Presence
The terms for brand, website and care services ordered from Theme Park AG under the name Presence.
These terms govern every Presence offer and order: brand creation, website builds, Care and the services passed through with them. The offer you accept names the modules, prices and dates; these terms fill in the rest. Use of themepark.com itself is covered by the separate terms of use.
Version: 2026-10 · Last updated: 9 October 2026
Theme Park AG, a Swiss Aktiengesellschaft registered in the Commercial Register of the Canton of Zürich, UID CHE-420.189.003, Zentralstrasse 43, 8003 Zürich. Full company details are in the imprint. “We” and “us” below means Theme Park AG; “you” means the client named in the offer.
Every order starts with a written offer from us — a PDF with a link to accept — listing the modules, their prices, the timeline and the version of these terms that applies. An offer is valid for 30 days unless it says otherwise.
The order forms when you accept the offer through its link or in writing. Acceptance through the link is recorded with date and time. Your own purchasing conditions apply only if we have agreed to them in writing.
The scope of each module is described in the offer and on the Presence page as it stood on the day of the offer. Each module includes two rounds of revisions; further changes, additional pages or modules you add later are offered separately or billed by the hour at CHF 150, or the rate stated in the offer, agreed before the work is done.
Dates in the offer count from the day we have everything we need from you (clause 5). We tell you as soon as a date moves, and why.
You supply the content (texts, images, logos, legal facts for the imprint), the access we need (domain, hosting, email where relevant) and decisions within a reasonable time. You confirm that you hold the rights to everything you supply and that it is lawful to publish. Where we write texts or source images for you, they are drafts until you approve them; the facts in them are yours to check.
The draft and launch dates start when your content has arrived complete. If content stays outstanding for more than 60 days after acceptance, we may invoice the work done so far and close the order.
Care runs for twelve months from launch and then continues month by month. After the first twelve months either side may cancel in writing with one month’s notice to the end of a month. The scope of Care and Care+ is the one printed in the offer; changes outside it are billed at the hourly rate.
We host on servers we operate in the European Union, keep nightly backups, apply updates and monitor availability. We work to keep the site available at all times, but we do not guarantee uninterrupted availability; planned maintenance is done outside business hours where we can.
If you stay with your own hoster instead of Care, our responsibility ends with the launch there; we are happy to help afterwards at the hourly rate.
You remain responsible for your site towards its visitors, including its imprint and privacy policy; we draft them for your jurisdiction as part of the build and you approve them. Where we host your site and it processes your visitors’ personal data, we act on your instructions; a data-processing agreement is available on request.
When Care ends, or an order ends without Care, we hand over the site files and content within 30 days, support the transfer of your domain and licences, and then remove the site from our servers. Outstanding invoices remain due.
Both sides keep confidential what they learn about the other’s business in the course of the order, during and after it. We may name you and show the site as a reference once it is public, unless you tell us not to.
We perform our services with care and to professional standards. Defects you report within 30 days of launch are corrected free of charge; the revision rounds in each module cover changes of preference. We are liable for damage we cause intentionally or through gross negligence. To the extent permitted by Swiss law, any further liability — including for slight negligence, lost profit, lost data where a backup existed, interruptions caused by third-party providers (hosting, registrars, payment, software publishers) and content you supplied — is excluded, and our total liability per order is limited to the fees paid for that order.
We may publish new versions of these terms. The version named in an offer governs that order; Care continues under the version in force when it was ordered until we give two months’ notice of a change.
These terms and every order under them are governed by the substantive laws of Switzerland, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. Exclusive jurisdiction lies with the competent courts of Zürich, Switzerland.
Questions about these terms or an order can be sent via the contact form.
