General Terms and Conditions
Effective Date: June 26, 2024
1.0
General Provisions
1.1 Scope
These General Terms and Conditions govern the relationship between KIPPERDESIGN (hereinafter “Service Provider”) and the Clients (hereinafter “Clients”) regarding all contracts made via the website www.kipperdesign.ch or other communication channels.
1.2 Contract Subject
The Service Provider delivers services in the fields of graphic design, web design, UI/UX, strategy, and consulting in branding and design, as well as other creative services that are individually tailored and specified according to the wishes of the Clients. The exact services are defined project-specifically and documented in a project contract.
1.3 Conclusion of Contract
A binding contract is formed when an offer made by the Service Provider is accepted by the Clients in writing or by email.
1.4 Changes to the Terms and Conditions
Changes and additions to these Terms and Conditions during ongoing contracts are communicated to the Clients in writing and are considered accepted unless the Clients object within four weeks of notification.
2.0
Financial Conditions
2.1 Prices and Payment Conditions
For smaller orders, a deposit of 50% of the total price is required upon contract conclusion. The remaining payment is due upon project completion. For larger orders, payment is made in stages upon completion of the predefined milestones.
3.0
Provision of Services
3.1 Delivery and Service Times
Delivery times for the provision of services are agreed upon project-specifically.
3.2 Duties of the Client
The Clients are obliged to provide the Service Provider with all information and materials necessary for the execution of the order in a timely manner.
3.3 Feedback and Communication
The Clients are required to provide feedback on the delivered drafts within five business days. Delays in feedback can lead to project delays and incur additional costs.
3.4 Change Requests and Revisions
Within the agreed scope, certain changes and revisions are included at no additional cost. For changes beyond this scope, an hourly rate of CHF 120.- is charged. The Clients will be informed about the costs of additional work before its commencement.
4.0
Legal Conditions
4.1 Ownership and Usage Rights
The usage rights to all works created under the contract are transferred to the Clients only after full payment of all agreed fees. Until then, all rights remain with the Service Provider.
4.2 Liability and Warranty
The Service Provider is liable for damages only in cases of intent or gross negligence. Liability is limited to the value of the respective order. No liability is assumed for indirect damages, such as lost profits.
4.3 Intellectual Property of Third Parties
The Clients guarantee that all content provided to them is free from third-party rights, or that a corresponding usage permission is in place, and indemnify the Service Provider from all claims in this regard.
4.4 Force Majeure
No party is responsible for the non-fulfillment of their contractual obligations if caused by force majeure events.
5.0
Conflict Management
5.1 Conflict Resolution
In case of disagreements, both parties aim for an amicable solution. If this does not resolve the conflict, the jurisdiction is Zurich.
5.2 Right to Withdraw
For larger projects, the Clients may withdraw from the project after the completion of each milestone. Details on the conditions and potential costs incurred by such withdrawal are specifically regulated in the project contract.
6.0
Data Protection and Final Provisions
6.1 Data Protection
The Service Provider commits to treating all personal data of the Clients confidentially and to use it only within the scope of contract execution.
6.2 Final Provisions
Swiss law applies – place of jurisdiction is Zurich.