Terms of sale
Last updated: 21 October 2026
These terms of sale govern, on the one hand, the creation and hosting of websites (articles 1 to 9) and, on the other hand, the marketing support services invoiced by subscription (articles 10 to 17). They are issued by Déforel Momentum Marketing, a Swiss sole proprietorship, Chemin de la Vyborne 4, 1184 Luins (VD), UID CHE-286.074.453, hereinafter "Momentum". Contact: contact@momentum-marketing.ch.
Article 1 : Website: scope
Momentum designs, writes and launches showcase websites for self-employed people, shops and SMEs. The scope of the service (number of pages, texts, visuals, features, domain name, basic search engine setup, launch) is that of the offer accepted by the client: the offer displayed on the website on the day of the order, or the signed quote. Anything outside that scope is quoted separately.
Article 2 : Offers and quotes
Momentum's offers and quotes are valid until the date they state; failing that, 30 days from issue. The contract is concluded upon written acceptance of the quote (signature, email or message) or upon payment of the deposit. Prices are in Swiss francs (CHF). VAT not applicable: the business is not VAT-registered.
Article 3 : Process and client cooperation
After acceptance of the quote and receipt of the deposit, Momentum prepares a mock-up of the site, usually within a few days. The client approves it or requests adjustments; corrections requested before launch are included, within the scope of the offer. The client provides the necessary elements: logo, photographs, information about their business, services and prices, as well as useful access (domain name, Google listing, social media). The client warrants that they hold the rights to the elements they supply. Without feedback from the client within 5 business days of a mock-up or site version being sent, it is deemed approved. Delays caused by the client (missing elements, lack of approval) extend the timelines accordingly; the launch timeline is indicative and runs from full receipt of the content.
Article 4 : Prices and payment
Unless the offer states otherwise, the price of the site is payable in two instalments: 50% on order (deposit) and 50% at launch (balance). Each invoice is payable within 30 days of its date of issue, by bank transfer or QR-bill. Work starts upon receipt of the deposit. If the deposit remains unpaid despite a written reminder, Momentum may consider that the client has withdrawn from the order and close the file; the offer then lapses. If the client abandons the project after work has started, the deposit remains due to Momentum and work already carried out beyond the deposit may be invoiced.
Article 5 : Late payment and site suspension
In the event of late payment, Momentum sends the client a written reminder setting a new deadline. Default interest of 5% per year may be claimed from the due date (art. 104 CO). If the site balance or a hosting invoice remains unpaid more than 15 days after a written reminder, Momentum may, after formal notice, take the site offline and suspend hosting until all amounts due are paid in full. Suspension does not release the client from the amounts due, nor from the current hosting periods. The site is put back online within 2 business days of receipt of payment.
Article 6 : Hosting, domain name and maintenance
When the client subscribes to hosting, Momentum hosts the site with specialised providers, manages the domain name and provides technical maintenance: updates, security and backups, as well as minor content updates. Hosting is invoiced in advance, monthly or yearly according to the accepted offer, and payable within 30 days. It renews tacitly for the same period. Either party may end it in writing, at contact@momentum-marketing.ch, for the end of the current period; amounts already invoiced remain due. A domain name registered in the client's name remains their property; if it was registered by Momentum on the client's behalf, it is transferred to the client on request at the end of the collaboration, provided invoices have been paid.
Article 7 : Ownership and rights of use
Upon full payment of the price, the client may use the site, its texts and visuals for their own purposes, without time limit. Until full payment, the site remains the property of Momentum. Templates, components, tools and technical know-how developed by Momentum remain its property; Momentum may reuse them for other clients. Elements supplied by the client (logo, photographs, texts) remain their property. Unless the client objects in writing, Momentum may present the completed site as a reference, on its website and social media.
Article 8 : Availability and liability
Momentum does its utmost to keep the site available, without being able to guarantee uninterrupted availability. Interruptions caused by hosting providers, networks, maintenance or force majeure do not engage its liability. The client remains responsible for the content published on their site and for its compliance with the law. Momentum's liability is limited to the amount of services invoiced to the client over the last 12 months; indirect damages, in particular loss of revenue or customers, are excluded.
Article 9 : End of the collaboration
At the end of hosting, and provided all invoices have been paid, Momentum hands over the site's texts and visuals to the client and helps, on request, to transfer their domain name. The site is removed from Momentum's hosting 30 days after the end of the last paid period. Migrating the site to another host or supplying a technical copy may be quoted separately.
Article 10 : Agency services: scope
Momentum provides a monthly marketing service: producing and publishing social media content, and building and steering Meta Ads campaigns. The services included are those of the offer accepted by the client: the Premium Package as displayed on the website on the day of subscription, or the offer described in their quote, confirmed in writing in both cases. Anything outside that scope is quoted separately.
Article 11 : Term, renewal and termination
The subscription runs for an initial term of 3 months from the first day of service. It then renews automatically, month to month. After the initial term, either party may end it at the end of a calendar month, with 30 days' notice by email to contact@momentum-marketing.ch. Termination during the initial term remains possible but gives no right to a refund of months already started. Momentum may terminate without notice in case of persistent non-payment or of a request contrary to the law or to platform rules.
Article 12 : Price, invoicing and late payment
The monthly price is that of the accepted package. It is invoiced in advance at the start of each monthly period and payable within 10 days. VAT not applicable: the business is not VAT registered. Rates may be adjusted for the following period with 60 days' written notice; the client may then terminate as of the date the new rate takes effect. If payment is more than 15 days late, Momentum may suspend the services after a written reminder, without that suspension releasing the client from the amounts due.
Article 13 : Advertising budget
The advertising budget paid to the platforms (Meta, ChatGPT Ads or others) is not included in the subscription price. Its amount is agreed with the client. Two options, agreed in writing: either the client pays it directly to the platform from their own payment method, on their own ad account, or the client pays it to Momentum in advance, on invoice, before any campaign runs. In the latter case, the amount is separate from the subscription price, appears on its own line of the invoice and is spent in full on the client's campaigns, with no commission and no margin. Momentum never advances this budget and provides proof of how it was spent on request, with the platform statement. Any amount not spent is carried over to the following month or refunded at the end of the collaboration.
Article 14 : Client cooperation and content approval
The client provides Momentum with the necessary access (Facebook page, Instagram account, ad account) as well as the material needed to create: logo, photographs, information about their services and prices. An editorial calendar is shared in advance. If the client does not respond within 3 business days of a content being sent, it is deemed approved and may be published. Delays attributable to the client (access not granted, no approval, missing material) do not extend the subscription term and give no right to postponement or refund.
Article 15 : Ownership of accounts and content
The client's pages, accounts and ad accounts remain their property at all times: Momentum acts as a manager, never as the holder. At the end of the engagement, Momentum removes itself from these accounts within 7 days and returns the access and material in its possession. Content produced and paid for under the subscription belongs to the client, who may keep and reuse it freely, including after the contract ends. Momentum reserves the right to name the client and to show the work produced as a commercial reference, unless the client requests otherwise in writing.
Article 16 : Results, means and liability
Momentum commits to the means described in the accepted package, not to a commercial result. The number of enquiries, clients or the revenue obtained depend on factors Momentum does not control: the client's offer, their responsiveness, their market, the season and platform decisions. No figure is guaranteed; the examples, simulations and calculators shown on the website are illustrations and do not constitute a commitment. Momentum is not liable for suspensions, restrictions or rule changes decided by third-party platforms. Except in case of gross negligence or wilful misconduct, Momentum's liability is limited to the amount invoiced for the last three months of subscription.
Article 17 : Governing law and jurisdiction
These terms are governed by Swiss law. Subject to mandatory legal provisions, the place of jurisdiction is the registered seat of Déforel Momentum Marketing, canton of Vaud.