General Terms and Conditions

5. Additional services, external costs and travel expenses

  • 5.1 The modification of drafts, the creation and submission of further drafts, the modification of final artwork, as well as other additional services (manuscript studies, production monitoring, etc.) will be charged separately according to the time spent, in accordance with the fee recommendations of the SGV (Swiss Graphic Designers Association).

  • 5.2 Technical ancillary costs (e.g. for samples, proofs, press proofs, layout typesetting) incurred in connection with the draft work or with draft execution work shall be reimbursed.

  • 5.3 The agency shall only award creative external services (e.g. photo shoots, models) or external services in the course of implementation (e.g. lithography, printing, dispatch) on behalf and for the account of the client on the basis of an agreement reached with the client.

  • 5.4 If, in individual cases, contracts for external services are concluded in the name and for the account of the agency, the client undertakes to indemnify the agency against all liabilities arising from the conclusion of the contract. This includes in particular the assumption of costs.

  • 5.5 For travel that is required to carry out the assignment or use, after consultation with the client, the costs and expenses will be charged.

  • 5.6 The remuneration for additional services is due after they have been provided. Out-of-pocket expenses are to be reimbursed as they are incurred. Remuneration and additional costs are net amounts to which statutory value-added tax must be added.

    6. Retention of title and risk of shipment

  • 6.1 Only rights of use, but not rights of ownership, are granted to the agency's work.

  • 6.2 The originals must be returned undamaged to the agency no later than three months after delivery, unless expressly agreed otherwise. In the event of damage or loss, the client shall reimburse the costs necessary to restore the originals. The assertion of further damages remains unaffected.

  • 6.3 The sending and return of the work and templates are at the risk and expense of the client.

    7. Provision of data

  • 7.1 The agency is not obliged to hand over data to the client. If the client wishes data to be made available to him, this must be agreed and remunerated separately.

  • 7.2 If the agency has provided the client with data, this data may only be changed with the agency's consent.

  • 7.3 The client bears the risk and costs of transporting data carriers, files and data.

  • 7.4 Except in cases of intent and gross negligence, the agency is not liable for defects in data carriers and data. The agency is not liable for errors in data carriers and data that occur during data transfer to the client's system.

    8. Correction and production monitoring

  • 8.1 Correction samples must be submitted to the agency before the start of reproduction.

  • 8.2 The production is monitored by the agency only on the basis of a special agreement. If such an agreement exists, the agency is authorized to make necessary decisions and give instructions. The agency is only liable in the event of its own fault and only for intent and gross negligence.

1. Validity of our terms and conditions

  • 1.1 All offers and services of BLYSS, hereinafter referred to as "Agency", are provided exclusively on the basis of the following terms and conditions. By making use of the agency's services, the client acknowledges the validity of the following terms and conditions.

  • 1.2 The terms and conditions also apply to future business contacts, even if they are not expressly included in the contractual relationship again.

  • 1.3 The validity of deviating or conflicting terms and conditions of a client is contradicted, unless the agency has expressly and in writing declared its agreement with their validity.

    2. Copyright and rights of use

  • 2.1 Every order placed with the agency is a copyright contract aimed at granting rights of use and intellectual property rights to the work performed.

  • 2.2 All drafts and final artwork are protected by copyright law as personal intellectual creations.

  • 2.3 Without the express consent of the agency, its work, including the copyright notice, may not be changed either in the original or during reproduction. Any imitation – including parts of the work – is inadmissible. A violation of this provision entitles the agency to demand a contractual penalty amounting to twice the agreed remuneration. If a remuneration has not been agreed, the agreement customary according to the SGV (Swiss Graphic Designers Association) applies.

  • 2.4 The agency transfers to the client the rights of use required for the respective purpose. Unless otherwise agreed, only the simple right of use is transferred. A transfer of the rights of use to third parties requires
    a written agreement. The rights of use are only transferred after full payment of the remuneration.

  • 2.5 Repetitions (e.g. reprint) or multiple uses (e.g. transfer to other advertising material) are subject to a fee. They require the consent of the agency.

  • 2.6 The agency is entitled to information about the extent of use.

  • 2.7 The agency has the right to be named as the author of the work on copies.

    3. Compensation

  • 3.1 Drafts and final artwork, together with the granting of rights of use and intellectual know-how, constitute a single service. Compensation is based on the fee recommendations of the SGV (Swiss Graphic Designers Association), unless other agreements have been made.

  • 3.2 Unpaid work, in particular the free creation of idea sketches and drafts, is not standard practice.

  • 3.3 Suggestions and instructions from the client for technical, design or other reasons, and their other cooperation, have no influence on the fee. Nor do they establish any co-copyright, unless this has been expressly agreed.

  • 3.4 In the case of a commercial client, agreed fees are to be understood as net amounts, which are to be paid plus the statutory value-added tax.

    4. Due date of payment

  • 4.1 The fee is due upon handover or provision of the work. It is payable immediately without deduction.

  • 4.2 If work is delivered in parts, the corresponding partial fee is due upon acceptance of the part.

  • 4.3 If the execution of an order extends over a longer period or requires high financial advance payments from the agency, the agency may demand down payments in accordance with the work performed, namely 1/3 of the total remuneration upon placing the order, 1/3 after completion of 50% of the work, 1/3 after delivery.

  • 4.4 In the event of late payment, the statutory interest rate applies. The assertion of a higher damage remains unaffected.

  • 4.5 The client can only assert rights of retention or offsetting with own counterclaims against payment claims of the agency if these are undisputed or legally established.

9. Liability

  • 9.1 In the event of defects, the client is initially only entitled to demand subsequent performance or reduction. If the supplementary performance fails, is unreasonable or there is objectively no interest of the customer in this, the customer can pass to other warranty rights.

  • 9.2 If defects are limited to a definable part of the service, only this part can be objected to, provided that a separation of the defect-free and defective parts is possible with reasonable means.

  • 9.3 If the client is an entrepreneur, the warranty obligation for defects is limited to 1 year.

  • 9.4 The agency is only obliged to pay damages in the following cases:
    1) Injury to life, body and health
    2) Claims arising from the Product Liability Act
    3) Assumption of guarantees and fraudulent intent
    4) Violation of essential contractual obligations (cardinal obligations) 5) otherwise only in cases of intent and gross negligence.

    If the agency has a liability for damages exclusively due to the degree of negligence according to the above No. 5, the liability is limited in amount to the replacement of typically foreseeable damage.

  • 9.5 The release of production and publication is the responsibility of the client. Any liability of the agency for the drafts, texts and final artwork approved by the client is waived.

  • 9.6 Complaints and objections of any kind must be made in writing to the agency within two weeks of delivery. Thereafter, the work shall be deemed to have been accepted in accordance with the contract and free of defects.

  • 9.7 With regard to graphic services for Internet pages, the agency assumes no guarantee for the topicality, correctness, completeness or quality of the information provided. Liability claims against the agency relating to damages of a material or immaterial nature caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded in principle, unless there is evidence of wilful intent or gross negligence on the part of the agency.

    10. Freedom of design and templates

  • 10.1 The agency has freedom of design within the scope of the order.

  • 10.2 The templates provided to the agency (e.g. texts, samples, photos) are used on the condition that the client is entitled to use them. Should he not be entitled to use them contrary to this assurance, or should the templates not be free of third-party rights, the client shall indemnify the agency internally against all claims for compensation by third parties.

    11. Voucher copies and reference information

  • 11.1 The agency shall be provided with at least 10 free copies of reproduced works. The agency may also use these for its own advertising.

  • 11.2 The agency can use the client's name and website address as a reference.

    12. Place of Performance, Jurisdiction

    Place of performance and jurisdiction is the agency's headquarters.

    13. Invalidity of individual provisions

    The invalidity of one or more of the foregoing provisions shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a more effective one that achieves the economic purpose pursued with it as far as possible.