Terms and conditions.

Welcome to the Terms of Use of www.creativedigital.ch
Last updated 12 May 2021

Thank you for choosing to use our services.
Below we have listed the legal terms and conditions that apply to everyone who visits our website or uses our services.

Terms and conditions.

1. General conditions

1.1. Legal agreement
By visiting our website or using our services, the user signs a legal agreement with CREATIVE DIGITAL SAGL, consisting of these Terms of Use, and the legal conditions of our additional services.

1.2. User Account
The access and use by the User of certain sections and features of the Creative Digital Services is subject, in the first place, to the registration and creation of an account with Creative Digital (“User Account”). We strongly recommend to keep the login credentials of the User Account strictly confidential and thus to allow access only to trusted persons, as the User will be solely and fully responsible for all the activities that will take place on his / her User Account and / or User Platforms. It is necessary for the User to provide accurate and complete information when registering their User Account.

2. Obligations of the User

2.1. The User declares and guarantees:
The User confirms that he is the owner of all rights relating to any content uploaded or provided by the User, or imported, copied or uploaded, including all drawings, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, works of art, interfaces, user names, information provided for the purpose of creating a domain name, texts, literary works and any other material or otherwise has (and will continue to have) full power, title, licenses, consents and authority, with respect to the User Content, to the extent necessary for the User to legitimately access, import, copy, use, publish, transfer or license such content.

2.2. The User undertakes and agrees to:
fully comply with all laws and all other contractual conditions governing the use of the Creative Digital Services.
It is Creative Digital’s sole discretion to choose the means, methods and methods for carrying out the Creative Digital Services, including those relating to the hosting, transmission, publication and / or display of all Platforms and / or User Content. . Creative Digital will have the right to impose and change pricing plans for its services. Furthermore, the User authorizes us to use his / her Website and the materials created by us for possible promotional / communication activities.

3. Privacy

Certain portions of the Creative digital Services require or involve the presentation, collection and / or use of certain personally identifiable and identifiable information. In particular, and as part of accessing or using Creative Digital’s services, Creative Digital may collect, access and use certain data relating to the User and End Users, including the activities or navigation undertaken by the User and by End Users.

4. Other expenses

4.1. Payment services
Use of Creative Digital’s services is subject to special fees, as determined by Creative Digital in its sole discretion. Creative Digital will provide notice of such current Fees in connection with such paid services. If you wish to receive or use such paid Services, you are required to pay all applicable Fees in advance. Creative Digital reserves the right to change its Rates at any time. Where You have received a discount or other promotional offer, Creative Digital will have the right to automatically and without notice renew your subscription to one or more services under the applicable Full Rate. All Fares must be considered in CHF (Swiss Franc), unless otherwise specified. To the extent permitted by law, all Rates are expressed net of all taxes. You also authorize Creative Digital to request and collect payment and service fees from your payment service provider or the indicated User’s bank account.

4.2. Invoices
Creative Digital and / or its affiliates may issue an invoice or credit note for Fees payments or refunds made to or from Creative Digital. Each Invoice will be issued electronically. For the purpose of issuing the Invoice, the User may be asked to provide some personal data.

4.3. Automatic renewals of subscriptions
In order to ensure that no interruption or loss of services occurs, some Paid Services have a default automatic renewal option, whereby if the User does not disable the automatic renewal option, those Paid Services will be automatically renewed at the end of the applicable subscription period, for a period equal to the initial subscription period and, unless otherwise communicated to the User, at the same price. If the Renewal Paid Service is subject to an annual or multi-year subscription period, Creative Digital agrees to notify the User prior to the renewal of such paid service at least thirty (30) days prior to the renewal date. . Notwithstanding what is otherwise stated above, the User is and will remain solely responsible for verifying and guaranteeing that the successful renewal of the Creative Digital services he uses.

4.4. Money back guarantee
We are happy to offer a 14 day money back guarantee for our monthly or yearly paid Services. The aforementioned refund guarantee may be extended according to the terms of the law.
Services purchased on or through Creative Digital Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. Creative Digital will not refund any amounts paid for non-refundable Paid Services, Applications or Third Party Services.

5. Cancellation

5.1. Cancellation by the User
The User has the right to stop using and request cancellation of his User Account and / or of any Creative Digital service at any time. The effective date and time of such cancellation will be the date and time the Creative digital Services cancellation process was completed and the effective date of cancellation of Paid Services will be set at the end of the subscription period. to such Paid Services. Failure to comply with the minimum contract provides for the payment of a final balance aimed at settling the costs of the usufruct of Third Party Services.

5.2. Cancellation by Creative Digital
Failure to comply with any of the Creative Digital Terms and / or failure to pay any Fee will entitle Creative Digital to suspend (until full payment) or cancel the User Account, as well as the provision of Creative Services to the User. Digital undersigned.

6. E-Commerce

6.1. Generality
The Creative Digital services also include some functions that allow the sale of goods, content, photos and videos, event tickets and services through the User Platform (“eCommerce”). The User will be solely responsible for their Products and related eCommerce activities, as well as for any promotions and related content present or referred to on their Platform, as well as for compliance with applicable laws. We limit ourselves to providing the User with the platform on which he can manage his online eCommerce activities. We are not involved in the User’s relationship and / or transaction with any actual or potential purchasers of the User’s Products. In case of purchase of the User Products, the payments of these transactions will be processed through a third party payment service provider (“Payment Provider”).

6.2. Payment provider
The account for the transactions that will take place within the e-Commerce is governed by the Conditions of use that the User must sign when purchasing the eCommerce service. The User is requested to read these conditions of use before publishing his site and accepting any payments. We are neither a party to nor are we responsible in any way for the User’s relationship with such Payment Providers, nor for the actions of these Payment Providers.

6.3. Acknowledgments and guarantees in the field of eCommerce:
By using any of our eCommerce features, the User acknowledges, warrants and accepts the following:
– The User is the one and only responsible for all Taxes and Rates of any nature associated with their eCommerce activities, including any Taxes relating to the purchase or sale of the User Products, as well as to collect, declare and pay the exact amounts to the competent authority and / or inform its End Users about such payments and provide them with a duly issued invoice as required by law.
– The User is responsible and bears all the costs of procurement and delivery of his own Products and of supplying them in a safe and professional way, in line with industrial standards.
– The User is solely responsible for all declarations and promises that may be made and for any assistance, warranty and support services regarding the User Products, and is required to provide truthful contact information on his User Platform for any questions , complaints or requests; and the User may not offer or sell any User Products or provide information, content or materials regarding the User Products, which may be considered dangerous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or who otherwise fail to comply with applicable laws, including with respect to consumer rights, intellectual property or the right to privacy, product safety, trade regulations and sanctions, support, maintenance and export .

– Creative Digital may, at any time and in its sole discretion in the event of suspicious activity, suspend, disable access or remove the User Platform and / or any User Products, even incorporated, published or included in its User Platform in such occasion, without any liability to any End Users, including any resulting loss of capacity.

7. Video and photo services

Creative Digital provides video and photo services. The aforementioned services will have a personalized and variable cost based on the User’s request. The products purchased will be copyrighted by Creative Digital and shared with the User. Creative Digital can therefore always claim the rights and use these products for sponsorship or advertising without being obliged to inform the User.

8. Third Party Services

Creative Digital Services allow you to use Third Party services, products and tools. The User acknowledges and accepts that, regardless of the way in which such Third Party Services may be offered to the same, Creative Digital acts solely as an intermediary between the User and such Third Party Services and does not endorse such Third Party Services in any way. Parties nor will be held responsible in any way in this regard. You acknowledge that such services may require payment of additional fees to Creative Digital and / or the providers of such third party Services.

9. Logo Creation

Creative Digital offers the service of creating a customized company logo, made to measure by our graphic designers. The additional conditions listed below apply to the use of the aforementioned Logo:
– The User is aware that this service will involve the payment of an amount that may vary according to the User’s requests;
– The changes made to the logo may lead to an increase in the initially budgeted price;
– An express production of the logo requested by the User will result in the payment of an additional amount;
– Creative Digital may always claim the rights and use the User’s logo for sponsorship or advertising without being required to inform the User;
– Creative Digital is not responsible for the improper or non-compliant use of the Logo, its content, including the name of the activity or the slogan provided by the User that may be attributable to other existing brands;
– The registration of the trademark is under the responsibility of the User, or a specific request must be made;
– Fees paid for a Creative Digital Logo are non-refundable.

10. Limitation of Liability

Creative Digital is not responsible for any direct, indirect, incidental, special, punitive, exemplary or consequential damages, including any damages resulting from errors, confusions or inaccuracies regarding or contained in any content; any unauthorized access or use of our servers and / or any personal information and / or other information stored therein; the interruption or cessation of the transmission or services; the use or display of any Content or Content posted, emailed, transmitted or otherwise made available by the User through the Creative Digital Services; events beyond Creative Digital’s reasonable control, including any Internet failures, equipment failures, power failures, strikes, labor disputes, riots, riots, civil unrest, manpower or material shortages, fires, floods, storms , earthquakes, explosions, acts of God, war, acts of terrorism, intergalactic wars, government interventions, judicial, agency or court orders or third party failure to perform and / or loss of use, data, profits, goodwill or other losses intangible assets arising from the use or inability to use any or all of Creative Digital’s services.

Customer Service: support@creativedigital.ch | +41 91 966 44 44