Terms and Conditions
By placing an order in writing and/or verbally, the client agrees to the terms and conditions of the Förrlitales GmbH. Deviating or supplementary provisions must be made in writing.
Principles
As the contractor, the Förrlitales GmbH acts in the best interests of the client, with due diligence and integrity. Förrlitales GmbH complies with the statutory provisions and principles concerning the use and copyright of works, as well as the fairness of advertising. The Förrlitales GmbH reserves the right to refuse orders that do not comply with these provisions or ethical principles.
Integrity and Confidentiality
Both parties undertake to treat all information obtained in the course of the collaboration as strictly confidential. This includes, in particular but not limited to, budgets, quotations, contractual content, strategies, concepts, creative developments, as well as internal calculations. The information may be used exclusively for the execution of the respective project and may not be disclosed to third parties without the prior written consent of the other party. The obligation of confidentiality also applies to any employees, freelancers, subcontractors, or other auxiliary persons engaged by either party, who must be bound to confidentiality accordingly. The obligation to maintain confidentiality shall survive the termination of the contractual relationship.
Collaboration with Third Parties
The Förrlitales GmbH may engage selected external specialists, freelancers, contractors and partner companies for the provision of its services. Such third parties, their expertise, and the collaboration structures established through them form an integral part of the business relationship between the Förrlitales GmbH and the Client.
The Client agrees that, during the term of the collaboration and for a period of forty-eight (48) months following its termination, the Client shall not directly or indirectly engage, instruct, contract with, or otherwise enter into a business relationship with any third party, freelancer, specialist or partner company introduced to the Client by the Förrlitales GmbH or made known to the Client through the collaboration with the Förrlitales GmbH.
This restriction applies in particular to services that are identical, similar or related to the services provided or offered by the Förrlitales GmbH.
Any direct collaboration with such third parties requires the prior written consent of the Förrlitales GmbH.
Use and Copyright
The Förrlitales GmbH grants the client all rights to the unrestricted worldwide use of the services provided, provided they have been fully compensated. The term "use rights" refers to the scope of intended use as defined by the client when the order was placed.
The copyright (intellectual property) for all works created by the Förrlitales GmbH remains with the Förrlitales GmbH. THe Förrlitales GmbH may publish all works, designs, and products, even those that were not realized, on its own online channels (social media, website, etc.) without the client's consent. No changes may be made to the Förrlitales GmbH's graphic works without explicit consent from the Förrlitales GmbH.
All copyrights for design proposals (drafts, sketches) and any unchosen variants remain the property of the Förrlitales GmbH and will not be handed over. The provision of open data and templates is not part of any offer unless explicitly stated. Open data and templates may be provided upon request for a fee.
The use of unchosen variants, particularly the design ideas, forms, colors, fonts, and their combinations created for the project, may only be used after the client's agreement and upon payment of a separately agreed fee.
For the creation of new logos (word and/or image marks) and claims, a one-time payment for the use rights is required.
Warranty
The Förrlitales GmbH guarantees, within its advisory and creative activities and to the extent that the order allows, that the services provided are free from third-party rights and that no third-party rights will restrict or impede the contractual transfer of usage rights.
For any design elements supplied by the client, such as images, illustrations, text, digital data, etc., the Förrlitales GmbH assumes that the client holds the appropriate usage rights. The Förrlitales GmbH disclaims any responsibility for legal violations in this regard.
Compensation
The compensation for services is generally based on a previously issued offer. Offers include all services provided by the Förrlitales GmbH, including design and project management.
Additional costs for extra services and author corrections (deviating or additional services not included in the offer) as well as surcharges for weekend work are reserved.
Compensation is subject to the applicable VAT rate.
Expenses
Shipping and travel expenses are charged based on actual costs. Train fares within Switzerland are billed at the 2nd class, Half-Fare rate; car and motorcycle mileage is billed at CHF 0.70 per kilometer; flights are billed at economy class rates.
Payment Terms
Invoices are issued at the end of each month with a payment term of 10 days net. The hours worked will be invoiced.
For offers up to CHF 6,000, a one-time invoice will be issued at the project start.
If a project is canceled before completion, the services rendered to date will be invoiced according to the offer for the work performed. Payment is due 10 days from the invoice date.
In the event of non-compliance with the payment deadline, an administrative fee and interest for late payment may be charged from the invoice date.
In the case of payment delays or incomplete payment, the Förrlitales GmbH reserves the right to reclaim the work and prohibit its use until full contract performance is achieved.
Third-Party Services
Orders placed with third parties by the Förrlitales GmbH are made on behalf and at the expense of the client. The Förrlitales GmbH assumes no responsibility or liability for claims from third parties that the Förrlitales GmbH involves for the client.
Complaints
Complaints must be submitted in writing to the Förrlitales GmbH within 10 days after receiving the work and/or products.
The client assumes full responsibility for the form, color, and content of the print material once they have signed off on the “approval for printing” by the printer. If the client waives a written “approval for printing” due to time or cost reasons, the Förrlitales GmbH assumes no responsibility for any complaints regarding the final product. Complaints regarding services provided by third parties (such as photographers, lithographers, programmers, illustrators, printers, etc.), for which the Förrlitales GmbH only acted as an intermediary, are not the responsibility of the Förrlitales GmbH.
The Förrlitales GmbH will assist as an intermediary to resolve any issues fairly between the client and third parties but cannot be held liable for any damages incurred.
Retention of Work Results
The Förrlitales GmbH will store work results digitally for two years from the date of the last invoice related to the respective order.
Severability
The partial invalidity of individual provisions of these terms and conditions does not affect the validity of the remaining provisions.
Final Provisions
The Förrlitales GmbH and the client agree to seek a mutual resolution in case of any disputes before taking the matter to court. This includes disputes regarding the valid formation of the contractual relationship, its legal validity, its amendments, or termination.
Any changes or additions to contracts concluded under these terms and conditions must be in writing and signed by both parties to be valid.
Contracts concluded under these terms and conditions are exclusively governed by Swiss law. The place of jurisdiction is Zurich, Switzerland.
Förrlitales GmbH
Zurich, April 30, 2018