General terms and conditions

5. fringe benefits, third-party 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 study, production supervision, etc.) will be charged separately on a time basis in accordance with the fee recommendations of the SGV (Swiss Graphic Artists Association).

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

  • 5.3 The Agency shall only commission third-party creative services (e.g. photographs, models) or commission third-party services in the course of implementing the use (e.g. lithography, printing, dispatch) on the basis of an agreement concluded with the Client in the Client's name and for the Client's account.

  • 5.4 If, in individual cases, contracts for third-party services are concluded in the name of 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 Costs and expenses shall be charged for travel that is necessary for the execution of the order or use after consultation with the Client.

  • 5.6 Remuneration for additional services shall be due after they have been rendered. Disbursed ancillary costs shall be reimbursed as incurred. Remuneration and ancillary costs are net amounts which are to be paid plus statutory value added tax.

    6. retention of title and risk of shipment

  • 6.1 Only rights of use are granted to the Agency's work, but no rights of ownership are transferred.

  • 6.2 The originals shall be returned to the Agency undamaged 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 by this.

  • 6.3 Sending and return of the work and templates shall be at the risk and for the account of the Client.

    7. provision of data

  • 7.1 The Agency shall not be obliged to release data to the Client. If the Client wishes data to be made available to it, this shall be agreed and remunerated separately.

  • 7.2 If the Agency has provided the Client with data, these may only be changed with the consent of the Agency.

  • 7.3 The Customer shall bear the risk and costs of transporting data carriers, files and data.

  • 7.4 The Agency shall not be liable for defects in data carriers and data except in cases of intent and gross negligence. The Agency shall not be liable for defects in data carriers and data that occur during data transfer to the Client's system.

    8. correction and production monitoring

  • 8.1 Proofs must be submitted to the Agency before the start of reproduction.

  • 8.2 Production shall be supervised by the Agency only on the basis of a special agreement. If such an agreement exists, the Agency shall be authorized to make necessary decisions and issue instructions. The Agency shall only be liable in the event of its own fault and only for intent and gross negligence.

1. validity of our GTC

  • 1.1 All offers and services of BLYSS, hereinafter referred to as the "Agency", shall be provided exclusively on the basis of the following Terms and Conditions. By using the services of the Agency, the Client acknowledges the validity of the following GTC.

  • 1.2 The GTC shall 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 GTC of a Client is objected to unless the Agency has expressly declared its consent to their validity in writing.

    2. copyright and rights of use

  • 2.1 Each order placed with the Agency is a copyright contract aimed at granting rights of use and the intellectual property rights to the work performances.

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

  • 2.3 Without the express consent of the Agency, their work, including the copyright designation, may not be changed either in the original or in the reproduction. Any imitation - even of parts of the work - shall be inadmissible. A violation of this provision entitles the Agency to demand a contractual penalty in the amount of twice the agreed remuneration. If a remuneration has not been agreed upon, the usual agreement according to the SGV (Swiss Graphic Artists Association) shall apply.

  • 2.4 The Agency shall transfer to the Client the rights of use required for the respective purpose. Unless otherwise agreed, only the simple right of use shall be transferred in each case. A transfer of the rights of use to third parties requires
    written agreement. The rights of use shall not be transferred until the remuneration has been paid in full.

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

  • 2.6 The Agency shall be entitled to information about the scope of use.

  • 2.7 The Agency has the right to be named as the author of the Work on reproductions.

    3. compensation

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

  • 3.2 Unpaid activity, in particular the creation of idea sketches and drafts free of charge, is not customary in the profession.

  • 3.3 Proposals and instructions of the Client for technical, design and other reasons and his other cooperation shall have no influence on the fee. They shall also not establish any joint 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 the remuneration

  • 4.1 The remuneration shall be 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 shall be due in each case upon acceptance of the part.

  • 4.3 If the execution of an order extends over a longer period of time or if it requires high financial advance payments from the Agency, the Agency may demand partial payments in accordance with the work performed, namely 1/3 of the total remuneration when the order is placed, 1/3 after completion of 50% of the work, 1/3 after delivery.

  • 4.4 In the event of default in payment, the statutory interest rate shall apply. The assertion of a higher damage remains unaffected.

  • 4.5 The Client may only assert rights of retention or set-off with its own counterclaims against the Agency's claims for payment if these are undisputed or have been established as final and absolute.

9. liability

  • 9.1 In the event of defects, the Customer shall initially only be entitled to demand subsequent performance or a reduction in price. If the supplementary performance fails, is unreasonable or ' there is objectively no interest of the Customer in this, the Customer may transfer to other warranty rights.

  • 9.2 Insofar as defects are limited to a delimitable part of the performance, only this part may be objected to, provided that a separation of the defect-free and the defective parts is possible by reasonable means.

  • 9.3 Insofar as the Customer is an entrepreneur, the warranty obligation for defects shall be limited to 1 year.

  • 9.4 The Agency shall only be obligated to pay damages in the following cases:
    1) Injury to life, body and health
    2) Claims under 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.

    Insofar as the Agency is liable for damages solely on the basis of the degree of fault pursuant to No. 5 above, the amount of liability shall be limited to compensation for typically foreseeable damage.

  • 9.5 The release of production and publication is the responsibility of the Client. The Agency shall not be liable for the drafts, texts and final artwork released by the Client.

  • 9.6 Complaints and objections of any kind whatsoever 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 liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the Agency relating to material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded as a matter of principle, unless the Agency can be proven to have acted with intent or gross negligence.

    10. design freedom and templates

  • 10.1 The Agency shall have freedom of design within the scope of the order.

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

    11. specimen copies and reference information

  • 11.1 At least 10 specimen copies of reproduced works shall be provided to the Agency free of charge. The Agency may also use these for its own advertising.

  • 11.2 The Agency may use the name and Internet address of the Client as a reference address.

    12 Place of performance, place of jurisdiction

    Place of performance and jurisdiction is the seat of the agency.

    13 Ineffectiveness of individual provisions

    The invalidity of one or more of the above provisions shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by a more effective one which realizes the economic purpose pursued with it as far as possible.