Terms and conditions

for website packages with maintenance from Benjamin Schinzel · BS Gráficos, Planta Urbana, 40712 Colonia Independencia, Paraguay (hereinafter “the Provider”).

1. Scope

These terms apply to all contracts between the Provider and its clients for the website packages Inicio, Negocio and Plus, including hosting and maintenance, and for additional services (extras). Differing terms of the client only apply if the Provider agrees to them in writing.

2. Conclusion of contract

Prices and details on the website, in particular in the configurator, are non-binding. In response to an enquiry, the client receives a written quote by email. The contract is concluded when the client accepts the quote in writing; an email or WhatsApp message is sufficient.

3. Services

The scope of services follows from the quote and the package description valid at the time of the quote.

Setup: design and build of the website based on a design template, with the number of revision rounds included in the package.

Ongoing service: hosting, SSL certificate, renewal of one domain, regular backups, email forwarding, small changes within the package’s monthly allowance, and support via WhatsApp and email.

Services beyond this are provided after prior agreement for a separate fee (currently Gs. 150,000 per hour, unless the quote states otherwise).

4. Client’s cooperation

The client provides the content for the website (texts, images, logo, business details) on time and in a usable form, unless it has been agreed that the Provider creates it.

The client warrants that they hold the rights to the content supplied and indemnifies the Provider against third-party claims arising from that content.

The client is responsible for the legally required information on their website (for example legal notice, privacy policy, price information). The Provider can help but does not give legal advice.

5. Prices and payment

All prices are in guaraníes (Gs.) including IVA (VAT). The client receives an invoice (factura) for every payment.

The setup fee is due when the contract is concluded; the Provider starts work once payment has been received. The monthly fee is payable in advance and starts when the website goes live. If going live is delayed for reasons attributable to the client, the monthly fee starts no later than 60 days after the contract is concluded.

For annual payment in advance, the Provider charges ten instead of twelve monthly fees.

If the client is late with a payment, the Provider may temporarily suspend the website after a reminder with a 14-day deadline, until payment is received.

6. Term and termination

The minimum term is twelve months from the website going live. After that, the contract continues indefinitely and either party may terminate it with 30 days’ notice to the end of a month. Termination must be in writing; an email is sufficient. The right to terminate for good cause remains unaffected.

7. Domain

The domain is registered in the client’s name; the Provider is listed as technical contact. The running costs for one domain are included in the monthly fee. The domain remains with the client after the contract ends. The Provider helps with the transfer to another provider.

8. Rights of use and end of contract

For the duration of the contract, the client may use the website designed for them for their business. Design templates, code and general components remain the property of the Provider, who may also use them in other projects.

When the contract ends, the website is taken offline. On request, the client receives their content (texts and images). If the client wants to continue running the website themselves or with another provider, they can take it over for a buyout fee stated in the quote or agreed at the time.

9. Availability

The Provider uses reliable hosting providers and aims for the highest possible availability. Uninterrupted availability cannot be guaranteed, however, especially in the event of outages at providers beyond the Provider’s control or during announced maintenance.

10. Liability

The Provider is liable without limitation for intent and gross negligence and for injury to life, body and health. Otherwise, liability is limited to foreseeable damage typical for the contract, and at most to the fees the client paid in the last twelve months. The Provider is not liable for content supplied by the client.

11. Reference

The Provider may show the website with the client’s name and logo as a reference on its own website and in its materials. The client may object at any time.

12. Data protection

Where the Provider processes personal data for the client (for example enquiries or bookings via the client’s website), it does so only on behalf of and according to the instructions of the client. On request, both parties sign a data processing agreement.

13. Final provisions

The law of the Republic of Paraguay applies. Mandatory consumer protection rules of the country in which a client acting as a consumer is resident remain unaffected. Place of jurisdiction is, as far as legally permitted, the Provider’s place of business.

These terms are available in Spanish, German and English. In case of discrepancies, the version in the language of the quote prevails.

Should any provision be invalid, the remaining provisions remain in effect.