{"id":394,"date":"2024-11-05T08:41:31","date_gmt":"2024-11-05T08:41:31","guid":{"rendered":"https:\/\/max3.ch\/gtc\/"},"modified":"2024-11-20T04:53:17","modified_gmt":"2024-11-20T04:53:17","slug":"gtc","status":"publish","type":"page","link":"https:\/\/max3.ch\/en\/gtc\/","title":{"rendered":"GTC"},"content":{"rendered":"
General Terms and Conditions<\/span><\/span><\/div><\/div><\/div><\/div><\/div><\/div><\/section>

1. Scope<\/strong><\/p>\n

These General Terms and Conditions (“GTC”) govern the relationship between you as our client (“Client”) and us, Contcept Communication GmbH as the agency (“Agency”) (collectively referred to as the “Parties”).<\/p>\n

The services provided by the Agency and their scope are agreed upon and documented in an individual contract or order confirmation with the Client (“Individual Contract\/Order Confirmation” or “Individual Contracts\/Order Confirmations”). These GTC form an integral part of all offers and Individual Contracts\/Order Confirmations.<\/p>\n

In the event of any conflict between these GTC and an Individual Contract\/Order Confirmation, the provisions of the Individual Contract\/Order Confirmation shall prevail. The invalidation of individual provisions of these GTC by differing terms in Individual Contracts\/Order Confirmations does not affect the validity of the remaining GTC. Any changes or additions must be made in writing.<\/p>\n

2. Conclusion of Contract<\/strong><\/p>\n

An Individual Contract\/Order Confirmation becomes legally effective when the Client requests the Agency (usually referring to the cost estimate) to provide certain services, and the Agency confirms its agreement in writing or via email. By entering into the Individual Contract\/Order Confirmation, the Client agrees to these GTC.<\/p>\n

An offer represents a non-binding estimate made to the best of our knowledge and belief for the services requested by the Client. The exact scope of services, any deliverables, and the costs are only bindingly defined in the Individual Contract\/Order Confirmation.<\/p>\n

The offer is valid for two (2) months from the date of issuance. Before acceptance by the Client, the Agency may revoke the offer at any time without notice.<\/p>\n

If no order is placed based on an offer, the Client must immediately destroy any concepts, drafts, and presentations received.<\/p>\n

Subsequent price adjustments are reserved but will be communicated to the Client in advance.<\/p>\n

If the scope of services is not sufficiently defined at the time of the cost estimate, the Agency will assist the Client in specifying it. The related support and consulting services establish a contractual relationship and are additionally compensated based on effort according to the conditions applicable at the time of service provision, unless otherwise agreed before commencing these services. <\/p>\n

3. Subject of the Contract<\/strong><\/p>\n

The Agency’s services and their scope are defined in the Individual Contracts\/Order Confirmations between the Client and the Agency. The Agency is not liable for achieving a specific result unless such has been expressly assured in writing. <\/p>\n

4. Client Relationship<\/strong><\/p>\n

The Individual Contract\/Order Confirmation is concluded exclusively between the Client and the Agency. All rights and obligations arising from it exist solely between the Client and the Agency. The Agency’s obligations under the Individual Contract\/Order Confirmation are owed only to the Client. Only the Client may rely on the Agency’s advice and enforce its provisions. <\/p>\n

5. Third Parties <\/strong><\/p>\n

The Agency may involve third parties (media, suppliers, freelancers, marketers, etc.) who act as subcontractors in connection with the Individual Contract\/Order Confirmation. The Agency may also commission third parties on behalf of the Client.<\/p>\n

Before commissioning a third party on behalf of the Client that incurs significant costs, the Agency will discuss and agree upon this with the Client. The contractual relationship then exists directly between the Client and the third party.<\/p>\n

Unless otherwise agreed, invoices from subcontracted third parties will be forwarded directly to the Client for payment, and the Client is obliged to pay them.<\/p>\n

If the Agency makes advance payments after consultation with the Client and in exceptional cases, a general contractor fee (GU Fee) of 15% on the net invoice amount will be charged.<\/p>\n

The Agency’s liability to the Client for errors and omissions by subcontracted third parties is excluded to the extent permitted by law.<\/p>\n

The Agency may transfer the Individual Contract\/Order Confirmation, along with all rights and obligations, to companies it controls or that are under joint control, without the Client’s consent. <\/p>\n

6. Instructions and Contract Changes\/Amendments<\/strong><\/p>\n

Instructions required for contract execution (including contract changes\/amendments) can be given by the Client in writing or orally. If oral instructions are given, the Client is obliged to confirm them in writing without delay.<\/p>\n

The Client acknowledges and agrees that instructions resulting in a change to the Individual Contract\/Order Confirmation may lead to price and\/or schedule adjustments. The Agency will inform the Client of any contract changes after receiving a written instruction or confirmation. Furthermore, the Agency reserves the right to charge up to an additional 10% of the net agency revenue if the workload increases due to the change.<\/p>\n

If the Client wishes to restrict the group of persons authorized to give instructions to specific individuals, they must notify the Agency in writing. Otherwise, the Agency may assume that all representatives of the Client (including any auxiliary persons) are authorized to give instructions. <\/p>\n

7. Fees<\/strong><\/p>\n

The Agency issues invoices for its services either as monthly, proportional retainer invoices, project-based invoices, or based on actual effort. Invoices are due for payment within thirty (30) days of issuance.<\/p>\n

For new clients, at least one-third (1\/3) of the total contract value is invoiced before work begins, and this initial invoice is payable within ten (10) days.<\/p>\n

Unless otherwise agreed, the Individual Contract\/Order Confirmation does not include external costs such as travel expenses, hotel costs, translations, catering, duplication of documents, photos, printing costs, international clippings, social media clippings, postage and packaging costs, and fees of third parties. These costs will be invoiced additionally.<\/p>\n

Alternative payment terms can be stipulated in the Individual Contract\/Order Confirmation. <\/p>\n

8. Use of Work Results<\/strong><\/p>\n

Unless otherwise specified in the Individual Contract\/Order Confirmation, the Agency grants the Client, after full payment of the fees, a non-exclusive, non-transferable, and non-sublicensable right to use the work results created by the Agency or third parties in fulfillment of the Individual Contract \u2014 such as communication campaigns, concepts, advertising materials, designs, graphics, texts, images, photos, films, analyses, software applications, sounds, animations, etc. (hereinafter “Work Results”) \u2014 within Switzerland and for the duration of the Individual Contract. This right of use is materially limited to the scope specified in the Individual Contract or to fulfill its purpose. Unless otherwise agreed, the Client may edit or modify the Work Results.<\/p>\n

The use of Work Results presented to the (potential) Client during presentations (e.g., pitches) requires the prior written consent of the Agency.<\/p>\n

For the regulation of copyright and usage rights for ICT services (information and communication technology), the general terms and conditions of SIK\/CSI (https:\/\/sik.swiss\/service\/agb-der-sik\/) apply.<\/p>\n

Compensation for any third-party rights associated with the Work Results (e.g., rights to used image material) is the responsibility of the Client. The Agency may charge the Client for any compensation paid for this purpose. <\/p>\n

9. Use of Identifiers<\/strong><\/p>\n

Without the prior consent of the Agency, the Client is not entitled to use the Agency’s company names, logos, or trademarks, or to refer to them.<\/p>\n

The Agency reserves the right to name clients and showcase examples of already published works for reference purposes.<\/p>\n

10. Liability and Warranty<\/strong><\/p>\n

Upon approval of the works, the Client assumes responsibility for the technical, content-related, and functional correctness of the product, images, and text. For works approved by the Client in this manner, any liability of the Agency for recognizable defects is excluded. Complaints about hidden defects must be made in writing to the Agency within fourteen (14) days of discovery; otherwise, warranty rights are forfeited.<\/p>\n

For defects related to the Agency’s own services that are not reported immediately after acceptance, but at the latest within thirty (30) days after delivery, the Agency assumes no warranty.<\/p>\n

In cases of defects that demonstrably existed at the time of delivery and were reported in time, the Client is exclusively entitled to demand rectification. A price reduction is permissible only after unsuccessful rectification. Contract cancellation (rescission) is excluded. The Client is not entitled to have defects remedied by a third party or to remedy them themselves. Disregard of this provision voids any warranty.<\/p>\n

Outside of warranty defects, the Agency is liable to the Client only for intentional and grossly negligent behavior.
Liability for subcontracted third parties is governed by Section 5 of these GTC. <\/p>\n

11. Confidentiality<\/strong><\/p>\n

Both Parties commit to keep confidential all business processes and information of the other Party that become known during the collaboration. This confidentiality obligation applies beyond the duration of this contract. Not covered by this obligation are the Work Results that the Agency and\/or the Client may use according to Section 8.<\/p>\n

Also excluded from confidentiality are information that is publicly accessible, was already in possession of the other Party before the contract or contract negotiations, or that a Party has lawfully received from third parties unrelated to the Individual Contract.<\/p>\n

A non-disclosure and non-utilization agreement signed before the conclusion of the contract is considered an integral part of this contract. <\/p>\n

12. Client’s Obligations: Information, Preliminary Performance, and Cooperation<\/strong><\/p>\n

The Client commits to inform the Agency of all facts relevant to executing the Individual Contract\/Order Confirmation and to provide all necessary information and documents. The Agency assumes no responsibility for supplied documents, especially unlicensed images, music, or film material.<\/p>\n

If the Client provides the Agency with advertising materials or essential components thereof for fulfilling the Individual Contract\/Order Confirmation, they must ensure all data meet the agreed technical specifications. If these specifications are not fully met, the Agency is entitled to postpone publication until they are correctly implemented. Additional costs and consequences, particularly delays due to late or inadequate data delivery, are borne by the Client.<\/p>\n

The Client is obliged to provide the Agency with the necessary advertising materials for delivery or placement within the deadline agreed upon in the project order. Consequences of late or inadequate provision are borne by the Client.<\/p>\n

In cases of improper, especially delayed provision or subsequent order changes by the Client, there is no guarantee for compliance with the agreed placement date or achieving the agreed performance. The Agency’s full claim to remuneration remains even if the placement of the advertising material is delayed or does not occur.<\/p>\n

The Client grants the Agency all necessary authorizations, copyrights, performance protection rights, and other rights required for the contractual use of the provided advertising materials in the booked electronic media. This includes the right to reproduce, distribute, transmit, edit, store in, and retrieve from a database, to the extent required for executing the advertising order.<\/p>\n

Contract fulfillment and compliance with binding deadlines and dates presuppose that the Client always fulfills their preliminary performance and cooperation obligations timely. The Client commits to taking necessary measures to ensure they can meet these obligations at all times. <\/p>\n

13. Data Protection<\/strong><\/p>\n

As a data processor, the Agency processes the personal data provided by the Client to the extent required for fulfilling the Individual Contract\/Order Confirmation. The Client assures that such personal data have been collected and disclosed to the Agency in compliance with applicable data protection laws.<\/p>\n

We store personal data as long as necessary for the purposes for which they were collected. In some cases, we may retain personal data longer if legally, regulatorily, tax-wise, or accounting-wise obliged, or if required for technical reasons.<\/p>\n

When storing personal data abroad, especially in countries outside the European Economic Area (EEA), including the USA and other countries where an adequate level of protection is not recognized, we ensure through appropriate measures that a corresponding level of protection is guaranteed. <\/p>\n

14. Data and Registration<\/strong><\/p>\n

The Agency is obliged, upon the Client’s request but at the latest in the event of termination, to hand over all Work Results created within the framework of the Individual Contract\/Order Confirmation in reproducible formats (to be agreed upon), provided the Client has acquired the intellectual property rights or a corresponding right of use and has paid the owed compensation.<\/p>\n

If the Agency has registered trademarks, designs, domain names, or social media accounts in its own name in fulfillment of the Individual Contract, it is obliged to arrange for their transfer to the Client upon first request.<\/p>\n

15. Retention and Destruction of Documents<\/strong><\/p>\n

The agency shall keep design data (and other customer data) available until the fulfillment of an individual contract\/order confirmation or completion of a project. Unless otherwise agreed in the individual contract\/order confirmation and subject to statutory retention obligations, the Agency shall not be obliged to retain and archive the Client’s data beyond the fulfillment of an individual contract\/order confirmation or the completion of the respective project. After expiry of the applicable statutory and\/or contractual retention obligations, the Agency may destroy the Client’s data (whether in analog or digital form) (including communication with the Client). Furthermore, the Agency is not obliged to retain its internal notes and documents. <\/p>\n

16. Duration and termination of the contract<\/strong><\/p>\n

The contract duration is determined by the Individual Contract\/Order Confirmation. Unless otherwise specified, it can be terminated in writing at any time with a notice period of three (3) months to the end of each month.<\/p>\n

The right to terminate the Individual Contract at any time for important reasons not attributable to the terminating Party remains reserved. <\/p>\n

17. Assignment<\/strong><\/p>\n

Without the prior written consent of the Agency, the Client may not assign the Individual Contract\/Order Confirmation and all claims, rights, and obligations deriving from it.<\/p>\n

18. Severability Clause<\/strong><\/p>\n

Should one or more provisions of these GTC be wholly or partially invalid or become invalid, the validity of the remaining provisions remains unaffected. In place of the invalid provision, a provision that comes as close as legally possible to its economic purpose shall apply. <\/p>\n

19. Jurisdiction and Applicable Law<\/strong><\/p>\n

The Individual Contract\/Order Confirmation (including these GTC) is exclusively subject to Swiss law and shall be construed and interpreted accordingly. The application of Swiss and international private law and the United Nations Convention of April 11, 1980, on Contracts for the International Sale of Goods is excluded.<\/p>\n

Any disputes arising out of or in connection with these GTC or the Individual Contract between the Agency and the Client are subject to the exclusive jurisdiction of the courts at the Agency’s registered office. <\/p>\n<\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/section>\n","protected":false},"excerpt":{"rendered":"General Terms and Conditions1. Scope These General Terms and Conditions (“GTC”) govern the relationship between you as our client (“Client”) and us, Contcept Communication GmbH as the agency (“Agency”) (collectively referred to as the “Parties”). 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