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

1. Designation
– Novageny Co., Ltd is a company registered in DBD of Chonburi.
– The following designations refer to it: Novagency, Novagency.ch, Novagency International Web Agengy.

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

3. Entry into force, duration of the contract and termination
– The contract binding the service provider and its client will come into force after a period of 7 days from the date of the order, made online, by email, or by any means, by or in the presence of the client.
– 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 year in question, that he no longer wishes to continue his collaboration.
– The year taken into account begins the month the ordered product 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 ordered product is put online after the 10th of the month.

4. File opening costs
– When ordering, file opening and analysis fees may be requested by NovAgency Co.,Ltd.
– These will not be returned to the customer under any circumstances.

5. Billing
– The product will be invoiced as soon as it is put online, with a due date of the 20th of the current month if this occurs during the first 10 days of the month, or of the 20th of the following month if this occurs after the 10th of the month.
– The amount corresponding to the entire contract is due as soon as the site is ready to be put online 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 (essentially the texts and images).
– If the online publication is postponed at the request of the customer, the amount corresponding to the entire contract will still be fully due from the beginning of the 2nd month after the date of the online order, and the customer will therefore be billed for all the services ordered.

6. Renewals
– Without termination of the contract by the customer, the current subscription will be tacitly renewed at the end of the current year (i.e. the 12 months covered by the previous payment). The termination period being 20 days before this end date of the subscription, the renewal amount is and remains due from the 10th of the last month of the current subscription.
– Renewal invoices are established and sent, by email, between the 10th and the end of the month, with a due date of the 20th of the following month.
– Invoices therefore remain due in all cases if the subscription has not been cancelled within the minimum period of 20 days before the end of the 12 months covered by the previous payment.

7. Installment payments
– Annual subscriptions may be subject to payment 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 remain in all cases the property of Novagency Co., Ltd as a guarantee amount.
– Subsequently, it is up to the customer to pay their monthly payments on the 1st of each month, failing which the service will be cut off immediately, without notice, and a flat rate of CHF 80.- will be required to restore it.

8. Deadline
– The actual deadline is at the end of the current valid period.
– Novagency Co.,Ltd grants an additional period of 20 days to facilitate payments; this is why a collection deadline is indicated on the invoices.
– The final due date considered is therefore this collection due date, at 8:00 a.m.
– This means that the corresponding amount must have reached the service provider's account by 8:00 a.m. on that day, otherwise the invoice is considered unpaid.
– It is the customer’s responsibility to trigger their order early enough for the amount to actually be taken into account for that day.

9. Reminders
– Due date reminder: the collection due date being the date on which the robots block unpaid sites, we send a due date reminder email a few days before this date in order to prevent any blocking.
– Reminder of unpaid debt: once the due date has passed, we send a first and possibly a second reminder of unpaid debt.
– Reminder fees: due date reminders do not incur any fees, unpaid reminders are set at a flat rate of CHF 50.- per reminder.
– Beyond 60 days of delay, NovAgency Co., Ltd. reserves the right to claim the full payment by way of legal proceedings and to charge CHF 150.- in administrative costs.

10. Suspension
– At the collection deadline, sites with an open invoice may be suspended without further notice.
– This suspension clearly states the customer’s contact details and the reasons for the suspension.
– The suspension of the site does not in any way release the customer from his obligation to pay his invoice; this therefore remains fully due.

11. Lifting of suspension
– The lifting of the suspension of a site involves an additional fixed cost of CHF 100.-
– Once the initial invoice and the suspension lifting fees have been collected by the service provider, the site will be put back online within 24 hours at the latest.
– Blocking a site does not in any way change the validity period of the service, which remains that corresponding to the initial invoice.

12. Normal termination
– If the customer wishes to terminate his contract, he simply has to communicate it (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, i.e. no later than the 10th of the last month of his active subscription (online or suspended).
– In this case, there will be no fees requested and the service will be stopped at the end of the current period (contractually covered) or earlier if this is the wish of the client.

13. Late Termination
– If the customer announces his non-renewal after the requested 20 days of notice, but before the due date for collection, Novagency Co., Ltd will accept this termination for a late termination fee. These include, among other things, covering the elements already renewed for the customer and additional administrative costs.
– Late termination fees are set at a flat rate of 100.-

14. Transfer upon termination
– When terminating his contract, the customer can request to receive certain elements related to his site:
– His/her domain name(s) will be transferred to him/her, free of charge, upon request, if they are managed by Novagency Co.,Ltd.
– The content of its site, stripped of specific elements whose ownership is and will remain at all times the sole property of NovAgency Co., Ltd., may be transmitted to it, within 5 days, using one or more of the following methods: a raw WordPress export, an “All in One WP Migration” export, a “WPvivid Backup” export. With these files, NovAgency Co., Ltd. will also transmit a username and password allowing you to log in as an administrator once the site is reimported.
– The costs of preparing and sending these files are set at CHF 100.- for the first file and CHF 50.- per additional file. The sending of the ordered files will only be done after receipt of all open amounts and upon receipt of these file transfer costs.
– NovAgency Co.,Ltd. will not be responsible for the new implementation of the site or for any problems related to the import of the site into the client's new environment.
– Please note that importing may require some pre-installed tools, such as Divi, Elementor, or other plugins specific to the site itself. These elements will not, in any case, be attributable to NovAgency Co.,Ltd.
– It is also specified that the intellectual property of the design and structure belongs to NovAgency Co., Ltd., which therefore retains at all times the right to reuse this design and content for another client and that the client is not authorized to use this design or structure without written consent from Novagency Co., Ltd.

15. Intellectual Property
– The legal notices defined on the site answer questions related to intellectual property rights. It is explicitly stated that the client holds the intellectual property rights on the texts and images that he himself has provided, that he holds the usage rights on all other elements of the site, and that NovAgency Co., Ltd. is the sole owner of the intellectual property rights on the design and structure of the site.

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

17. Domain name
– The customer is advised to remain the sole owner of his/her domain name(s). However, at the customer's request, NovAgency Co.,Ltd. may manage it for him/her 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.
– When choosing a domain name, the customer expressly declares and guarantees that he/she will respect any rights of third parties, in particular those resulting from the law of commercial reasons, copyright and trademark law.

18. Availability of the service
– 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 servicing work. The customer also notes that if service unavailability should occur, those whose origin is not directly attributable to NovAgency Co., Ltd. may not under any circumstances be attributed to it and that no financial compensation may be claimed for such events.

19. 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 case of heavy load, you may be asked to leave a message or reserve a slot in the appointment calendar.

20. Regarding unlimited updates
– By updates we mean changes to the text and images contained on your site once published, for which you should provide us with the following information: the original text/image and the text/image that will replace the original; we also include small additions of text or small paragraphs.
– However, changing the entire structure, such as adding pages or large blocks of text and images, is not part of an update but will be the subject of a redesign or extension.

21. Access to the content of the site
– The customer who wishes to do so may at any time have access to modify the content of his website, with the exception of elements that could jeopardize 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.

22. Content of the website
– The customer is solely responsible for the contents of his website. He ensures that these contents do not violate legal provisions and do not present any pornographic, defamatory, harassing, derogatory or otherwise inappropriate character, that they do not incite violence and are not contrary to good morals.
– Links included in its site and referring to other external sites are only authorized if they meet the same conditions as those stated above.
– If the service provider finds that the customer is in any way in breach of the provisions of this article, the service provider has the right to suspend its service until a situation in accordance with the contract is restored.

23. Obligation to accept the legal notices as defined by NovAgency Co.,Ltd
– Only the legal notices and privacy policies published and defined by NovAgency Co.,Ltd are accepted as legal bases.
– These are mandatory but may be supplemented by a “supplement to the legal notices” which may not under any circumstances replace any point whatsoever of the texts produced and validated by NovAgency Co, Ltd.
– These texts are and will always remain the property of NovAgency Co.,Ltd. It is further established that it is forbidden to copy them, in whole or in part, without written authorization from NovAgency Co.,Ltd.