Terms of service

Who we are

Kwipps, Ander Lopez, Rue du village 8, 1053 Cugy, Switzerland. Email: info@kwipps.com.

Kwipps works for businesses: restaurants, hotels, shops, practices and other local businesses. You accept these terms for your business, and you confirm that you may act for it. Kwipps is not offered to consumers.

What Kwipps does

We build a website for your business, put it on your own address and keep it running. Depending on your plan, you also get email addresses on that address and the console: the tools for your trade, such as bookings, the guest book, the menu, the hotel front desk and online payments.

What each plan includes is listed below, on kwipps.com and in my.kwipps.com. The help centre explains how each feature works.

We keep improving Kwipps and may change, add or remove features at any time. If we remove a main feature of your plan while you pay for it, we tell you by email at least 14 days in advance, and you can then cancel.

The free preview

We build your preview for free and with no obligation. You pay nothing until you choose a plan.

Some features, such as card deposits from guests and the API, only start once a plan is paid.

A preview stays online for 30 days. If no plan is chosen by then, we take it offline, and we delete it 7 days later.

Plans and prices

All plans are billed monthly. Prices are in Swiss francs (CHF).

• Website — CHF 14.99 a month: your website with up to 5 pages, your own address (.ch or .com), 1 email address, 1 login and 10 changes a month.
• Business — CHF 24.99 a month: everything in Website, unlimited pages, the tools for your trade and online payments, the API, 3 logins, 3 email addresses, 40 changes a month and 100 text messages a month.
• Pro — CHF 34.99 a month: everything in Business, unlimited logins, 10 email addresses, a second address, 100 changes a month, 100 text messages a month and priority help.
• Tools — CHF 19.99 a month: the tools for your trade and online payments without a website, for a business that already has one: your booking and menu pages, the API, 3 logins and 100 text messages a month. No website, no address and no email address.

A change is one request to change your website, for example by chat in the editor. A new page counts as five changes. Changes start again on the 1st of each month; unused ones do not carry over.

We take no commission and charge no fee per guest or booking.

Payment, invoices and failed payments

You pay by card through Stripe, our payment provider. Your plan starts when your first payment goes through and renews every month on the same day until you cancel. Each month is paid in advance.

For a plan with a website, the first payment also includes the first year of your address.

Your invoices and your card are under my.kwipps.com › Plan and billing › Manage payment method and invoices.

If a payment fails, Stripe tries again automatically and your account shows a notice. While a payment is outstanding, we may suspend the service. If the last attempt also fails, your subscription ends and your website is switched off, as described under “Cancelling and what happens after”.

The owner can switch plans in my.kwipps.com. The difference for the rest of the month is added to, or taken off, your next invoice, and the new plan's limits apply at once. Moving between Tools and a plan with a website is arranged by email.

Apart from the plan-switch difference described above, there are no refunds: paid months, years of your address and text packs are not refunded, also if you cancel early or do not use them.

If we change a price, we tell you by email at least 14 days before it applies to you. If you do not agree, you can cancel before then.

Text messages to guests

Business, Tools and Pro include 100 text messages a month to guests of restaurants and appointment businesses, for example to confirm a booking or to remind a guest the day before. Hotel guests get emails only. The Website plan has no text messages.

Included texts start again on the 1st of each month and do not carry over.

Need more? Packs cost CHF 5 for 50 texts (CHF 0.10 a text). A pack is paid once, by card. It does not expire and is not refunded.

When the included texts and your packs are used up, texts pause until the 1st of the next month or until you buy a new pack. Emails to guests continue.

We only text guests who asked for texts when they booked. You are responsible for having your guests' consent, also for bookings you enter yourself, and for what your messages say being lawful.

Sign-in codes sent by text do not count against your texts.

Your address and email addresses

For a plan with a website, we register the address you choose (for example yourname.ch) for your business, through Kwipps's registrar account. Its first year is charged at checkout.

While your subscription runs, renewing the address is part of your subscription: we renew it automatically through our registrar account, at no extra charge.

When your subscription ends, renewal stops. The address stays registered until the end of the year already paid for, then expires. If you want to keep it, write to info@kwipps.com before then and we help you move it to a registrar of your choice.

Email addresses on your address work while your subscription runs. Keep a copy of the mail you want to keep before it ends.

Using an address you already own is possible by arrangement: write to info@kwipps.com.

Your account and sign-in

The owner of the business holds the account at my.kwipps.com and can give logins to the team, as many as the plan allows. Only the owner can change the plan or download a copy of the website.

You are responsible for what is done with your logins. Keep your passwords safe and do not share them. We recommend two-step sign-in, under my.kwipps.com › Account: after the password, a six-digit code by email or by text.

If you think someone else has used your account, change the password and tell us at once.

Your content

What you give us stays yours: texts, photos, logos, menus, prices and your guests' data.

You allow us to store, copy, adapt and show it as far as needed to build, host and run your website and the console, for as long as you use Kwipps. Adapting means things like resizing photos, fitting texts to the layout, or translating them when you ask.

You confirm that you have the right to use what you give us, and that it breaks no law and no one else's rights.

The website we build for you is yours to use. Photos from stock libraries are used under those libraries' licences. The Kwipps software itself (the console, the editor and the templates) remains ours.

You can download a copy of your website at any time: my.kwipps.com › Home › Download a copy of the website.

We may name your business and show your website as a reference, for example on kwipps.com. If you do not want this, tell us at info@kwipps.com and we stop.

What you may not do

Do not use Kwipps to publish or send anything unlawful, misleading or offensive, or anything that infringes someone else's rights.

Do not send spam or messages people did not ask for, by text, by email or through forms.

Do not try to break into, overload or get around the limits of Kwipps, its API or other customers' accounts, and do not upload harmful code.

If content or use breaks these rules, we may remove the content, suspend the service or end it at once. Where reasonable, we tell you why and give you a chance to fix it first.

Data protection and your guests

Kwipps processes personal data as described in our privacy policy.

Your guests' data (names, contact details, bookings, stays and orders) belongs to your business, and you are responsible for it. Kwipps processes it on your behalf, only to provide the service and following your instructions, under the Swiss Data Protection Act (DSG) and, where it applies, the GDPR.

You tell your guests how you use their data, for example in the privacy notice on your website.

Payments from your guests

With Business, Tools and Pro, guests can pay deposits and orders online, by card or TWINT, through Stripe.

These payments are collected by Kwipps and paid out to you monthly, minus Stripe's payment fees. Refunds and disputed payments (chargebacks) are deducted from the payout.

If your business has connected its own Stripe account, the payments go straight to it instead, under Stripe's terms.

The booking or the order, its cancellation conditions and any refund are between you and your guest.

Availability, maintenance and what we owe

Kwipps is provided “as is” and “as available”. We perform our services with care, but we owe careful performance, not a particular result (art. 398 of the Swiss Code of Obligations, CO).

In particular, we do not guarantee bookings, revenue or a position in search results, or that any email or text message is delivered. We do not guarantee that Kwipps runs without interruption or errors.

Sometimes we need to do maintenance. Where we can, we do it at quiet times and tell you in advance about longer interruptions.

Kwipps relies on providers for hosting, payments, emails and text messages. Their outages and failures are not our responsibility.

Cancelling and what happens after

You can cancel at any time, under my.kwipps.com › Plan and billing › Manage payment method and invoices. The cancellation takes effect at the end of the month you have paid for, and until then everything keeps working. Paid months are not refunded. You can undo a cancellation before the month ends.

At the end, your website is switched off: visitors see that it is not available. We may delete your website and your data 90 days after the end, except what the law requires us to keep, such as invoices. Until then you can come back. Download a copy before the end if you want to keep it.

Your address follows the rules under “Your address and email addresses”.

We may end the service with 14 days' notice by email, without giving a reason. We may end it at once for a breach of these terms, for example unlawful content, spam or misuse, or for non-payment.

Liability

Our liability follows the Swiss Code of Obligations (CO), as set out here.

We are liable without restriction for damage we cause through unlawful intent or gross negligence. This liability is neither excluded nor limited by these terms (art. 100 para. 1 CO).

Any other liability, in particular for slight and medium negligence, is excluded to the extent permitted by law (art. 100 CO).

Liability for auxiliaries (art. 101 CO), including our hosting, payment, email and text-message providers, is excluded to the extent permitted by law (art. 101 para. 2 CO).

To the extent we are nevertheless liable and the law permits a limitation, we are liable only for direct damage, and only up to the fees you paid us in the 3 months before the event that caused the damage, at most CHF 100. Indirect and consequential damage, such as lost profit, lost bookings or lost data, is excluded.

None of the exclusions and limits in this section applies to damage caused through unlawful intent or gross negligence, or to any other liability that the law does not allow to be excluded or limited.

You indemnify us for all costs, including reasonable legal fees, of claims by third parties caused by your content, your messages to guests, missing consent from your guests, or your breach of these terms.

Changes to these terms

We may update these terms. We tell you by email at least 14 days before a change takes effect. If you do not agree, you can cancel before then. If you keep using Kwipps after that date, the new terms apply.

Law and courts

These terms are governed by Swiss law, without its conflict-of-law rules and without the UN Convention on Contracts for the International Sale of Goods.

The courts at Kwipps's seat in Cugy, Switzerland, have exclusive jurisdiction, unless the law requires otherwise.

These terms exist in English, German, French and Spanish. If the versions differ, the English version prevails.

If one part of these terms is invalid, the rest still applies.

Contact

Questions about these terms: info@kwipps.com.