Terms of Sales

Revision from 01.02.2024

Provisions applicable to all products of
NovAgency Co.,Ltd – International Web Agency

0. Preamble

Novageny Co., Ltd is a company registered at DBD Chonburi.
The following designations refer to it: Novagency, Novagency.ch, Novagency International Web Agency.

  1. Scope

These general conditions of sale (CGV) apply to all products and services provided by NovAgency Co.,Ltd. – hereinafter referred to as “the service provider”.

The service provider reserves the right to modify these conditions at any time.

  1. Entry into force, duration of the contract and termination

The contract binding the service provider and its customer will come into force after a period of 7 days from the date of the online order made by or in the presence of the customer.

Each contract is concluded for a period of one year, with tacit renewal from year to year, unless the client informs NovAgency Co., Ltd, in writing or by email, at least 20 days before the end of the contract. year taken into account, that he no longer wishes to continue his collaboration.

The year taken into account begins the month in which the product ordered is put online if this takes place during the first 10 days of the month, it begins on the 1st of the following month if the product ordered is put online takes place after the 10th of the month.

  1. Billing

The invoicing of the product will be sent as soon as it is put online, with a deadline on the 20th of the current month if this takes place during the first 10 days of the month, on the 20th of the following month if this posting takes place. -line takes place after the 10th of the month.

The full amount of the contract is due as soon as the site is ready to go live or NovAgency Co.,Ltd. does not obtain (within 10 days following a request) the information allowing it to move forward with the creation of the site (mainly texts and images).

If the on-line is postponed at the customer's request, the amount corresponding to the entire contract will still be fully due from the beginning of the 3rd month after the date of the online order, and the customer will therefore be billed for all the services ordered.

Rem: installment payments : annual subscriptions can be paid in installments at the customer's request. In this case the amount is increased by a few 20%, then rounded up to offer 12 monthly payments. The first monthly payment will be accompanied by the payment of the 12th monthly payment which will in all cases remain the property of Novagency Co., Ltd as a guarantee amount. Thereafter, it is up to the customer to pay their monthly payments by the 1st of each month, failing which the service will be instantly cut off, without notice, and a fixed amount of 50.- will be required for its return to service.

  1. File opening fees

When ordering the costs of opening and analyzing the file may have been claimed by NovAgency Co.,Ltd. These will under no circumstances be returned to the customer.

  1. Renewals

Without denunciation of the contract on the part of the customer, it will be renewed at the end of the year taken into account. The termination period being 20 days, renewals will be established between the 10th and the end of the month, with expiry on the 20th of the following month.

  1. Terminations and late terminations

If the customer wishes to terminate his contract, he simply needs to communicate this (in writing or by email) to NovAgency Co.,Ltd. at any time during the current year, but before the last 20 days of the same current year. In this case there will be no fees charged and the service will be stopped at the end of the current year or earlier if this is the customer's wishes.

If the customer announces his non-renewal after the requested 20 days, he may still be billed for his domain name(s) if these are paid by NovAgency Co.,Ltd., as well as a partial amount for the hosting Web which will have been renewed for him by NovAgency co.,ltd. Except in exceptional circumstances, a lump sum of Chf 80.- is sufficient to cover these costs linked to such a delay in announcement.

  1. Unpaid bills

If an invoice is not paid when due, NovAgency Co.,Ltd. is entitled to temporarily suspend the site from the day following this deadline. Once the invoice has been paid, the site will be put back online no later than 24 hours following receipt of the invoice amount.

In addition, reminder fees may be charged. These are fixed at Chf 15.- for a second reminder and at Chf 25.- for a third reminder.

Beyond 60 days late, NovAgency Co.,Ltd. reserves the right to demand full payment through legal proceedings and to charge CHF 150 for administrative costs.

      Specific conditions related to our websites 

      1. Web and email hosting

      NovAgency Co.,Ltd. will host your site on its servers shared with Infomaniak SA. Thus all your data will be stored and managed in Switzerland, and you will benefit from the technological monitoring tools of NovAgency Co.,Ltd. for your own site. If the client wishes NovAgency Co.,Ltd. can also manage email hosting for the client in the same way.

       

      1. Domain name

      The customer is advised to remain the sole owner of his domain name(s). However, at the request of the client, NovAgency Co.,Ltd. may manage this for him in one of the following ways: either following a transfer of this domain name to NovAgency Co.,Ltd., or after having been designated as administrator of this name.

      As part of the choice of domain name, the customer expressly declares and guarantees that he respects any rights of third parties, in particular those resulting from the law of trade names, copyright and trademark law.

       

      1. Service availability

      The services are generally available 24 hours a day, 7 days a week. The customer acknowledges that the availability of the service may be temporarily interrupted due to technical problems or maintenance or upkeep work. The customer also notes that if service unavailability should occur, those whose origin is not directly attributable to NovAgency Co.,Ltd. cannot under any circumstances be attributed to him and that no financial compensation can be claimed for such acts.

       

      1. Assistance, support and updates

      With each of our services you have assistance and support 6/7 from 8:30 a.m. to 9:30 p.m. In the event of a heavy load, you may be asked to leave a message or reserve a slot in the appointment calendar.

      Regarding unlimited updates: by updates we mean the modifications of text and images contained on your site once published, for which it is advisable that you provide us with the following information: the text / image original and the text/image that will replace the original; we also include small text additions or small paragraphs. The modification of complete structure such as the addition of pages or of consequent block of text and image is not part of an update but will be the object of an overhaul or an extension.

        1. Access to site content

        The customer who so wishes may at any time have access to modify the content of his website, with the exception of elements that could jeopardize the shared elements (certain plugins, imports/exports, access to the theme) and FTP access. The customer is then responsible for his actions on the site and for the possible dissemination of his access to third parties.

        1. Content of the website

        The customer is solely responsible for the contents of his website. It ensures that these contents do not infringe the legal provisions and do not present any pornographic, defamatory, importunate, derogatory or otherwise inappropriate nature, that they do not incite violence and are not contrary to morality.

        The links included in its site and referring to other external sites are only authorized if they meet the same conditions as those set out above.

        If the service provider finds that the customer is in any way infringing the provisions of this article, the service provider has the right to suspend its service until a situation consistent with the contract is restored.

        1. Intellectual property

        The legal notices defined on the site answer questions related to intellectual property rights. It is explicitly specified that the client is the owner of the intellectual property rights or holds the usage rights on all elements accessible on the site, in particular: texts, images, graphics, logo, icons, etc. and that NovAgency Co.,Ltd. owns the intellectual property rights to the design and structure of the site.

        1. In the event of termination

        In the event of termination of the contract, the client may request to receive the sources of its website (purified of specific elements of which the property is at all times solely with NovAgency Co.,Ltd). For this NovAgency Co.,Ltd. will proceed with the purification of the elements concerned, then provide the client, for a flat rate of Chf 50.- per file, either a raw WordPress export of their site, or an “All in One Migration” export of the entire site, either a “WPvivid Backup” export of the entire site, or 2 or 3 of these files depending on the client's choice. NovAgency Co.,Ltd. will also transmit a user name and password allowing you to log in as administrator once the site is re-imported. On the other hand NovAgency Co.,Ltd. will in no way be responsible for the new implementation of the site nor for any problems related to the import of the site into the client's new environment. Please note that the import may require some pre-installed tools, for example Divi, Elementor, or other plugins specific to the site itself. These elements will not, under any circumstances, be attributable to NovAgency Co.,Ltd.. Furthermore, the intellectual property of the design and structure of the apartment belongs to NovAgency Co.,Ltd., which therefore retains ownership at all times. right to reuse this design and content for another client. The transfer of these files cannot be requested if fees are still outstanding, whether charged fees, late payment interest or compensatory fees in the context of late termination.