Terms and Conditions – GastroLocos
These Terms and Conditions operate between you (hereinafter referred to as the Client) and Dellago Consulting, a sole proprietorship registered in accordance with the laws of Switzerland and the legal owner and operator of GastroLocos (hereinafter referred to as GastroLocos, we, our or us). By using any of the services made available by GastroLocos through the website, located at www.gastrolocos.com or in any other way, you agree and acknowledge that you have read, understood, and unconditionally accepted all of the Terms and Conditions. These Terms and Conditions will be explicitly made available to you electronically for your written acceptance.
Agreement means the agreement to perform Services. The Agreement will come into force when a Client these Terms and Conditions in writing.
Client means the party that issues the Order for GastroLocos’ restaurant web-Services or any of the other Services offered by GastroLocos against a set monthly fee.
Order means the request made by the Client to GastroLocos to, in return for a set (monthly) fee, perform Services.
Quotation means the more or less specified statement of work and the costs which are related to the performance of these Services. For the purpose of this Agreement, Quotation shall include the price packages offered on the Website which the Client can review.
Services means the Services encompass all work that GastroLocos performs for the purpose of the Client which relate to the design, hosting, development, maintenance and other website-related services that are ongoing.
Website means the GastroLocos website located at www.gastrolocos.com.
Applicability and amendments
Solely these Terms and Conditions are applicable to the creation of, content of and compliance with all Agreements between the Client and GastroLocos.
Entering into an Agreement with GastroLocos will result in the Client’s unconditional acceptance of the applicability of these Terms and Conditions.
Any terms used by the Client that contradict these Terms and Conditions are rejected and are therefore not applicable to any Agreement between GastroLocos and Client.
In the event that one or more of the provisions in these Terms and Conditions are found to be void, either in whole or in part, the remaining provisions will remain in force. GastroLocos will formulate new provisions to replace the voided provisions, during which the scope of the original provisions has to be considered carefully.
GastroLocos is permitted to amend these Terms and Conditions unilaterally. The amended Terms and Conditions are immediately applicable to any Agreements entered into after the amendments have been implemented, and 30 days after written announcement of the amendment to the Client for previously existent Agreements.
If GastroLocos enters into a separate agreement with any Client, these Terms and Conditions shall be applicable. Where the terms of this separate agreement conflict with these Terms and Conditions, the terms of the agreement shall prevail.
Quotations and basis of Agreement
Quotations and offers made by GastroLocos are, at all times, without obligation and revocable.
GastroLocos cannot be held to its Quotations or offers when Client can reasonably understand that the Quotation or offer, in whole or in part, contains a mistake or error.
Any and all quotes in Quotations or offers are possibly subject to alteration as a result of unforeseen changes in the Services. If additional Services are requested or deemed necessary, the revision of the Quotation will always be communicated before GastroLocos commences the additional work.
Quotations and offers made by GastroLocos do not automatically apply to future Orders.
Execution of Agreement and Services
GastroLocos will execute the Agreement to the best of its knowledge and ability. However, GastroLocos only has a best-efforts obligation, not a results obligation.
GastroLocos’ website design Services are subjective. For this reason, we will continue to work with the Client until the Client agrees in writing to be satisfied with the design.
It may happen that GastroLocos exceeds a timeframe agreed upon with the Client for any reason. GastroLocos will inform the Client timely and in writing if this may happen. This does not permit the Client to terminate the Agreement, nor does it allow for a refund. In the event that the quoted time has drastically increased, GastroLocos and the Client will jointly come to an agreement how to resolve the situation.
If and insofar as the proper execution of the Agreement requires, GastroLocos has the right to have certain Services performed by third parties or to sub-contract the Services or part thereof.
GastroLocos shall have the right to make changes to the Services to the extent necessary to comply with applicable law or similar requirements, or which do not materially affect the nature or the quality of the Services.
The Client must ensure that all data, tools and information, of which GastroLocos has stated it is required for the performance of the Agreement, or of which the Client should reasonably understand it to be necessary for such performance, will be provided to GastroLocos in a timely, complete and correct manner. If the information required for the implementation of the Agreement has not been provided as aforementioned, GastroLocos has the right to suspend the implementation of the Agreement and/or to charge the Client the additional costs resulting from the delay, in accordance with the rates applied.
The Client shall duly inform GastroLocos of any fact and circumstances that may be relevant in connection with the execution of the Services.
Client must maintain the confidentiality of the passwords and account information and agrees to notify GastroLocos if the Client suspects a password is lost, stolen, or disclosed to an unauthorized third-party, or otherwise may have been compromised.
Any of the Client’s (service) account(s) that GastroLocos acquires access to in order to complete the Services under these Terms and Conditions will be treated safely and with the utmost respect.
GastroLocos has the right, in its sole discretion, to refuse or terminate Services to any Client for any reason and at any time.
When using the Services, the Client shall not upload, submit, publish, transmit, or otherwise communicate any content that:
is defamatory, libellous, or inaccurate;
is abusive or threatening towards others;
is offensive, hateful, obscene, or pornographic;
infringes the intellectual property rights of any third party;
violates the law or regulation of the Client’s jurisdiction, or these Terms and Conditions;
advocates illegal activity;
advertises or otherwise solicits funds; or
is treated as confidential.
Payment and terms of payment
The payment obligation is assumed by the Client automatically upon entering into an Agreement with GastroLocos.
All prices mentioned on the Website or anywhere else are amounts in Euro’s (€) unless explicitly stated otherwise.
GastroLocos reserves the right to increase its fee rates for (ongoing) Services, for any reason and at any time. GastroLocos shall notify the Client timely so that Client can decide whether to continue using the Services under the new pricing.
All subscriptions are subject to a one-time set up and launch fee, which shall be immediately due upon entering into this Agreement. This fee is non-refundable. GastroLocos is only obliged to start offering Services after the set up and launch fee is paid by the Client.
The monthly fee the Client agrees to is a recurring fee which will be automatically renewed at the end of each month. Client must notify GastroLocos if it wants to terminate a subscription at least 7 days before the subscription renews.
If any monthly recurring fee is not paid by the Client for over a period of 30 days, GastroLocos may temporarily seize providing the Services. The Services will be reinstated once payment has been made in full by the Client.
If the Client remains in default after 60 days and after receiving an official reminder from GastroLocos, GastroLocos will proceed to recovery. The costs related to these proceedings will be borne by the Client. If the Client is declared in default, the Client will owe GastroLocos, in addition to the principal sum, statutory (commercial) interest, (extra)judicial collection costs, attorney’s fees, and possibly other damages.
In the event of liquidation, bankruptcy, or suspension of payment of the Client, the claims of GastroLocos on the Client are immediately due and payable.
Use and intellectual property
GastroLocos will – also after termination or completion of the Agreement – be entitled to use the works it created for the Client on which intellectual property rights rest for promotion and/or publicity purposes.
Unless otherwise agreed upon in writing, Client receives all rights and powers with regard to the intellectual property in the works created by GastroLocos for the Client.
The Client does not have any ownership of the coding used on the website, they cannot copy, modify, lease, or sell the code without GastroLocos’ explicit permission.
The Client receives a license from GastroLocos for the use of copyrighted works that GastroLocos created in the execution of the Agreement. This license only applies as long as the Client meets its financial obligations.
The Client grants GastroLocos an unlimited, royalty-free, worldwide, and non-exclusive license to use any of the material and content provided by the Client for the Services under these Terms and Conditions.
Client hereby warrants and represents not to use any material or content which they do not have the rights to, or otherwise provide any such content to GastroLocos. Client will indemnify GastroLocos for any violation of a third party’s intellectual property rights caused by the Client.
Neither party will use confidential business information of the other party or provide this to any third party, except for complying with the obligations that directly arise from the Agreement. Both parties must take all precautions that can be reasonably assumed necessary to prevent unauthorized employees or third parties from disclosing this information.
Liability and indemnification
To the maximum extent permitted by applicable law, GastroLocos makes no representations or warranties about the accuracy, correctness, quality, or completeness of any information, files, or documents provided on or through the Services and/or the Website, both by itself and by third parties.
The Client acknowledges to be fully informed about the unreliability of the internet, in particular regarding security breaches relating to the transmission of data, and that no guarantees are given as to the size and speed of data transmission. GastroLocos cannot be held liable for unforeseeable events such as security breaches concerning the transmission of data or for guaranteeing data transmission of a certain size or speed.
GastroLocos is not liable for possible damage caused by the performance of the Agreement, both by itself and by third parties, except in the case of intent or deliberate recklessness on the part of GastroLocos, provided that it has been demonstrated by the Client.
If GastroLocos is deemed liable, this liability is at all times limited to direct damage. GastroLocos is not liable for indirect and/or consequential damage. The liability of GastroLocos is, in any case, limited to the maximum value of the Agreement in the 3 months preceding the damage.
GastroLocos will not be liable in any way for any of the third-party services that are used by the Client but facilitated by GastroLocos.
To the extent permitted by applicable law, the Client indemnifies GastroLocos against all claims from third parties for compensation of damage. If GastroLocos is held liable by a third party in relation to the Agreement, the Client is obliged to pay GastroLocos all costs related to this, and the Client is obliged to take responsibility for the liability.
To the extent permitted by applicable law, every claim for compensation on GastroLocos is barred by the lapse of one year after the start of the day following that on which the Client became aware of the damage.
The Client is liable for all damage that GastroLocos may suffer as a result of a direct failure attributable to the Client in the fulfilment of the obligations arising from this Agreement.
In the event of force majeure, there is no shortcoming attributable to GastroLocos. Force majeure in these Terms and Conditions is understood to mean any circumstance independent of the will of GastroLocos – even if it was foreseeable at the time the Agreement was concluded – which permanently or temporarily prevents fulfilment of the Agreement, and – to the extent not already therein included – war, danger of war, civil war, riot, strike, transport difficulties, computer malfunctions, power outages, public health crises such as a pandemic or epidemic, staff illness and all external causes, foreseen or not foreseen, on which GastroLocos does not have any influence. GastroLocos and the Client will come to a solution to which both can agree in the event of force majeure.
Duration and termination agreement
The Agreement is entered into for an indefinite period of time unless agreed upon otherwise in writing.
Client may terminate this Agreement anytime by notifying GastroLocos at least 7 days in advance of a new monthly term commencing. Upon termination, the Client will no longer receive any support or service from GastroLocos. The Client may decide to retain GastroLocos for webhosting and domain service, for which the Client shall pay €130 per year. If the Client wants to use another party for webhosting, the Client shall have 30 days from the first day that their subscription ends to transfer their website to a new provider. Upon expiry of these 30 days, GastroLocos will set the Client’s website to offline.
GastroLocos is entitled to terminate the Agreement with the Client (without stating the reason and/or observing a cancellation period) if: (i) the bankruptcy of the Client is pronounced; (ii) Client applies for its own bankruptcy or suspension of payment; (iii) a substantial part of the Client’s assets is seized; (iv) Client violates applicable laws or regulations, including (but not limited to) legislation relating to: criminal liability, fraud, misappropriation, (bankruptcy) fraud, bribery or corruption; or (v) Client acts unlawfully towards GastroLocos.
If the Agreement is terminated by GastroLocos due to an attributable failure in the fulfilment of the Agreement by the Client, the Client must pay the costs incurred with regard to the Services performed up to then. Behaviour of the Client on the basis of which GastroLocos can no longer reasonably be expected to complete the Agreement, is in this context also regarded as an attributable failure.
GastroLocos does not allow the Client to use any of the works created under the Services or in any other way related thereto if the Agreement is terminated prematurely. Any licence that GastroLocos has provided to the Client, or any works made available to the Client before termination of the Agreement, remain in the sole ownership of GastroLocos. Any of the Services provided by GastroLocos may also not be used by any third party service provider in any way, including, but not limited to, to provide to the Client services similar or identical to the Services under this Agreement.
Provisions herein which expressly or by implication survive termination shall continue in full force and effect.
Complaints about the implementation of the Services or these Terms and Conditions must be submitted fully and clearly to GastroLocos within a reasonable time after the Client has discovered the defects.
The Client must, in any case, give Scitodate four (2) weeks to resolve the complaint in mutual consultation.
Only Swiss law applies to the legal relationship between GastroLocos and the Client.
The Courts of Switzerland are competent (in the first instance) to take cognizance of any dispute between GastroLocos and the Client, unless the law prescribes otherwise.
Questions about these Terms and Conditions can be sent to firstname.lastname@example.org