmware, software or digital components on devices owned by the customer or supplied by Green Web Solutions SNC;

(d) the organisation and delivery of training courses, workshops, seminars, information events or educational activities in the fields of information technology, digital, information security, privacy or related subjects, both face-to-face and distance;

(e) the provision of consultancy, analysis and support services in the field of mitigation of exposure to electromagnetic waves, electrosmog or other similar phenomena, as well as services defined as “unconventional”, insofar as they are requested by the customer and fall within the declared competence of Green Web Solutions SNC.

1.11 For all the activities listed above, the remaining provisions of these General Terms and Conditions shall apply mutatis mutandis, as well as any special conditions stipulated in the specific clauses below or in the offer, quotation or contract signed by the customer.

2. Acceptance and validity

2.1 The customer's acceptance of a quotation, a commercial offer or the signing of a contract with Green Web Solutions SNC implies full, express and unreserved acceptance of these General Terms and Conditions.

2.2 Acceptance may be effected by:

the signing of the contract or estimate;
full or partial payment for the services requested.

2.3 Such actions constitute, for all purposes, a manifestation of binding consent and entail the full application of these Terms and Conditions.

2.4 These Terms and Conditions form an integral part of any agreement between Green Web Solutions SNC and the customer and apply to all services provided by the company, unless otherwise expressly agreed between the parties in writing.

2.5 The offer, quotation or contract approved by the customer specifically defines:

the scope of the services provided;
economic conditions;

2.6 In the event of any discrepancy or conflict between these Terms and the specific conditions contained in an approved contract, offer or quotation, the specific conditions set out in the contractual document relating to the service shall prevail.

2.7 Any changes, additions or extensions of services or conditions with respect to what was originally agreed upon shall only be approved in writing. Verbal communications, informal agreements or non-formalised indications shall have no contractual value and shall not be considered binding.

2.8 Green Web Solutions SNC reserves the right to update or amend these Terms and Conditions for legal, technical or operational reasons. Updated versions will be published on the company's website. Such changes will not have retroactive effect on existing contracts, unless otherwise agreed in writing between the parties.

2.9 Should one or more of the provisions of these Terms and Conditions be deemed invalid, illegal or unenforceable by a competent authority, this shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect between the parties.

3. Specific conditions for the eShop or physical shop and the sale of products

3.1 Scope of Application

The present provisions also apply to all sales of products concluded by Green Web Solutions SNC with the customer via the online shop (eShop) or via other distance or in-person sales channels (e.g. physical shop), insofar as such sales relate to tangible goods (hardware, devices, accessories, etc.).

In the event of a conflict between these specific conditions and the general provisions, the former shall prevail with regard to the regulation of the sale of products.

3.2 Offer, availability and conclusion of contract

The information, images, technical descriptions and price indications published on the eShop or in the physical shop or other information material of Green Web Solutions SNC are purely indicative in nature and do not constitute a binding offer under Swiss law, unless expressly stated otherwise.

The contract of sale shall only be deemed concluded when Green Web Solutions SNC confirms in writing (also by e-mail or via the eShop system) the order transmitted by the customer, or when the product is actually delivered or dispatched to the customer, if this occurs in the absence of explicit confirmation.

Green Web Solutions SNC reserves the right to refuse or reduce orders, in particular in the event of product unavailability, suspicion of abuse, non-payment or other circumstances that make it unreasonable to execute the contract.

3.3 Prices, Taxes and Charges

Unless otherwise stated, all prices quoted are in the currency indicated in the eShop or offer and, where applicable, include the value added tax (VAT) in force at the time of conclusion of the contract.

Shipping costs, packaging, insurance, customs duties, import taxes or other ancillary costs not explicitly included in the price shall be borne by the customer and shall be indicated separately, insofar as they can be determined at the time of the order.

In the case of deliveries outside Switzerland, the customer is responsible for compliance with local tax and customs regulations as well as for the payment of any duties, taxes or charges required by the authorities of the country of destination.

3.4 Delivery, Risk Transfer and Verification

Products are delivered to the address indicated by the customer or by collection from an agreed delivery point. Any delivery times indicated are purely indicative and do not constitute essential terms, unless otherwise agreed in writing.

Unless otherwise specified, the risk of accidental loss of or damage to the products shall pass to the customer at the time the product is handed over to the carrier, forwarding agent or other person in charge of transport, respectively, at the time of collection by the customer.

The customer is obliged to check the products immediately upon delivery and to report in writing, with tangible evidence, to Green Web Solutions SNC, without delay and in any case within a reasonable period of time, any apparent defects, damage due to transport or discrepancies from the order. Failing this, the products shall be deemed accepted, without prejudice to hidden defects.

3.5 Warranty and Defective Products

The warranty on products sold by Green Web Solutions SNC is limited, unless otherwise stated in writing, to the warranty provided for by applicable Swiss law and, where applicable, to the warranty conditions offered by the manufacturer or third-party supplier.

For new, used or reconditioned devices, the duration and extension of the warranty shall be indicated in the product data sheet, offer or order confirmation. In the absence of any specific indication, the minimum duration under Swiss law shall apply, insofar as it is mandatory.

The guarantee does not cover defects and damage resulting from improper use, negligence, lack of maintenance, unauthorised modification, unauthorised third party intervention, dropping, contact with liquids, overloading, unsuitable environmental conditions or other circumstances beyond the control of Green Web Solutions SNC.

In the event of a defective product, Green Web Solutions SNC may, at its own discretion, proceed to repair it, replace it with an equivalent product or refund the price paid, minus any depreciation for wear and tear. The customer is not entitled to any further claims, except for mandatory legal provisions.

The customer shall return the defective product, correctly packaged, according to the instructions provided by Green Web Solutions SNC. In the event of an actual recognised defect, the shipping costs shall be borne by the customer.

3.6 DOA (dead on arrival) products

If a product has defects or malfunctions that are immediately detectable upon first use, the customer must promptly inform Green Web Solutions SNC, as a rule within 5 (five) working days of delivery, describing the problem in detail and, if possible, attaching documentation (photos, videos, logs, etc.).

Green Web Solutions SNC will verify the DOA defect; in the event of confirmation, it may proceed, at its own discretion, to replace the product with an equivalent one or to refund the price paid. Any more favourable conditions possibly offered by third-party manufacturers or suppliers remain reserved.

3.7 Right of Withdrawal and Returns

Unless otherwise expressly stated in an offer, in the terms and conditions of the eShop or in specific agreements with the customer, Green Web Solutions SNC is not obliged to grant a right of withdrawal or return beyond what is provided by mandatory legal provisions.

Any voluntary return policies (e.g. return within a certain number of days) are only applicable if explicitly published or agreed upon in writing and are subject to the conditions therein (e.g. condition of the product, undamaged packaging, shipping costs, etc.).

In any case, withdrawal is excluded for custom-made or custom-configured products, migration operations (data, apps, etc.), associated services, accessories, devices modified according to customer specifications, software supplied in digital format, licences, activation codes or other goods that cannot be returned according to their nature.

4. Installation and configuration services of operating systems on devices

4.1 Scope of services

Green Web Solutions SNC may provide services for the installation, configuration, replacement or migration of operating systems, firmware, software or digital components on customer-owned devices or on devices sold by the supplier to the customer.

Such services may include, by way of example, the installation of so-called “private” or “alternative” operating systems (such as, among others, Linux distributions, open source operating systems for smartphones, custom ROMs, modified firmware, private third-party apps, etc.).

4.2 Customer responsibility for devices and data

The customer represents and warrants that he/she is the legal owner of the device or has the necessary rights to request the installation or modification of the operating system and software on it.

The customer acknowledges that the performance of such services may result in the formatting or complete deletion, in whole or in part, of the contents of the device. The customer is solely responsible for making adequate backup copies of his/her data prior to the intervention. It is also considered that the customer is fully informed and aware of these risks and consequences, taking this information for granted; therefore, by requesting and/or continuing the service, the customer expressly accepts the possibility of total or partial loss of data, configurations, applications and content on the device. Green Web Solutions SNC declines all responsibility for any loss of data, configurations, applications or content.

4.3 Technical risks and limitation of liability

The customer is aware that the installation of alternative operating systems or operating systems that are not officially supported by the manufacturer may entail technical risks, including, but not limited to, system instability, incompatibility with certain applications or services (e.g. banking apps, government services, emergency services, payment systems), reduced performance, energy management or connectivity anomalies.

Despite Green Web Solutions SNC's adoption of professional diligence in accordance with industry best practice, there can be no guarantee that such operating systems are free of bugs, vulnerabilities, defects or inherent limitations. Green Web Solutions SNC accepts no liability for such matters.

In particular, Green Web Solutions SNC is not liable for:

a) any damage to the device related to inherent defects in the installed software or third parties;

(b) incompatibility with mobile networks, Wi-Fi networks, third-party services, applications or connected devices;

d) any limitations or revocation of commercial warranties by the original manufacturer or seller of the device and/or possibly the software (OS or App).

4.4 Service guarantee and updates

Green Web Solutions SNC's guarantee for installation services is limited to the diligent performance of the activity according to the agreed specifications and does not include the guarantee of a specific technical or functional result.

Any post-installation support, including updates, maintenance, corrections or re-installations, constitutes a separate service and may be provided, if required, on the basis of a separate fee, unless otherwise agreed in writing.

5. Consultancy services

5.1 Green Web Solutions SNC can provide consultancy services in the IT, digital, economic, communication/privacy marketing, organisational or other related fields, based on the client's requirements. These services consist of analysis, recommendations, operational and/or strategic support.

5.2 Unless otherwise agreed upon in writing, advisory services are provided without guarantee of result and do not constitute an obligation of result, but rather an obligation of means.

5.3 The customer remains solely responsible for the decisions taken on the basis of the indications provided by Green Web Solutions SNC, as well as their implementation within his own organisation, systems and processes.

5.4 Green Web Solutions SNC shall not be held liable for any direct or indirect damage resulting from the customer's own interpretations, incorrect or incomplete implementations, or use of the information provided outside the context for which it was prepared.

5.5 Advice on regulatory matters, including data protection, is of an informative and operational nature and does not constitute binding legal advice, unless otherwise agreed upon in writing with qualified professionals.

5.6 The customer undertakes to provide complete, correct and up-to-date information; Green Web Solutions SNC shall not be liable for any consequences arising from inaccurate, incomplete or out-of-date data provided by the customer.

5.7 Any implementation, verification or operational adjustment activities not expressly included in the consultancy assignment shall be regarded as extra services within the meaning of this agreement.

6. Courses, workshops and training

6.1 Registration, Confirmation and Payment

6.1.1 Enrolment in courses, workshops, seminars or other training activities organised by Green Web Solutions SNC takes place in accordance with the procedures indicated in the offer, on the website or in the dedicated communication and becomes binding upon written confirmation by Green Web Solutions SNC.

6.1.2 Unless otherwise stated, participation is subject to the advance payment of the full registration fee by the deadline indicated. In the absence of timely payment, Green Web Solutions SNC may allocate the place to other participants.

6.2 Cancellation, postponement and no-show

6.2.1 Green Web Solutions SNC reserves the right to cancel or postpone a course or training event, particularly in the event of an insufficient number of participants, unavailability of the lecturer, logistical impediments or force majeure events. In such cases, any fees already paid may, at the customer's choice, be refunded or charged to a new date or another course.

6.2.2 A customer who wishes to cancel his participation must notify this in writing. Unless more favourable specific conditions are indicated in the offer or in the course communication, in the event of cancellation, Green Web Solutions SNC shall retain the paid fee in full as a penalty and cover organisational costs.

6.2.3 In the event of non-participation without prior notice (“no-show”), the customer shall not be entitled to a refund and shall remain liable to pay the fee in full.

6.3 Teaching materials and rights of use

6.3.1 All teaching materials, slides, documents, audio/video recordings, exercises and content provided or made accessible during the courses remain the exclusive property of Green Web Solutions SNC or their respective authors and are protected by copyright and other applicable regulations.

6.3.2 If Green Web Solutions SNC gives the customer course materials and slides, the customer is granted a limited, personal, non-exclusive and non-transferable licence to use them solely for purposes of study and personal use. Reproduction, distribution, public communication, online publication, making available to third parties or commercial use of the materials and slides without the prior written consent of Green Web Solutions SNC is prohibited.

6.3.3 Unless otherwise expressly authorised, it is not permitted to take photos, record audio, film or transmit to third parties the courses or training events, whether they are conducted in person or at a distance.

6.4 Exclusion of guarantees on training results

6.4.1 The training activities are of an informative and didactic nature. Green Web Solutions SNC does not guarantee the obtaining of specific results, certifications, career advancement, economic improvements or other concrete effects resulting from participation in the courses.

6.4.2 Any examples, case studies or scenarios illustrated are for illustrative purposes only and do not constitute a contractual commitment as to the achievement of similar results by the customer.

7. Description of further services and obligations of the customer

7.1 The customer undertakes to promptly provide all information, technical access, digital materials, credentials, content and any documentation required to enable the proper provision of services by Green Web Solutions SNC.

7.2 This includes, but is not limited to:

access to servers, hosting, domains, content management platforms;
cloud services and technical accounts;
technical documentation and any other elements required for the execution of the agreed activities.

7.3 The customer is responsible for the correctness, completeness and lawfulness of all information, data and materials provided. Green Web Solutions SNC cannot be held liable for errors, delays, malfunctions or non-conforming results resulting from inaccurate, incomplete or delayed information.

7.4 If the customer fails to provide the necessary materials, information or access in a timely manner, the service delivery time may be extended proportionately, without any penalty or liability for Green Web Solutions SNC.

7.5 Any delays attributable to the customer may result in:

reorganisation of project schedules;
application of additional costs, if necessary.

7.6 The customer also undertakes to cooperate actively during all phases of the project, providing feedback, approvals and indications within a reasonable time. Delays in responses or approvals may affect the execution time of the services without any liability for Green Web Solutions SNC.

7.7 If the services require access to the client's computer systems, infrastructure or platforms, the client guarantees that it has the right and authority to grant such access. Green Web Solutions SNC shall not be liable for technical limitations, contractual restrictions or problems arising from services or infrastructures operated by third-party providers.

7.8 The customer is also responsible for the preservation and security of his or her access credentials and systems. Green Web Solutions SNC shall not be liable for damage, loss of data or unauthorised access resulting from compromised credentials, insecure configurations or behaviour attributable to the customer or third parties under the customer's control.

8. Limitation of Liability

8.1 Green Web Solutions SNC undertakes to provide its services with due professional diligence and in accordance with the best industry practices. However, except in cases of wilful misconduct or gross negligence directly attributable to Green Web Solutions SNC, the company shall not be held liable for any direct, indirect, incidental, consequential or special damages resulting from the use or inability to use the services provided.

8.2 In particular, Green Web Solutions SNC shall not be liable for:

data loss;
lost profits;
loss of business opportunities;
reputational damage;
operational interruptions;
loss of traffic;
any other economic or technical damage resulting from the use of the services or from malfunctions of digital systems.

8.3 Green Web Solutions SNC shall not be liable for problems arising from factors beyond its reasonable control, including but not limited to:

malfunctions, interruptions or limitations of services provided by third parties such as hosting providers, cloud providers, domain registrars, software services, online platforms or network infrastructures;
hardware failures, connectivity problems, updates or changes to third-party services;
computer attacks, unauthorised access, malware, viruses, exploits, hacking attempts or other malicious activities, except for gross negligence directly attributable to Green Web Solutions SNC;
force majeure events, including but not limited to network outages, infrastructure failures, fires, natural disasters, decisions by public authorities, strikes, pandemics or any other event beyond the company's reasonable control.

8.4 Without prejudice to the provisions of the applicable legislation, the overall liability of Green Web Solutions SNC, for any title or cause arising from this agreement or from the services provided, shall in any event be limited to the total amount actually paid by the Client to Green Web Solutions SNC for the services that are the subject of the dispute in the three (3) months prior to the event giving rise to the claim. Indirect damages, consequential damages, loss of profit, loss of data, loss of earnings and business interruption shall in any case be excluded.

8.5 The customer acknowledges and accepts that this limitation constitutes an essential condition of the agreement between the parties, and that the fees for the services have also been determined with this limitation in mind.

9. Payments and deadlines

9.1 The economic conditions and payment terms relating to the services provided by Green Web Solutions SNC are set out in the quote, offer or contract approved by the customer.

9.2 Unless otherwise specified in writing, all invoices issued shall be paid within the terms specified in the invoice document. The customer undertakes to make payments within the agreed deadlines.

9.3 In the event of late payment, Green Web Solutions SNC reserves the right to:

temporarily suspend, in whole or in part, the provision of services until the sums due have been paid in full;
charge interest on arrears, administrative fees or debt collection costs to the extent permitted by applicable law.

9.4 Suspension of services due to non-payment shall not release the customer from the obligation to settle all invoices issued, including any services already performed or costs incurred by Green Web Solutions SNC for the provision of services.

9.5 In the event that the services are provided through instalment plans, subscriptions or recurring fees, non-payment of even a single instalment or a single subscription period may lead to suspension of the related services until the customer's administrative position is regularised.

9.6 Objections to invoices shall be communicated by the customer in writing within a reasonable period of time from the invoice date. If no objection is made within this period, the invoice shall be deemed accepted.

9.7 Unless otherwise agreed in writing between the parties, all services provided by Green Web Solutions SNC remain subject to the customer's compliance with payment obligations, and failure to comply with such obligations may result in suspension or termination of the services.

9.8. Alternative payment methods (cash, cryptocurrency, barter)

9.8.1 General Principles

Unless otherwise stated in writing, the fees for services and products of Green Web Solutions SNC are due in the currency indicated on the invoice (as a rule Swiss Francs - CHF) and are payable according to the usual payment methods (bank transfer, electronic payment, etc.).

Green Web Solutions SNC may, at its own discretion, accept alternative payment methods, such as cash, cryptocurrency or forms of exchange/barter, etc.).

9.8.2 Cash Payments

Payments in cash are only permitted within the limits of the amount, place and manner indicated by Green Web Solutions SNC. The risk of theft, loss or damage to the cash shall remain with the customer until actual and confirmed delivery to Green Web Solutions SNC.

9.8.3 Cryptocurrency payments

Green Web Solutions SNC may, at its own discretion, accept payments in certain cryptocurrencies specified from time to time (e.g. in the invoice, offer or eShop).

The price due remains expressed in the legal tender currency (CHF). The amount in cryptocurrency is calculated at the time the payment request is generated on the basis of the exchange rate indicated by Green Web Solutions SNC (e.g. the median rate of one or more reference exchanges) and communicated to the customer.

The risk of volatility in the value of the cryptocurrency between the time of generation of the payment request and the recording of the transaction on the blockchain is borne entirely by the customer. The payment is considered to have been made when the transaction reaches the required number of confirmations on the relevant blockchain.

Due to the nature of cryptocurrencies and blockchain, cryptocurrency payments are in principle irreversible. Any redemptions, if granted, may be made, at the discretion of Green Web Solutions SNC, in legal tender (CHF) and net of fees, transaction costs and exchange rate risks.

The customer is responsible for correctly specifying the destination wallet address and selecting the appropriate transfer network. Green Web Solutions SNC is not liable for amounts sent to incorrect, uncontrolled or incompatible addresses.

9.8.4 Exchange, barter and payment in kind

Exceptionally and with prior written agreement, Green Web Solutions SNC may accept payment, in full or in part, by means of goods, products or services offered by the customer (exchange or barter).

The value attributed to such goods or services is determined exclusively by Green Web Solutions SNC, based on reasonable criteria and taking into account the condition, quality, marketability and other relevant factors. The customer acknowledges that the value attributed may deviate from any market values or his own expectations.

If, after delivery, defects, substantial non-conformities or the impossibility of using or monetising the goods/services received emerge, Green Web Solutions SNC may require the customer to pay in cash the entire consideration, minus any residual value acknowledged to the goods/services received.

Green Web Solutions SNC reserves the right to reject proposals for payment in kind at any time or to limit this method to certain categories of customers, goods or services.

10. Intellectual Property and Licences

10.1 All materials, content, data, documents, images, texts, logos, trademarks and any other elements provided by the customer in the context of the performance of the services shall remain the exclusive property of the customer or the respective right holders.

10.2 The customer warrants that he/she has the necessary rights to use and supply such materials to Green Web Solutions SNC and assumes all responsibility for their lawful availability and use.

10.3 Unless otherwise agreed in writing between the parties, all source codes, software, scripts, technical configurations, designs, graphic layouts, models, templates, systems, tools, processes, technical components, libraries and any other element developed, created or implemented by Green Web Solutions SNC within the scope of the provision of the services remain the exclusive property of Green Web Solutions SNC, including any improvements, updates or derived versions.

10.4 The customer is granted a limited, non-exclusive, non-transferable and non-sublicensable licence to use the materials, systems or solutions developed by Green Web Solutions SNC exclusively for the purposes of the specifically agreed project or service. This licence is subject to full payment of the fees due.

10.5 Unless otherwise agreed upon in writing, the customer is not authorised to:

resell, distribute or sublicense the developed code, systems or components;
replicate, modify or reuse the materials for purposes other than those stipulated in the contract.

10.6 Green Web Solutions SNC reserves the right to re-use technical knowledge, methodologies, generic components, frameworks, modules and solutions developed in the course of its professional activities, provided that such re-use does not entail the disclosure of confidential or customer-specific information.

10.7 If the project includes software, libraries, plug-ins or tools developed by third parties, these elements shall remain subject to the respective licences and conditions of use established by the respective right holders.

10.8 Unless otherwise agreed in writing, Green Web Solutions SNC reserves the right to mention the client, the client's business logo and the project realised as a professional reference or case study, including through its website, portfolio or promotional materials, without disclosing confidential or sensitive information.

11. Guarantees of results

11.1 Unless expressly provided for in writing in the contract or in the offer approved by the customer, Green Web Solutions SNC does not guarantee the achievement of specific results from the use of the services provided.

11.2 Any estimates, forecasts, analyses or simulations are to be considered purely indicative and do not constitute a contractual guarantee or binding commitment. Such indications are based on external, non-controllable factors, such as algorithms of digital platforms, user behaviour, third-party strategies, market conditions or customer decisions.

11.3 Green Web Solutions SNC does not guarantee absolute technical performance or specific levels of performance of systems, servers or digital infrastructures, if these depend, in whole or in part, on services or infrastructures operated by third-party providers.

11.4 The client recognises that the success of digital projects depends on multiple factors, including its commitment to

quality of content;
marketing strategies adopted;
operational management of the site or platform;
general market conditions.

11.5 Accordingly, Green Web Solutions SNC cannot be held liable for any results that fall short of the customer's expectations.

11.6 Unless otherwise stipulated by applicable law or by specific contractual guarantees, services are provided according to the principle of the “best efforts”.”, i.e. with the professional commitment of Green Web Solutions SNC to work diligently, competently and in accordance with industry best practice, without guaranteeing determined results.

12. Backup and data security

12.1 Green Web Solutions SNC may only provide data backup services, security monitoring and recovery procedures if such activities are expressly provided for in the contract, offer or quotation approved by the customer.

12.2 The manner, frequency and scope of backups shall be defined in the relevant contractual documents. In the absence of a backup or security management service included in the contract, the responsibility for data preservation, protection of information and taking appropriate security measures remains solely with the customer.

12.3 If the services include backup systems operated by Green Web Solutions SNC, such systems constitute a technical and operational security measure, but do not guarantee complete protection against data loss.

12.4 Despite the adoption of reasonable technical measures, unforeseen events may occur:

hardware failures;
software errors;
infrastructure malfunctions;
cyber attacks;
external events that compromise data integrity or availability.

12.5 Green Web Solutions SNC shall not be liable for any loss of data, damage, file corruption, service interruptions or other malfunctions resulting from technical factors, system errors, third-party activities, cyber attacks or events beyond its control.

12.6 The customer acknowledges and accepts that the security of computer systems and data cannot be absolutely guaranteed and remains responsible for the management and protection of its data, including the periodic verification of the availability and integrity of any back-up copies provided.

12.7 Green Web Solutions SNC undertakes to manage and process the customer's data with the utmost care, professional diligence and in compliance with current data protection and computer security regulations. To this end, Green Web Solutions SNC takes technical and organisational measures appropriate to the state of the art to ensure, as far as is reasonably possible, the confidentiality, integrity and availability of the information processed, in compliance with the applicable provisions, including, where relevant, the Swiss Federal Data Protection Act (DPA) and good IT practices.

13. Data protection (DPA Switzerland)

13.1 Green Web Solutions SNC undertakes to process the customer's personal data in accordance with the Federal Data Protection Act (DPA) of 25 September 2020 and the applicable implementing ordinances, in the version in force as from 1 September 2023.

13.2 Personal data are collected and processed lawfully, proportionately and limited to what is necessary for:

the conclusion and execution of the contract;
the provision, operation and maintenance of services;
the fulfilment of legal obligations;
the protection of legitimate overriding interests of Green Web Solutions SNC, always respecting the rights and expectations of the customer.

13.3 Green Web Solutions SNC may process, among other things, the following data:

identification and contact details;
billing and payment data;
technical and log data related to the use of services (e.g. IP addresses, device identifiers, access data, security and system usage logs);
data needed to prevent abuse, fraud, unauthorised access and cyber attacks.

13.4 Data may only be disclosed to external service providers (e.g. hosting providers, data centres, cloud services, monitoring and security tools, IT or legal consultants) to the extent necessary for:

the execution of the contract;
the technical security of the systems;
the fulfilment of legal obligations.

Such communications always take place on the basis of agreements guaranteeing a level of data protection in accordance with the DPA.

13.5 Any transfer of personal data abroad shall take place exclusively to countries with a level of protection recognised as adequate by the Federal Council or, alternatively, on the basis of adequate contractual guarantees (e.g. standard contractual clauses or other instruments recognised under Swiss law). The customer may request information on the destination countries and the guarantees applied.

13.6 Data are retained only for the time necessary to fulfil the purposes for which they were collected or for the time imposed by legal retention obligations. After these terms, Green Web Solutions SNC proceeds, where possible, to the secure deletion or anonymisation of data.

13.7 The customer has the right to:

obtain information on the processing of their personal data;
request the correction or deletion of inaccurate or unlawfully processed data;
request restriction of processing;
object to certain processing;
exercise other rights under the DPA.

These rights may be exercised by contacting Green Web Solutions SNC at the addresses indicated in these general conditions (info@malcanton.ch) or published on the website.

13.8 If the processing of personal data is based on the customer's consent, the customer may revoke this consent at any time with effect for the future, without prejudice to the lawfulness of the processing carried out prior to the revocation. Withdrawal may restrict or render impossible the provision of certain services.

13.9. Processing of personal data of customers located in the European Economic Area (EEA)

13.9.1 Scope of application

In addition to the provisions of the data protection section, this clause applies, insofar as Regulation (EU) 2016/679 (GDPR) is applicable, to the processing of personal data relating to customers, users or data subjects located in the European Economic Area (EEA) who interact with the services of Green Web Solutions SNC.

13.9.2 Treatment principles and legal bases

In such cases, Green Web Solutions SNC processes personal data in accordance with the principles of lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity and confidentiality, as set out in the GDPR.

The main legal bases for the processing may consist, as the case may be, in the performance of a contract or pre-contractual measures requested by the data subject, the fulfilment of legal obligations, the overriding legitimate interest of Green Web Solutions SNC or the consent of the data subject, if and to the extent that it is required.

13.9.3 Rights of data subjects and data transfers

Data subjects whose data fall within the scope of the GDPR may exercise, within the limits provided therein, the rights of access, rectification, erasure, restriction of processing, data portability and objection, as well as the right to lodge a complaint with the competent supervisory authority.

Transfers of personal data to countries outside the EEA shall take place, where necessary, on the basis of European Commission adequacy decisions or, failing that, appropriate safeguards such as standard contractual clauses or equivalent instruments, without prejudice to further requirements under Swiss law and the GDPR.

14. Force majeure

14.1 Green Web Solutions SNC shall not be held liable for any default or delay due to events of force majeure, including but not limited to:

natural disasters (earthquakes, floods, fires, hurricanes, extreme weather events);
wars, terrorist acts, riots;
epidemics or pandemics;
general strikes;
disruptions of essential services (electricity, Internet network, telephone lines, hosting services or data centres);
global or targeted cyber attacks (DDoS, ransomware, malware, phishing, zero-day exploits, intrusions, data theft, network or third-party compromise);
failures or malfunctions of third-party hardware, software or network infrastructure;
errors or interruptions of cloud services, unavailability of providers, blockages or malfunctions caused by updates or vulnerabilities of third-party operating systems, platforms or software components;
economic and financial collapse (global or local);
governmental or regulatory measures;
blackouts, data centre fires, corruption or loss of data not attributable to Green Web Solutions SNC.

14.2 In such cases, Green Web Solutions SNC shall not be liable for any direct, indirect, consequential damages, loss of data, business interruption, economic loss or resulting disruption, and reserves the right to temporarily suspend services until normal operating conditions are restored.

15. Extra services and changes

15.1 The services provided by Green Web Solutions SNC are limited exclusively to what is expressly stated in the quotation, commercial offer or contract approved by the customer.

15.2 Any activity, intervention, modification, customisation or development not expressly provided for in the contractual documents shall be considered an extra service and therefore outside the scope of the originally agreed service.

15.3 Extra services shall be subject to separate assessment in terms of time, cost and manner of performance and shall be invoiced separately in accordance with the rates in force at the time of the request.

15.4 The performance of extra services is subject to the customer's written acceptance of the relevant additional quotation or contractual update; in the absence of such approval, Green Web Solutions SNC shall not be obliged to follow it up.

15.5 Green Web Solutions SNC reserves the right to refuse additional requests that are incompatible with the operational capacity, available resources, system security, the technical structure of the project or the contractual terms already agreed upon.

15.6 Any approved changes or additions may entail an update of the estimate, a revision of the delivery schedule and the application of additional costs, which shall be notified in advance and approved in writing.

15.7 Any delays or problems arising from the implementation of extra services shall not be attributable to Green Web Solutions SNC, except in cases of wilful misconduct or gross negligence, and shall not entail any liability beyond what is provided for in the main contract.

16. Lawful use of services and responsibility for content

16.1 The customer undertakes to use the services provided by Green Web Solutions SNC in full compliance with applicable legislation and not to use the systems, infrastructures or services made available for illegal, fraudulent activities or activities that are in any way contrary to law, public order or the rights of third parties.

16.2 The customer is solely and exclusively responsible for the content published, transmitted or managed through the services provided by Green Web Solutions SNC, including but not limited to:

texts, images, videos and multimedia materials;
data, documents or information published online;
software, files or other digital materials.

16.3 The customer warrants that he/she has the necessary rights to use, publish or distribute such content and assumes all liability for any infringement of intellectual property rights, copyrights, image rights, trademarks or other applicable regulations.

16.4 Green Web Solutions SNC does not carry out any prior checks on the content published by the customer and cannot be held liable for any violations of law, third-party rights or applicable regulations arising from the content published or managed by the customer through the services provided.

16.5 Should Green Web Solutions SNC become aware of contents that are manifestly illegal or potentially harmful to third parties or to the security of systems, the company reserves the right to request the removal of such contents or to temporarily suspend services until the situation is resolved.

17. Third-party access to systems

17.1 If the customer grants access to the computer systems, servers, digital services or infrastructures operated by Green Web Solutions SNC to third parties, such as developers, consultants, collaborators or other external suppliers, such access shall take place under the full responsibility of the customer.

17.2 Green Web Solutions SNC cannot be held liable for any malfunctions, errors, loss of data, security vulnerabilities or technical problems resulting from modifications, configurations or interventions carried out by third parties authorised by the customer.

17.3 The customer acknowledges that technical interventions by third parties on the systems or infrastructures operated by Green Web Solutions SNC may affect the stability, security or proper functioning of the services.

17.4 In such circumstances, any restoration, analysis or technical intervention required of Green Web Solutions SNC may be considered as additional services and may be invoiced separately at the applicable rates.

18. Technical Support and Urgent Action

18.1 Unless otherwise contractually agreed, technical support services shall be provided by Green Web Solutions SNC in accordance with the operating methods and timing compatible with its organisational availability.

18.2 Any requests for urgent or unplanned technical intervention may be subject to operational availability and specific rates, unless otherwise expressly stated in the contract or in the estimate approved by the customer.

18.3 Green Web Solutions SNC shall do everything reasonably possible to intervene as quickly as possible in the event of technical problems, without, however, guaranteeing specific response or resolution times, except where expressly provided for in separate Service Level Agreements (SLAs).

18.4 Any interventions required outside the scope of the contractually agreed services may be considered as extra services and shall be subject to separate evaluation and approval.

19. Suspension of services for security reasons

19.1 Green Web Solutions SNC reserves the right to temporarily suspend access to all or part of the services or systems if this is deemed necessary for technical or security reasons.

19.2 Such measures may be taken, by way of example but not limited to, in the following cases:

detection of unauthorised access or intrusion attempts;
presence of malware, viruses or malicious code;
cyber attacks (global or targeted) or suspicious activity on systems;
use of services in a manner potentially harmful to infrastructure or third parties.

19.3 In such circumstances, Green Web Solutions SNC may take the technical measures deemed necessary to protect systems, data and infrastructure, including the temporary suspension of services until security conditions are restored.

19.4 Green Web Solutions SNC cannot be held liable for any interruptions or limitations of services resulting from such security measures.

20. Software updates and compatibility

20.1 The customer acknowledges that the digital systems, software, plug-ins, platforms and technological components used in the projects may require periodic updates for reasons of security, stability, compatibility or improved functionality.

20.2 Green Web Solutions SNC may carry out technical updates when necessary to ensure the proper functioning and security of the managed systems, within the limits of the services stipulated in the contract.

20.3 Green Web Solutions SNC shall not be held liable for any incompatibilities, malfunctions or changes in behaviour in the customer's sites or its systems resulting from:

software updates issued by third-party suppliers;
CMS, theme and/or plugin updates;
cessation of technical support by software manufacturers;
structural or technical changes made by third parties.

21. Entire Agreement

21.1 These General Terms and Conditions, together with the quote, commercial offer or specific contract approved by the customer, constitute the entire agreement between the parties in relation to the services provided by Green Web Solutions SNC.

21.2 These documents replace any previous communication, proposal, negotiation or agreement, whether written or verbal, relating to the services covered by the contractual relationship.

21.3 Any amendments or supplements to this agreement shall be agreed between the parties exclusively in writing.

22. Amendments to the Terms and Conditions

22.1 Green Web Solutions SNC reserves the right to amend, update or supplement these General Terms and Conditions at any time for legal, technical, operational or organisational reasons.

22.2 Updated versions of the Terms and Conditions may be published on the official website of Green Web Solutions SNC or made available through other information channels used by the company.

22.3 Unless otherwise specified, the changes shall enter into force from the time of their publication and shall apply to services provided after that date.

22.4 The customer shall periodically consult the updated version of the Terms and Conditions. Continued use of the services after the entry into force of the changes constitutes acceptance of the changes.

22.5 Any amendments shall not have retroactive effect on contracts already concluded, unless otherwise agreed upon in writing between the parties or required by applicable law.

23. Termination and withdrawal

23.1 The customer may withdraw from the contract in accordance with the terms and periods of notice specified in the contract, offer or approved quotation.

23.2 Withdrawal shall be communicated to Green Web Solutions SNC in writing via the official channels agreed between the parties.

23.3 In the event of early withdrawal, the customer remains liable to pay

all services already provided;
the activities already carried out;
any costs incurred or committed by Green Web Solutions SNC up to the effective date of withdrawal.

23.4 If the agreement provides for services with a minimum duration, periodic fees or agreed payment schedules, the specific conditions set out in the relevant agreement may apply.

23.5 Green Web Solutions SNC reserves the right to temporarily or permanently suspend services in the event of a breach of contract by the customer, including but not limited to:

non-payment by the deadline;
misuse of services;
non-cooperation necessary for the performance of the agreed activities.

23.6 If the breach of contract is not remedied within a reasonable period of time from the formal notice sent by Green Web Solutions SNC, the company may terminate the contract with immediate effect, reserving the right to demand payment of all services already rendered and any sums still due.

23.7 Upon termination of the contractual relationship for any reason whatsoever, Green Web Solutions SNC shall not be obliged to continue providing support, updating, protection, maintenance or access to the managed infrastructure, unless otherwise agreed in writing between the parties.

23.8 These Terms and Conditions and any contractual relationship between Green Web Solutions SNC and the customer shall be governed by Swiss law.
For any dispute arising out of the interpretation, execution, validity or termination of the contract, the Court of Lugano shall have exclusive jurisdiction, without prejudice to the right of Green Web Solutions SNC to bring proceedings before other courts in the presence of mandatory legal obligations or special situations.

Date: May 2026
Applicable law: Switzerland
Place of jurisdiction: Lugano