Terms of service

These terms govern every engagement accepted by Devly ("we", "us"), a business based in Switzerland, and the person or company commissioning the work ("the client", "you").

They apply from the moment you accept a quote, in writing or by email, and they replace any general terms of your own unless we have agreed otherwise in writing.

Our services are aimed at businesses, freelancers and organisations. If you are contracting as a consumer, the mandatory rights granted to you by the law of your country of residence remain in force and prevail over any clause here that conflicts with them.

The exact scope of each engagement is whatever the accepted quote says. Broadly, we offer:

• Design and development of bespoke professional websites.
• Premium websites with animation and real 3D.
• Custom software for venues and companies.
• Monthly maintenance with a private phone line.

Anything not written into the quote is not included. That is not a technicality: it is what lets us give you a fixed price instead of billing you by the hour.

Quotes set out the scope, the price and the estimated timeline. Unless stated otherwise they are valid for 30 days.

An engagement is formed once you accept in writing and we receive the deposit. Before that we neither reserve capacity nor begin production.

Prices are in Swiss francs and, where applicable, exclusive of VAT.

Every project is paid in two parts: 50% of the total when you accept the quote, before we start work, and the remaining 50% on delivery, before the final publication or the handover of the source code.

Invoices fall due 10 days after they are issued.

If the deposit does not arrive, the engagement does not start. If the final payment does not arrive, the finished work is neither published nor handed over, and the rights described in clause 8 do not transfer.

Once an invoice is overdue and a written reminder has been sent, the client is in default and interest of 5% per year accrues under art. 104 of the Swiss Code of Obligations, alongside reasonable collection costs.

On longer projects we may agree a milestone schedule in writing. The principle stays the same: a payment up front, and the final balance always before handover.

The deposit covers the analysis, design and planning work that happens from day one. If you cancel the engagement, that 50% is not refunded. If we cancel for reasons not attributable to you, we refund it in full.

To hit the dates we need, when agreed: the copy, images, logos and access credentials involved; one point of contact able to make decisions; and answers to our questions within a reasonable time.

You warrant that you hold the rights to all material you give us. If a third party makes a claim over that material, the responsibility is yours and you will hold us harmless.

If a project stalls for more than 30 days for want of material or answers, we may invoice the work done so far and reschedule the rest around our availability.

We show you progress as we go. Each phase includes two rounds of adjustments within what was agreed; further rounds, or changes that move the scope, are quoted separately.

Timelines we give are good-faith estimates and depend on your material arriving on time.

Delivery is deemed accepted if you do not report defects in writing within 14 days, or earlier if you put the work into production use.

After handover, keeping backups and applying updates is the client's responsibility, unless you take the monthly maintenance plan.

Maintenance is a separate monthly service. It covers updates, backups, monitoring and a private phone number that we publish nowhere.

The private line is reserved for clients subscribed to this service and exists for questions and basic adjustments to your site or software. New development, redesigns and any substantial change are quoted separately.

We answer as promptly as we can, but the line is a support channel — not a contractual availability commitment and not a service level agreement with guaranteed response times. If you need a formal SLA, we can sign one separately.

The subscription renews monthly and either party may cancel it with 30 days' written notice. On cancellation the private number stops working for you.

Non-payment of the monthly fee suspends the service, private line included, until it is settled.

We may revise the monthly fee with 30 days’ written notice. If it does not suit you, you can cancel within that period at no cost.

Once the full amount is paid, we assign you the rights to use the design and the code written specifically for your project, exclusively and without limit in time or territory.

Until payment is complete, all rights remain ours. Work published without having been paid for is being used without a licence.

Excluded from that assignment, and remaining ours: the general-purpose tools, libraries, components and techniques we reuse across projects, together with our technical know-how. Your project includes them under a licence to use, not as property.

Third-party software, typefaces, images and services carry their own licences, which we identify at handover.

Unless you tell us otherwise in writing, we may name the project and show images of the public result in our portfolio.

For 30 days after delivery we fix, at no charge, any defect that stops the work behaving as agreed. It does not cover changes of mind, new features, or faults caused by third-party modifications, by hosting or by external services.

We do not warrant that software is free of every error or that it runs without interruption — no honest supplier can promise that. Nor do we warrant particular commercial outcomes, search rankings or traffic volumes.

We are liable without limit for damage caused intentionally or through gross negligence. Beyond that, and as far as the law allows, our total liability is capped at the amount actually invoiced for the engagement concerned, and excludes lost profit, lost data and indirect damage.

None of the above limits liability that Swiss law declares non-excludable, in particular for personal injury.

We are not liable for failures caused by events beyond our reasonable control: hosting or third-party service outages, network or power cuts, cyberattacks, regulatory change, serious illness or disaster. Deadlines are suspended for as long as the cause lasts.

We treat all non-public information you entrust to us as confidential, and continue to do so after the engagement ends. We expect the same of our quotes and technical documentation.

The handling of personal data is additionally governed by our privacy policy.

Either party may terminate in writing if the other is in material breach and fails to cure it within 14 days of being asked to.

If we terminate for non-payment, we invoice the work done to that point and retain the deposit. If we terminate for reasons not attributable to you, we refund what was paid for work not carried out.

We may update these terms. The version that applies to an engagement is the one in force on the day the quote was accepted; later changes do not apply retroactively.

If a clause turns out to be invalid, the rest stays in force and the affected clause is replaced by the valid provision closest to its purpose.

Swiss law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is the competent court at Devly’s seat in Switzerland, without prejudice to any mandatory consumer forum.