General Terms and Conditions (GTC): Pragmasite

Version: 19.09.2026

This English version is a translation provided for convenience and understanding. In the event of any ambiguity, divergent interpretation, or contradiction arising from the translation, the German version shall prevail and clarifies any possible misunderstanding.

1. Scope of application

These General Terms and Conditions ("GTC") govern all services provided by Pragmasite ("the service provider") to its customers ("the customer"), in particular the provision ("rental") of a website on a subscription basis, hosting, included requests, and supplementary services.

Any booking, acceptance of an offer / quotation, confirmation by e-mail, or payment shall be deemed acceptance of the GTC.

2. Identity of the service provider

Be Clément, a sole proprietorship operating under the name Pragmasite

Address: Route de la Broye 25, 1700 Fribourg, Switzerland

E-mail: info@pragmasite.ch

UID: CHE-456.542.901

VAT: not applicable

3. Offer and subscription plans

Plans, options, services, limits, and prices are described on pragmasite.ch. The service provider may adjust them for the future.

The contractual terms applicable to the customer are those accepted at the time of conclusion of the contract and, where applicable, those in force at the time of automatic renewal.

Changes to prices, plans, and service contents shall apply only to future contract periods.

The service provider shall inform the customer of material changes no later than 30 days before the start of the next contract period in an appropriate form (e.g. by e-mail). If the customer does not object to the changes and does not terminate the contract before the beginning of the new contract period, the amended terms shall apply from renewal onward.

Any change published on pragmasite.ch shall have no retroactive effect and shall not apply during an ongoing annual period, unless otherwise agreed in writing.

4. Services

The service provider offers in particular:

• provision of a website on a subscription basis, including hosting;
• initial creation and adjustments of the website according to the plan and needs;
• requests concerning content, sections and pages, and minor adjustments (according to the plan and Art. 9);
• e-mail options, domain, and functionalities according to the plan or quotation;
• additional services by quotation or on an hourly basis (see Art. 10).

The exact scope of services depends on the chosen plan and/or the written agreement of the parties.

Initial creation scope is agreed in writing separately from annual care. Additional creation work and its price require agreement before work begins. Plans impose no default page or language limits.

Essential does not include a domain; an optional .ch domain costs CHF 10 per year. Comfort and Pro each include one .ch domain. Included email allocations are 1 for Essential, 5 for Comfort and 10 for Pro. Additional addresses and domains are quoted and agreed before provisioning. Provider storage limits and acceptable-use conditions apply; third-party licenses are quoted separately. Priority support does not guarantee a response time.

All plans include an initial search and AI assessment, optimization within the agreed creation scope and verification with AI Radar at launch. Rankings, AI citations, leads and continuous monitoring are not guaranteed.

5. Free draft

At its sole discretion, the service provider may offer the creation of a draft (prototype / preview / design proposal) as "free" and "non-binding".

This free draft:

• constitutes a commercial measure;
• is created subject to the service provider's availability, without any guarantee of performance or deadline;
• is limited to a reasonable effort. As a guideline, a free draft generally corresponds to a maximum of about 8 hours of work.

The service provider reserves the right to:

• refuse a request for a free draft;
• interrupt the creation of the free draft at any time;
• or submit a quotation (or provide for hourly billing at the applicable rate) if the request requires greater effort, an advanced draft, several variants, in-depth research / iterations, or specific technical elements.

Unless otherwise agreed in writing, the draft (including files and design elements) remains the property of the service provider and may not be reproduced, reused, or passed on to third parties.

The free nature, scope, and extent of the free draft shall be assessed exclusively by the service provider.

6. Conclusion of the contract

The contract is concluded upon the first occurrence of any of the following events:

• written acceptance (e-mail is sufficient) of an offer / quotation / plan / free draft;
• payment (in whole or in part);
• commencement of services at the customer's request.

7. Term, annual billing, renewal, and termination

The subscription is concluded for a term of twelve (12) months, billed annually, and payable in advance.

Upon expiry, the subscription is automatically renewed for a further twelve (12) months, unless the customer terminates it in writing (e-mail is sufficient) at least one (1) month before the renewal date.

Termination during the current year is not possible, and there shall be no entitlement to a pro rata refund, unless otherwise agreed in writing.

In the event of renewal, the invoiced amount and included services shall correspond to the terms in force at the time of renewal and published on pragmasite.ch, unless otherwise agreed in writing.

8. Prices and payment terms

Prices are stated in CHF.

Invoices are payable within 30 days (net) by invoice / bank transfer (including QR invoice, where applicable).

9. Included requests

9.1 Definition and classification

Included requests cover:

• adding, editing or removing content (text, images, information), sections and pages using the website’s existing design and functionality;
• minor adjustments (simple layout retouching, slight corrections).

The service provider reserves the right to classify a request, depending on its complexity, scope, and impact on the structure, design, or functionality of the website, as: (i) an included request, (ii) a service outside the scope, or (iii) a major further development / comprehensive redesign.

Simple editing access to agreed content is included in every plan when arranged at website creation. Self-editing does not consume included requests.

9.2 Billing rule

One included request covers up to one (1) hour of work. Several small tasks can be bundled into one request.

• Each started hour consumes one included request: 5 minutes consumes one request; 90 minutes consumes two.
• A larger request may consume several included requests.
• Unused requests are not carried over to the next period, unless otherwise agreed in writing.

9.3 Annual limits

The number of included requests is the number published on pragmasite.ch at the time of signing and, where applicable, at the time of renewal (pursuant to Art. 3).

For custom projects, the quote defines the included request allowance; no implicit allowance applies.

9.4 Exclusions

The following are excluded in particular (non-exhaustive list): comprehensive redesign, new overall structure / global design, creation of new functionalities, e-commerce (unless provided for in the plan), custom integrations (CRM / API / payments / automations), technical migration / change of tools or CMS / change of stack, any request involving significant complexity.

Such requests shall be handled in accordance with Art. 10.

9.5 Exceeding limits / outside scope

If a request exceeds the number of included requests or falls outside the scope defined in Arts. 9.1 and 9.4, it shall be carried out:

• by quotation, or
• on an hourly basis at the rate of CHF 100.–/h (Art. 10),

as agreed by the parties.

Customer agreement to a quote or the CHF 100/hour rate is required before exceeding the allowance or performing separately charged work.

9.6 No deadline guarantee

Unless expressly confirmed in writing, there are no fixed execution, response, or restoration deadlines. The service provider shall process requests according to availability, urgency, and operational prioritization.

9.7 Visibility and improvement review

Essential and Comfort do not include an annual review; a review may be purchased under an agreed scope and quote. Pro includes one one-hour review per subscription year covering AI Radar, available visitor statistics and recommendations. The provider initiates contact in the final quarter of the subscription year and follows up once if needed. It coordinates approved next steps; implementation uses remaining requests or a separate quote. Unused, declined or unanswered reviews do not roll over.

10. Additional services

Any service not included in the plan shall be:

• either provided by quotation,
• or billed on an hourly basis at the rate of CHF 100.–/h,

unless otherwise agreed in writing.

11. Customer obligations and cooperation

The customer undertakes to:

• provide the required information, content, and access rights in due time (texts, images, login data, approvals, etc.). If the provision of services is delayed due to missing, incomplete, or late cooperation by the customer, any deadlines shall be extended appropriately. Additional costs may be billed according to the work involved;
• ensure that they hold the rights to the transmitted content (texts, images, logos, trademarks, etc.);
• review and approve content relating to them (contact details, prices, notices, etc.). Unless the customer objects in writing within 14 calendar days to a website or modification submitted for review, it shall be deemed approved. Minor defects shall not prevent acceptance.

The customer remains responsible for the legality, accuracy, and updating of the information published on their website.

12. Website ownership, buyout and handover

Ownership of website-specific deliverables accrues after 36 fully paid subscription months for the same website. Prepaid and historic paid months count immediately and equally, regardless of tier or historic price. Paying the third annual invoice therefore normally reaches this threshold at the start of year three. Only paid, nonrefunded subscription periods count.

Early buyout equals CHF 29 × the months remaining until 36, floored at zero. The CHF 29 base is fixed independently of plan upgrades or later prices. Creation fees, extras and buyout payments do not add service months or reduce this calculation unless individually agreed in writing. Early buyout transfers ownership after payment and delivery. It does not cancel the annual agreement or refund prepaid services.

The customer retains their own content and pre-existing elements. Transfer covers website-specific deliverables; reusable Pragmasite components remain with Pragmasite, with lasting rights to operate and modify the delivered website. Third-party assets remain subject to their licenses. Secrets, shared accounts and other customers’ information are excluded from handover.

Before ownership accrues, use depends on the paid subscription. After acquisition, ending hosting or cancelling service does not revoke acquired rights. Continuing hosting, email and care remain chargeable at the agreed subscription price. Separately quoted custom projects may specify different ownership arrangements.

A requested and performed website handover incurs a one-time CHF 200 fee for technical cleanup, source and asset preparation and delivery with available deployment instructions. This fee is added to any remaining buyout even when that amount is zero. Ownership accrual alone while Pragmasite continues providing care does not trigger the fee. Migration, new hosting setup, email migration and replacement of nontransferable services are quoted separately.

13. Hosting and technical services

Hosting is included in the subscription depending on the plan. The service provider is entitled to use third-party providers to perform the services.

Scheduled maintenance work may lead to temporary interruptions.

Unless expressly agreed otherwise, the service provider does not owe any specific availability, any specific SLA, or any at-all-times restorability of individual data states.

Any backups primarily serve operational security purposes and, absent express agreement, do not establish any entitlement to full or at-all-times restoration.

14. Late payment, reminders, and suspension

If payment is not made by the due date, the service provider shall contact the customer (first reminder). If payment is still not made, the service provider may send a second and final reminder, setting out in particular the consequences of non-payment.

The customer shall be in default automatically upon expiry of the payment deadline, without any further reminder.

In such case, the service provider may suspend all or some services (website, options, e-mails, etc.) until the amounts due have been paid in full, without the customer being entitled to any reduction, set-off, or compensation. In the event of suspension, the customer's payment obligations remain in force.

The service provider is entitled to claim statutory default interest as well as reasonable reminder and debt collection costs.

15. Data protection

The customer is responsible for ensuring that their website complies with the applicable obligations (privacy policy, cookies, notices, etc.). The service provider may provide technical support without providing legal advice.

Insofar as the service provider processes personal data on behalf of the customer in the course of providing the services, it acts as a processor within the meaning of the applicable data protection law.

The service provider processes personal data exclusively for the performance of the contractual services and in compliance with appropriate technical and organizational security measures.

The customer remains principally responsible for the lawfulness of the personal data processed and for the content of their website. The use of sub-processors (e.g. hosting providers, e-mail providers, technical tools) remains reserved.

16. Warranty and liability

The service provider shall perform its services with due care and in accordance with good professional practice.

The service provider shall be liable for proven direct damage caused by its fault. To the extent permitted by law, liability is limited to the amount actually paid by the customer for the affected contract period.

To the extent permitted by law, liability is excluded for indirect damage and consequential damage, loss of profit, loss of revenue, indirect consequences of defects, loss of data.

17. References (portfolio)

Unless the customer objects in writing, the service provider may use the project name, logo, a screenshot, and a link to the published website as a reference. Confidential information shall not be disclosed.

18. Amendment of the GTC

The service provider may unilaterally amend the GTC for the future. The applicable GTC are those in force at the time of conclusion of the contract and, where applicable, at the time of renewal in accordance with Art. 3.

19. Applicable law and place of jurisdiction

These GTC are governed by Swiss law.

Place of jurisdiction: Fribourg (FR), Switzerland, subject to mandatory places of jurisdiction.