General Terms and Conditions

Subject of the contract

1. The subject of the contract is the provider's marketing services for a fee.

2. Should the contract contain ineffective regulations, the effectiveness of the rest of the contract remains unaffected. The services are provided exclusively on the basis of this contract.

3. The undersigned confirms that they can legally represent the client. With the conclusion of the contract, the client undertakes to provide truthful information to BAJWA WERBEKUNST.

4. The client hereby places the order with the contractor BAJWA WERBEKUNST for the execution of the services contained in this agreement under the stated conditions.

5. The client has been informed of the general terms and conditions, which are part of this contract and can be viewed on the BAJWA WERBEKUNST website. The customer accepts the general terms and conditions, including the agreed place of jurisdiction, as an integral part of this contract.

6. When executing the contract, deviations of 10% of the agreed expenses are reasonable. If expenses are incurred that exceed this value, BAJWA WERBEKUNST is obliged to inform the customer and to wait for the next steps.

GTC – general terms and conditions

validity

These general terms and conditions apply to the offer and provision of all services by BAJWA WERBEKUNST (hereinafter also referred to as "contractor"), in all points that have not been regulated separately. They apply to all current and future services until they are replaced by a new edition of the GTC.

Services of BAJWA WERBEKUNST
BAJWA WERBEKUNST provides marketing services as described on the website www.bajwawerbekunst.com

execution of the order

The customer order is executed by BAJWA WERBEKUNST according to the agreed order requirement. BAJWA WERBEKUNST provides the services according to the schedule agreed with the client. Should it be necessary during the assignment to provide services other than those agreed, this must be clarified with BAJWA WERBEKUNST in advance. Conversely, BAJWA WERBEKUNST informs the client regularly about the provision of services and immediately informs the client of all circumstances that endanger the fulfillment of the contract.

If BAJWA WERBEKUNST is late, the client grants a reasonable period of grace.

BAJWA WERBEKUNST reserves the right not to carry out the order for important reasons (e.g. impending insolvency, insolvency of the client) or in the event of non-agreed payment, whereby this does not release the client from his payment obligation.

The Client will offer the Contractor any assistance required or reasonably required to perform the Services.

Liability

As a contractor, BAJWA WERBEKUNST owes its customers (hereinafter referred to as "client") a diligent action, without guarantee for a specific success. To the extent permitted by law, the liability of BAJWA WERBEKUNST is also limited as follows:
The provision of services can be impaired or interrupted for various reasons such as pandemics, force majeure, hardware defects, interruptions in the power supply, errors in the software code or maintenance work.

BAJWA WERBEKUNST is only liable for damage caused by interruptions if it caused it through gross negligence.

The liability of BAJWA WERBEKUNST towards the client for indirect damage such as claims by third parties, lost profit and generally for consequential damage of all kinds is excluded. Furthermore, liability for direct damage is limited to the amount paid by the customer for the service in question. If, for technical reasons, the service can no longer be provided as contractually agreed, BAJWA WERBEKUNST will endeavor to fulfill the purpose of the contract as well as possible in other ways. If it incurs additional costs as a result, it only becomes active when the
Client has promised to take them over. BAJWA WERBEKUNST cannot assume any liability for such alternative activities or their omission.
BAJWA WERBEKUNST assumes no liability for the actions of the client, such as
Example: Actions that prevent or delay BAJWA WERBEKUNST from fulfilling the order.

BAJWA WERBEKUNST assumes no responsibility for damage (including viruses) caused to the client through misuse of the service by third parties. Likewise, the responsibility for the correctness of information and third-party services as well as for the corresponding rights of third parties lies exclusively with the contractor or the respective third-party provider.

Intellectual property

The client and BAJWA WERBEKUNST are entitled to use all documentation recorded during the campaign, including images and film material, for their own advertising and presentation purposes after consultation and approval. These may include registered trademarks and products of the client.

The client expressly recognizes the intellectual property of BAJWA WERBEKUNST, in particular the copyright of all suggestions and ideas expressed in the context of presentations and concepts. All rights to such results of the services, namely property rights, owner rights, intellectual property rights (in particular, but not limited to, inventions, know-how, copyrights and other intellectual or industrial property rights, regardless of whether they are registered or not), including the right to Registration of property rights and the right to change and transfer property rights to third parties remain exclusively with BAJWA WERBEKUNST.

Rights of Use

By placing the order, the client declares that he is entitled to the rights (copyrights or rights of use) to the delivered works (images, texts, music, etc.) that are necessary for the execution of the order.

If third-party copyrights or rights of use are violated through the use, processing or distribution of such works, the customer shall be liable to the contractor for any resulting damage. He will also reimburse BAJWA WERBEKUNST for the costs (including legal fees) for defending against and satisfying corresponding third-party claims.

The client receives the rights of use to all BAJWA WERBEKUNST works defined in the order for the agreed, temporally and geographically defined purpose, but not transferable to third parties. Use for undefined purposes is only permitted with the express written consent of BAJWA WERBEKUNST.

complaints

Any defects or requests for changes to the services of BAJWA WERBEKUNST must be reported in writing within 10 days, otherwise the services provided are considered to be in order and approved. There is no right to compensation. Any adjustments after these 10 days will be charged separately at the usual hourly rates. Delivery dates are only binding on the basis of a clear written agreement and taking feasibility into account.

terms of payment

Invoices are issued after the service has been rendered in full and is due within 20 days. In the case of services that extend over a period of more than 3 months, the billing for the entire service rendered or forthcoming will be invoiced in advance. All agreed prices are net prices and do not include the respective
valid statutory value added tax, currently 7.7%.

Expenses for the acquisition of third-party rights of use, licenses and author corrections as well as other additional services are to be reimbursed separately by the customer.

Invoicing is based on the contract. The invoice is deemed to be correct and accepted unless objections are raised in writing within 10 days of the invoice date.

Paid fees are non-refundable.

After expiry of the payment period, the client is in default of payment even without a reminder. In this case, BAJWA WERBEKUNST is released from its obligation to perform. However, the customer's obligation to pay continues, even for the contract period during which the contractor does not provide any service due to the customer's default in payment.

If the conditions on which the pricing is based change, BAJWA WERBEKUNST is entitled to adjust the prices and conditions to the changed conditions.

Rights to the results developed by BAJWA WERBEKUNST on behalf of the client remain the property of BAJWA WERBEKUNST until full payment has been received.

In the event of a persistent delay in payment, the contractor will usually hand over the claim to a debt collection service provider.

offsetting exclusion

The right of the contractor and client to offset claims against each other is excluded.

fee rates

Fee rate for all non-flat rate services and spontaneous orders:

CHF 100.00/hour

Term/Termination

The contract for time-based services runs for an indefinite period and can be terminated with a notice period of three months to the end of the month.

An extraordinary dissolution is only possible if both parties agree. The notice of termination must be in writing (incl. e-mail) and on time for the appointment.

Ordinary termination is only permitted after the defined minimum contract period has expired.

This does not affect the right to extraordinary termination for good cause. An important reason for termination exists for the contractor, in particular, if claims are made against the contractor for alleged violations of rights in connection with the work for the client and/or the
the customer grossly violates his obligations to cooperate under this contract.
In the event of extraordinary termination by BAJWA WERBEKUNST for good cause, the customer owes BAJWA WERBEKUNST the full outstanding fee for the minimum contract period defined in this contract and the period of notice of three months.

In the event of termination, an open balance in favor of the provider is dated
to compensate contractors.

With the termination of the contract, the obligations of the contractor expire. The minimum contract period is the number of months defined in this contract. If the termination occurs before the end of the minimum contract period or at a date that has not been agreed, the contractual payment obligation of the client remains.

Payments already made will not be reimbursed.

In the event of termination by the client before the service is put into operation, the customer owes BAJWA WERBEKUNST the fee for the minimum contract period defined in this contract.

It is not possible to pause the services.

References, work for competitors, involvement of third parties

The Contractor is permitted to use the fact that the Client has commissioned the Provider to advertise in a suitable manner, and for this purpose it may also use the Client's logos and similar in reference lists online and offline beyond the end of the contract
use.

The contractor is permitted during the term of the contract and
in addition to accepting and processing orders from clients in the same or similar sectors.

BAJWA WERBEKUNST may use third-party providers and
bring in subcontractors.

BAJWA WERBEKUNST has the right to present the present cooperation in company presentations, on websites, at trade fairs and in printed matter as a reference

Special conditions and additional services

Other services that are confirmed in writing by the client are based on the prices of this agreement. A written order confirmation by e-mail, Whatsapp or Instagram is sufficient and this is also considered a contract without a signature.

With his written confirmation, the customer acknowledges the applicable general terms and conditions of BAJWA WERBEKUNST.

If special conditions (e.g. discount for 1 campaign participation at Win4Win of 5%) regarding price and term are agreed when the contract is first concluded, these only apply to the minimum term agreed in the contract. After that, the regular prices apply without the respective
Discount.

General Provisions

The general terms and conditions of the client are excluded.

Subsidiary agreements and changes to the contract must be made in writing (including email) to be legally valid.

The Client shall keep all fees, services, documents, recommendations and reports offered to him by the Contractor confidential.

Jurisdiction and Applicable Law

The exclusive place of jurisdiction is the municipality of Adliswil. Swiss law is applicable.

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