TERMS OF SERVICE
August 24, 2022
The following conditions govern the relationship between the client and Collabment GmbH. By placing the order (orally or in writing), the client accepts the general terms and conditions of Collabment GmbH. If other provisions have been agreed in writing within the framework of a project, these shall apply.
2. Achievements of Collabment GmbH
As a video and digital agency, Collabment GmbH provides the following services in the area of strategy and visual communication:
Order preparation and planning
conception and design
Detail design and execution
Realization and production monitoring
3. Basics of cooperation
Collabment GmbH undertakes to carry out the tasks assigned to it carefully, conscientiously and responsibly, and to treat entrusted or compiled information confidentially.
To carry out the order, Collabment GmbH reserves the right to use employees, expert third parties and subcontractors if this makes sense for the agreed service provision. The client ensures that Collabment GmbH has access to all documents and information necessary for the optimal fulfillment of the order in a timely and complete manner. The client pays the fees and additional costs specified in the offer for the work of Collabment GmbH, provided these have been communicated in advance.
4. Failure to Cooperate
If the client fails to cooperate or if he defaults in accepting the service offered by Collabment GmbH , a deadline can be set by mutual agreement. If this is not adhered to, Collabment GmbH reserves the right to refuse the continuation of the contract after the deadline or to terminate it without notice.
If an order started by Collabment GmbH cannot be completed because the client is not willing to cooperate, Collabment GmbH is entitled to the full fee. The customer remains free to prove that a damage has not occurred or is significantly less.
5. Right of Use
Works and order documents created by Collabment GmbH and all parts thereof that are handed over to the client may only be used within the framework of the agreed order. The scope of use results from the offer.
The copyrights to all works created by Collabment GmbH (drafts, concepts, etc.) always belong to Collabment GmbH. It may dispose of these rights (copyright and related rights) in accordance with the provisions of federal law. From this principle follows, among other things, that the client is not entitled to make changes to the relevant work - in particular to the design - without the consent of Collabment GmbH.
7. Release of data and originals
The data and originals always belong to Collabment GmbH and are only made available to the customer for the agreed use.
Idea and design remain the intellectual property of Collabment GmbH.
8. Conditions: Transfer of the rights of use
up to 120% of the fee for small businesses
up to 250% of the fee for medium-sized companies
up to 500% of the fee for large companies
9. Preliminary meeting
Meetings (contact, offer discussion) are free of charge until the order is placed and non-binding for both parties.
10. Offers & placing of orders
Collabment GmbH creates a written offer for all orders that shows the scope of services of the order. As long as only approximate or incomplete information is available, a cost estimate is considered a non-binding guideline offer. Additional services requested by the customer that are not mentioned in a binding offer will be charged additionally. Additional work due to poor-quality templates or image data will be charged additionally according to the time spent. Texts are to be delivered as an electronic file at the start of the order. One correction is included in the price, further corrections will be charged additionally according to the time required. The fee depends on the time required and the individual hourly rate. The price fixing of offers expires after 2 months. The order can be placed verbally or in writing.
Collabment GmbH does not provide free advance services. If proposals are prepared that enable a decision to be made about cooperation, they will be settled by agreement. If the order is canceled after it has been created, the costs for conception, execution and any materials will be charged. The presentation fee does not include the granting of rights of use.
12. Preliminary Studies, Samples & Prototypes
Preliminary studies, samples and prototypes, which are prepared at the request of the client, remain the property of Collabment GmbH and may not be given to third parties or made accessible to them. Collabment GmbH is entitled to reimburse the costs incurred for their to be charged. The invoicing basis is the guideline offer.
13. Print Orders
In the case of print orders, the customer receives an "OK for printing" and has to check it, sign it and send it back signed. The release can also be done via email.
Collabment GmbH declines all liability if the customer did not complain about errors or change requests in the "OK for printing" or if the customer does not return the "OK for printing" in good time and the printing company has to postpone the deadline as a result.
Color deviations of less than 15% cannot be ruled out when printing. Collabment GmbH rejects any liability for minimal color deviations.
14. Electronic Media Orders
If an order includes the creation of electronic media, the client will receive an "OK for publication" copy before publication. The customer must check this, sign it and send it back signed. The release can also be done via email.
Collabment GmbH declines all liability if the customer did not complain about errors or change requests in the "OK for publication" or if the customer does not return the "OK for publication" in good time and this results in a postponement of the deadline.
Different screens and operating systems can lead to color deviations compared to the representation of the “OK for publication” copy in the client's electronic medium. Collabment GmbH assumes no liability for such color deviations.
If an order includes the registration of domain names and/or the conclusion of hosting contracts, these contracts are concluded under the customer's name. Collabment GmbH acts only as an intermediary and executive agent, liability and responsibility remain with the client.
Browser compatibility is guaranteed according to the offer made.
If a content management system is used, it must be regularly maintained with updates. If a necessary update is due, Collabment GmbHwill inform the client with a non-binding offer. Collabment GmbH assumes no liability for the full functionality of the electronic medium if one of these necessary updates is not made. Collabment GmbH assumes no liability for incompatibilities between CMS and web hosting.
15. Delivery times
Firmly guaranteed delivery dates only apply if they are confirmed in writing by Collabment GmbH and the necessary documents (images, texts, etc.) arrive at the contractor at the agreed time. Guaranteed delivery dates only apply if payment is made on time.
16. Notification of Defects
The services and products provided by Collabment GmbH must be checked immediately upon receipt. All complaints must be made within 10 days. If Collabment GmbH does not receive a notice of defects from the client within 10 days, the work is deemed to have been approved in accordance with Art. 370 OR.
The customer shall bear any costs incurred when claims are made against third parties despite the willingness to rectify the defect. Collabment GmbH assumes no liability for the legal admissibility of the drafts and elaborations, in particular with regard to competition, trademark and administrative law. Likewise, Collabment GmbH is not liable for the correctness of text and image if work has been approved by the client. The documents (photos, texts, etc.) provided by the client are used by Collabment GmbH on the assumption that the client is entitled to use them and that no third-party rights are violated when they are used. Collabment GmbH assumes no liability for damage or errors caused by the client or a supplier.
18. Data Storage
Collabment GmbH is obliged to keep drafts, order documents, data, final artwork, etc. for a period of one year after completion or delivery at its place of business. In addition, Collabment GmbHis released from further storage unless otherwise instructed in writing by the client. If the documents are kept longer, the conditions must be agreed separately.
Collabment GmbH reserves the right to send quality samples to third parties or to use them for self-promotion (e.g. on their own website, etc.) without the express consent of the customer.
Above a certain order size, Collabment GmbHis entitled to claim any brokerage commissions.
21. Terms of Payment
Extraordinary expenses such as third-party services (e.g. web hosting, image rights, printing costs, etc.) are not included in the price.
The amounts listed on the offer are net amounts in Swiss francs. Unless otherwise agreed, invoicing takes place monthly or after the end of a work phase. The invoices are payable without deduction within 10 days of receipt.
If it takes a lot of time to fulfill the order, Collabment GmbH is entitled to an appropriate number of payments on account
ungen. Collabment GmbH invoices on the basis of the offer and any subsequent changes. If the order confirmation contains a cost ceiling and Collabment GmbH recognizes that this is not sufficient to implement the scope of services, the customer will be informed in good time about the expected additional work. If the customer accepts the additional expense, a new cost ceiling is agreed. Otherwise, the customer can either reduce the scope of services or withdraw from the contract. In the event of withdrawal, the services already provided by Collabment GmbH are to be remunerated. If the order confirmation exceeds the amount of CHF 5,000, half of the invoice amount is due at the stated conditions upon or immediately after the conclusion of the contract.
22. Closure & Cessation of Operations
Collabment GmbH is not liable for damage caused by disruption to operations, in particular by unavoidable events such as force majeure, natural events (storm winds, earthquakes, etc.), epidemics/pandemics, war, unrest and the like. In such exceptional cases, Collabment GmbH is entitled to withdraw from the contract in whole or in part.
The relationships between the client and Collabment GmbH are subject to Swiss law.
Place of jurisdiction is the place of business of Collabment GmbH.