General terms and conditions
1. Terms of contract
These general terms and conditions regulate the contractual relationships between the agency Intes Ltd, hereinafter referred to as Intes Ltd, and the customer who uses the services of Intes Ltd. They are an integral part of every order. Deviating conditions must be agreed in writing.
2. Fiduciary duty and trade secret
Intes Ltd undertakes to carry out the assigned tasks carefully and responsibly. Project-related information will be treated confidentially. Intes Ltd commits itself to the customer to an objective activity oriented towards the objectives of the customer.
3. Duty to cooperate
The customer supports Intes Ltd in providing the agreed services based on timely, clear instructions and forwarding the necessary information. Any additional work caused by the customer not fulfilling the obligation to cooperate will be invoiced by Intes Ltd. It is the customer’s duty to test the delivered work. The customer cannot invoice Intes Ltd for the cost of testing.
4. Third party services
For services in the field of printing, production, photography, text and editing, Intes Ltd cooperates with selected specialists. Intes Ltd acts towards third parties on behalf of the customer. Third party work will be specified and charged by the respective companies by means of a separate offer. For the mediation (expenses for preparation of offers, comparisons and administration) we charge a consulting fee of 15% of the invoice amount. The invoice address is the address of the customer.
5. Intellectual property/copyright
All works and ideas created by Intes Ltd are at all times intellectual property of the agency. The client acknowledges the copyright of Intes Ltd. No one is entitled to modify created works without the consent of the agency.
6. Rights of use
Unless otherwise agreed, the use by the customer in terms of content, time and geography refers to the one-time use of the created product. For further use the customer has to obtain the permission of Intes Ltd and to compensate accordingly. For long term used advertising material (logos, slogans, images etc.) an additional usage fee will be charged. Unlawful use of the intellectual property Intes Ltd will result in a contractual penalty.
In the case of data and documents delivered by the customer, which serve Intes Ltd for further processing, Intes Ltd assumes that the authorization for use exists and that accordingly no rights of third parties are violated.
8. Data and documents
Intes Ltd shall keep all important order documents for at least one year after completion of the order. Beyond that Intes Ltd is exempt from further storage without any written instruction to the contrary.
The initial quote, which is based on approximate information, is considered a guideline quote. Travel expenses, material costs, subsequent requirements as well as car corrections (point 12) are not included in the offers. These will be charged additionally according to expenditure. The price commitment of the offers of Intes Ltd expires (unless otherwise noted) after 30 days.
10. Order placement
The order can be placed verbally, in writing by fax, email or letter and automatically presupposes that these “General Terms and Conditions” have been read and fully accepted.
11. Good for printing
The customer is obliged to check the control documents sent to him for errors prior to final production and, if no further corrections are necessary, to return them signed with the “good for printing”. The «good for printing» can also be sent via e-mail. The good for printing stands for form, design and content. But not for paper, image quality and color accuracy. Intes Ltd assumes no liability for defects that have not been reported.
12. Author corrections
Authors’ corrections are understood to be changes made by the customer that have not been offered. In many cases, it is incorrect data or data that is not supplied in accordance with the offer, as well as subsequent changes. If these author corrections exceed 10% of the order volume, the customer can receive an additional offer from Intes Ltd. In principle, however, author corrections are always shown separately.
13. Supporting documents
Intes Ltd may claim 5 receipts from all work produced. Furthermore, Intes Ltd has the right to use and publish these documents as evidence of its work.
All offers are always inclusive of VAT and in Swiss francs, unless otherwise stated in the offer. The invoice amount is subject to VAT. Invoices are generally due 30 days after the invoice date. If the time needed for a project exceeds 30 days, Intes Ltd reserves the right to ask for payments on account from the time the order is placed. Intes Ltd also reserves the right to define the payment conditions individually per offer.
15. Order reduction or cancellation
If a placed order is reduced or canceled, Intes Ltd has a claim to 50% of the agreed fee, whose services have been started. If the service has already been completely performed Intes Ltd is entitled to the full agreed amount. In addition, the customer has to bear the incurred expenses or advance services of third parties in full.
The liability on the part of Intes Ltd is limited to gross negligence and/or intentional fault. Damage claims are limited to the order value.
18. Complaints/notices of defects
The services and products provided by Intes Ltd are to be checked immediately upon receipt. Any complaints must be made within 5 working days.
19. Warranty & Bug fixing
The customer is required to report errors in the application within 2 months after delivery. These errors will be fixed within the defined time. Errors outside the warranty period will be removed according to effort based on the hourly rate of Intes Ltd.
20. Retention of title
The goods delivered by the contractor or transferred rights of use as well as layout or final artwork documents of any kind remain the property of the contractor until full payment has been made.
21. Internet/web-based software solutions
In the event of non-fulfillment of payment obligations, Internet presentations/web-based software solutions will be removed from the Internet after prior notice, for which the costs for a one-time setup according to the current price list will be charged additionally. Texts and images or content supplied by the contractual partner as well as links to pages on the Internet must not infringe any trademark, patent or other rights of third parties. The contractual partner is liable for damages caused by the delivered data. Images, graphics, texts as well as programming and web-based software solutions delivered by Intes Ltd are protected by copyright and are available to the contractual partner for the duration of the contract. Any further use, duplication or modification is only allowed with written permission by the agency Intes Ltd. Updates, changes, adaptations and revisions will be implemented by Intes Ltd as soon as possible. For dates of special importance deadlines can be agreed. For this work and also general activities Intes Ltd charges an hourly rate of CHF 180.00. Intes Ltd reserves the right to change this hourly rate without informing the contracting party. The hourly rate will be shown in every invoice.
The Contractor may refer to its company in a suitable manner on the contractual products with the consent of the Customer. The Customer may only refuse consent if it has an overriding interest in this.
23. Law and jurisdiction
The relationship between the customer and Intes Ltd is subject to Swiss law. The place of jurisdiction is Zurich, Switzerland.