Elchi Studios is a brand of Krauss Software, the sole proprietorship of Samuel Krauss, Oberägeri ZG, Switzerland. The counterparty is Krauss Software, owned by Samuel Krauss.
Elchi Studios | Krauss Software, Samuel Krauss
Im Ländli 18, 6315 Oberägeri, Switzerland
legal@elchi.dev | https://elchi.dev
Preamble
These General Terms and Conditions (GTC) govern the legal relationship between Krauss Software, the sole proprietorship of Samuel Krauss trading under the brand Elchi Studios (hereinafter "Service Provider"), and its clients (hereinafter "Client"). Elchi Studios provides services exclusively in the B2B (business-to-business) sector to companies, merchants, and self-employed individuals.
Section 1: Definitions
"Service Provider" refers to Krauss Software, the sole proprietorship of Samuel Krauss, with the brand Elchi Studios.
"Client" refers to the company or commercial operator engaging the services of Elchi Studios.
"Contract" refers to the individual service agreement between Service Provider and Client.
"Hosting Provider" refers to the providers from which the Service Provider obtains servers, storage and data centre services to deliver the agreed services. They are named in the Privacy Policy and the Data Processing Agreement (DPA). Where a project is hosted with another provider at the Client's request, the individual contract names that provider.
"Third-Party Services" refers to services, tools or APIs from third parties outside the direct sphere of influence of the Service Provider.
"Uptime" refers to the availability of a hosted client project within a calendar year, measured under clause 7.2, as a percentage.
Section 2: Scope and Formation of Contract
2.1 These GTC apply to all offers, order confirmations and services of Elchi Studios, unless otherwise agreed in writing.
2.2 The Client's deviating or supplementary GTC do not form part of the contract unless the Service Provider expressly agrees in writing.
2.3 Contracts are concluded by written order confirmation by the Service Provider or by a mutually signed service agreement.
2.4 Offers from the Service Provider are non-binding unless an express binding period is stated.
Section 3: Contracting Party
Elchi Studios is a brand of Krauss Software, the sole proprietorship of Samuel Krauss, seated in Oberägeri, Canton of Zug. Krauss Software is not entered in the commercial register; registration becomes mandatory under Art. 36 HRegV from an annual turnover of CHF 100,000. The counterparty to all agreements is Krauss Software; as its owner, Samuel Krauss is personally liable.
Section 4: Scope of Services
4.1 The specific scope of services is agreed in writing for each individual contract (offer, specification sheet or service agreement).
4.2 Elchi Studios provides in particular the following services:
- Conception, design and development of websites and web applications
- Hosting and technical operation of websites and web projects
- Technical consulting and project management
- Additional digital services as per individual agreement
4.3 Additional services outside the agreed scope are agreed and invoiced separately.
4.4 The Service Provider is entitled to delegate parts of the service delivery to qualified sub-contractors, provided this does not compromise quality. The Service Provider remains responsible to the Client in all cases.
Section 5: Client Obligations
5.1 The Client shall provide all information, materials, access credentials and decisions required for the provision of services in a timely manner.
5.2 Delays attributable to insufficient cooperation by the Client entitle the Service Provider to reasonably extend agreed deadlines; additional costs arising from such delays are borne by the Client.
5.3 The Client is responsible for the legality of content provided to the Service Provider (texts, images, trademarks, etc.) and shall indemnify the Service Provider against any third-party claims arising therefrom.
Section 6: Fees and Payment Terms
6.1 Fees are determined by the respective offer or service agreement.
6.2 Invoices are payable within 14 days of issue, unless otherwise agreed.
6.3 In the event of late payment, the Service Provider is entitled to charge default interest at a rate of 5% p.a.
6.4 The Client is not entitled to offset payments against its own claims unless these have been acknowledged by the Service Provider or established by a court.
6.5 For ongoing hosting contracts, the agreed fees are invoiced in advance for the respective billing period.
Section 7: Availability and Hosting SLA
7.1 For websites and applications that the Service Provider hosts under a client contract (hosted client projects), the Service Provider commits to an Uptime of 99.999 % per calendar year, which allows at most 5 minutes and 15 seconds of downtime a year. This commitment does not apply to Elchi Studios' own website at elchi.dev.
7.2 Uptime is measured from outside the infrastructure the Service Provider operates. For this purpose the Client's website is requested once per minute, at the address named in the individual contract or, where none is named, at the address of its home page. A minute counts as available if the website answers that request. It counts as unavailable if no answer or an error answer from the server (HTTP status code 5xx) is received. Uptime is the share of available minutes in all minutes of the calendar year; minutes under clause 7.3 are not counted. The Service Provider makes the measurements available to the Client on request.
7.3 Minutes in which the website does not answer, or answers with an error, for one of the following reasons are not counted:
- Maintenance windows the Service Provider has agreed with the Client beforehand
- Failures of the Client's domain, its domain registrar, or a DNS provider chosen by the Client
- Failures of other services outside the Service Provider's operation, such as third-party services chosen by the Client. The Hosting Providers and the DNS services the Service Provider itself uses are part of its operation; their failures are counted.
- Force majeure, meaning events outside the Service Provider's control that it cannot avert even with reasonable care, in particular by operating across several data centres (e.g. natural disasters, war, widespread failures of the power supply or of the internet)
- Interruptions the Client has caused or requested, and suspensions the Service Provider is legally obliged to make, for example by official order or because of unlawful content
7.4 What follows from a shortfall in the committed Uptime, for example a credit against the hosting fee, is set in the individual contract. Claims for damages are governed by Section 9.
Section 8: Liability for Third-Party Services
8.1 Elchi Studios accepts no liability for damages arising from the use of third-party services chosen or commissioned by the Client (e.g. payment providers, external APIs, social media services, third-party plugins).
8.2 Where Elchi Studios implements third-party services on behalf of the Client (e.g. Stripe, PayPal, external booking systems), Elchi Studios acts solely as a technical service provider. Responsibility for selecting, data-protection-compliant integration, and compliance with the terms of use of such services lies with the Client.
8.3 Violations of the terms of use or data protection provisions of third-party services by the Client are not attributable to the Service Provider.
Section 9: Liability
9.1 The Service Provider is liable without limitation, under the statutory provisions, for damage it causes intentionally or through gross negligence (Art. 100 para. 1 of the Swiss Code of Obligations, OR). The same applies to personal injury and to any other liability that cannot be excluded in advance under Swiss law. No provision of these GTC, including Section 8, limits this liability.
9.2 Liability of the Service Provider for slight negligence is excluded to the extent the law permits. Clause 9.3 remains reserved.
9.3 The Service Provider backs up the data of hosted client projects daily, unless the individual contract provides otherwise. Where the Client loses data for a reason for which the Service Provider is responsible, the Service Provider restores it from the latest backup and bears the effort of doing so; further claims for the data loss exist only under clause 9.1. This limitation does not apply to the extent the loss results from the Service Provider not making a promised backup, or making one that cannot be used. For that, it is liable under the statutory provisions, including for slight negligence.
Section 10: Intellectual Property and Usage Rights
10.1 All works created in the context of a contract (code, design, texts, etc.) remain the property of the Service Provider until full payment has been received.
10.2 Upon receipt of full payment, the Service Provider transfers the agreed usage rights to the Client. Unless expressly agreed otherwise, these are non-exclusive, non-transferable rights for the agreed purpose.
10.3 The Service Provider retains the right to use the created works in its portfolio and for reference purposes, unless the Client expressly objects.
10.4 Open-source components used are subject to their respective licences.
Section 11: Confidentiality
11.1 Both parties undertake to treat confidential information of the other party (e.g. trade secrets, technical details, client data) with strict confidentiality and not to disclose it to third parties.
11.2 This confidentiality obligation also applies after termination of the contractual relationship, as long as no statutory disclosure obligation exists.
Section 12: Contract Duration and Termination
12.1 Project implementation contracts end upon acceptance and handover of the agreed service.
12.2 Ongoing hosting and maintenance contracts are concluded for the agreed minimum term and cannot be terminated by ordinary notice before it ends. They renew automatically unless terminated with 30 days' notice before the end of the respective term.
12.3 A different term, a different notice period or a different termination date, such as monthly termination, applies only where the individual contract expressly agrees it.
12.4 The right to extraordinary termination for good cause is reserved. Good cause exists in particular in cases of repeated late payment, serious breach of trust, or violation of material contractual obligations.
Section 13: Governing Law and Jurisdiction
13.1 All legal relationships between Elchi Studios and the Client are governed exclusively by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
13.2 The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC or any contract is Zug, Switzerland.
13.3 For clients based in the EU, mandatory consumer protection provisions of their country of domicile remain unaffected. As Elchi Studios operates exclusively in the B2B sector, consumer protection law typically does not apply.
Section 14: Severability
Should any provision of these GTC be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid clause.
Section 15: Amendments to GTC
Elchi Studios reserves the right to amend these GTC with reasonable notice (at least 30 days). For ongoing contracts, amendments are deemed approved unless the Client objects in writing within 30 days of being notified of the amended GTC.
Last updated: October 2026 | Version 1.4
Applicable to all orders and services of Elchi Studios (Krauss Software, Samuel Krauss)