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

1. Designation
NovAgency Co.,Ltd is a company registered in the DBD of Chonburi.
The following designations relate to it: Novagency, Novagency.ch, Novagency International Web Agency.

2. Scope of application
These general terms and conditions of sale (GTC) apply to all products and services provided by NovAgency Co., Ltd (hereinafter “the service provider”).

3. Entry into force, duration and termination
– The contract comes into force 7 days after the order, placed online, by email or by any other means.
– Each contract is concluded for a period of one year, with tacit renewal from year to year, unless termination is notified at least 20 days before the end of the contractual period.
– The reference year begins in the month the site goes online if this occurs within the first 10 days of the month, or on the 1st of the following month otherwise.

4. Provision and discharge provision
– A deposit of CHF 250.– is required for each contract. This includes a down payment of CHF 150.– for the creation and a deposit to cover exit costs.
– This deposit remains in all cases the property of Novagency.
– The release provision includes the exit transfer fees and entitles the holder to:
    a) in the event of non-renewal announced within the specified time frame:
    • free delivery of a transfer file;
    • keeping the site online for an additional 30 days (provided your domain name is still active)
    b) in case of late notification:
    • delivery of the first transfer file at the reduced price of CHF 50.– (instead of CHF 100.–).

5. Billing
– The invoice for the balance to be paid is issued and is deemed due as soon as the site is ready to be published or NovAgency does not obtain, within 10 days of its request, the necessary information (texts, images).
– All our invoices are sent to the customer only by email and/or WhatsApp.
– The full amount remains due, even if the online launch is postponed at the client's request.
– The first month of the subscription (maintenance package) is the current month if the date on which the site is ready to be online is between the 1 and the 12 of the current month, it will be the following month in other cases.

6. Installment payments
– The balance due and annual subscriptions can be paid in 1, 2, 3, or 12 installments.
– In the case of staggered payments, an increase in the total price is calculated (respectively 5%, 10%, or 20%), and the amount of each fraction is rounded up to the nearest ten.
– Annual subscriptions can be paid in 12 monthly installments, requiring an initial lump sum payment of 400.- upon ordering (in addition to the release provision), the balance being calculated in 11 monthly installments.
– The first monthly payment is due as soon as the site is ready to go online.
– Payment must be made no later than the 1st of each month. Otherwise, the service will be suspended without notice and a reactivation fee of CHF 80.– will be charged.

7. Renewals
– Unless terminated within the time limit, the subscription is automatically renewed for 12 months.
– Renewal invoices are sent between the 10th and the end of the last month of the subscription, with a due date at the end of the month, i.e. before the start of the new subscription period.
– The full amount of the renewal remains due if the contract has not been terminated within the required timeframe.

8. Deadlines
– The due date is set at the end of the current month (the month of invoicing).
– An additional period of 4 days is granted before the suspension procedure is activated.
– Payment must be received by the service provider no later than 12:00 on the day of the payment due date.

9. Reminders
– A deadline reminder can be sent a few days before the deadline, in order to avoid any automatic blocking of the site.
– In case of non-payment, a reminder may be sent.
– All reminders are sent exclusively by email and/or WhatsApp to the customer.
– Beyond 60 days, NovAgency reserves the right to initiate legal proceedings and charge CHF 150.– in administrative costs.

10. Suspension
– Any site not paid on the due date may be suspended without notice.
– The suspension does not release the customer from his payment obligation.

11. Lifting of suspension
– Restoring a suspended site online requires payment of the initial invoice and a fixed fee of CHF 100.
– The online re-upload is completed within 3 working days following payment.

12. Normal termination
– The customer can terminate his contract in writing, by email or simply by WhatsApp, no later than the 9th of the last month of his current subscription.
– No fees are applied, and the service is maintained until the end of the contract period.

13. Late Termination
– In the event of termination after the notice period, but before the collection deadline, a flat-rate fee of CHF 100.– will be charged.

14. Transfer upon termination
In the event of termination, the customer may request certain elements related to their site:
– Domain names : transferred free of charge upon request, if managed by NovAgency.
– Site Content : delivered within 5 days, stripped of NovAgency-exclusive elements, via one of the following formats: raw WordPress export, All in One WP Migration, or WPvivid Backup. Administrator access (username + password) is provided.
– Transfer fees : CHF 100.– for the first file, CHF 50.– for each additional file.
• First file free if the non-renewal is announced within the deadlines and there has been a deposit of the provisional discharge.
• First file charged CHF 50.– in case of late notification and if there has been a deposit of the discharge provision.
• Shipment is conditional upon payment of all amounts due.
– Technical limitations : depending on the size of the site, some exports may require a premium version of the plugin used. This license remains the responsibility of the customer.
– Responsibilities : NovAgency does not guarantee site reinstallation or troubleshooting for any issues related to its import. Certain tools (e.g., Divi, Elementor, or specific plugins) may be required.
– Intellectual property : the design and structure of the site remain the exclusive property of NovAgency, which reserves the right to reuse them. The client may not use them without prior written consent.

15. Intellectual Property
– The client holds the intellectual property rights to the texts and images it provides.
– It has a right of use on the other elements integrated into the site.
– NovAgency remains the exclusive owner of the design and structure of the site.

16. Web and email hosting
– The sites are hosted on shared Infomaniak SA servers (Switzerland).
– NovAgency can also manage email hosting at the client's request.

17. Domain name
– The customer is invited to remain the owner of his domain names.
– At its request, NovAgency can manage the domain by transfer or as administrator.
– The customer guarantees that his choice of domain name respects the rights of third parties (trade, trademark, copyright).

18. Availability of Services
– Services available 24/7 except for technical interruptions or maintenance.
– NovAgency is not responsible for unavailability attributable to third parties.

19. Assistance and Support
– Assistance available 6 days a week, from 8:30 a.m. to 9:30 p.m.
– In case of high demand, a message or an appointment may be requested.

20. Updates
– Includes: changes to existing texts/images and small additions.
– Excluded: structural redesigns (adding pages or large content), invoiced separately.

21. Access to Content
– The customer can obtain modification access to his site.
– Certain sensitive accesses (critical plugins, FTP, theme) may be excluded for security reasons.

22. Published Content
– The customer is solely responsible for the content of his site.
– Content must comply with the law and not be defamatory, offensive, pornographic, inciting hatred or contrary to public morality.
– NovAgency may suspend a site in the event of non-compliance.

23. Legal notices and confidentiality
– Only the legal notices and privacy policies drawn up by NovAgency are valid.
– The client can add an addition but not modify the texts provided.
– These texts remain the property of NovAgency and may not be copied without written permission.