These General Terms and Conditions (GTC) govern the conclusion, content and processing of orders between CRAFFT AG ("Crafft") and the customer ("Customer"), which the Customer accepts by placing the order (verbally, in writing or electronically) or accepting the service.
Deviations from these General Terms and Conditions of Business - in particular the validity of the Customer's conditions of purchase - require the express written confirmation of Crafft in order to be valid.
Crafft provides the following services in the field of visual design and branding (print, web and interior design): Job preparation and planning, strategy, conception and drafts, detailed design and execution, realisation, production supervision and web programming. For further services in the areas of photography, text and editing, Crafft works together with a broad network of specialists.
Crafft undertakes to carry out the tasks assigned to it carefully, responsibly and in accordance with the contract and within the framework of the operational resources available to it. Information entrusted to it or developed for the client shall be treated confidentially.
The Client bears sole responsibility for the content which he makes available to Crafft for the fulfilment of the order. He guarantees to be the owner of the intellectual property he uses or to have the corresponding rights.
The Client undertakes to make proper use of all services provided by Crafft. In addition, the Customer shall provide all necessary support to enable Crafft to provide its services. Crafft will charge for any additional expenditure arising from the Customer's failure to comply with the obligation to cooperate.
For third party work in the areas mentioned under "Scope and Content of Services", Crafft works with independent specialists selected specifically for the project. Crafft usually acts on behalf of the client in relation to third parties. This third-party work is included in our cost estimates as a third-party service and invoiced to the client by Crafft.
Mehrkosten bedingt durch Mehrleistungen auf Wunsch des Kunden sowie Konzeptänderungen durch den Kunden oder sonstige, von der ursprünglichen Offerte abweichende Mehraufwände, gelten als Change Request und werden von Crafft zusätzlich offeriert und dem Kunden verrechnet.
Additional costs due to additional services at the request of the client as well as concept changes by the client or other additional expenses deviating from the original offer are considered a change request and will be additionally offered by Crafft and charged to the client.
The Client shall pay the invoice for the services provided by the due date specified in the invoice or within the specified payment period. In the absence of a due date or payment period being specified, a payment period of 30 days from the date of the invoice shall apply. The goods/services remain the property of Crafft until payment has been made in full.
Complaints by the client regarding the execution or non-execution of orders of any kind or objections to invoices as well as other notifications must be made immediately, but at the latest within 30 days. Otherwise, the execution or non-execution shall be deemed approved.
Crafft stands by the client for faithful and careful execution of their services.
Crafft is only liable for proven damages incurred by the Customer due to grossly negligent breach of contract by Crafft. Any further liability of Crafft for direct or indirect damages, such as loss of profit, loss of earnings, loss of data or claims of third parties, is excluded.
The availability, completeness, correctness and up-to-dateness of information and services offered or provided by third parties are the sole responsibility of the respective providers. Crafft excludes any responsibility and liability for this.
The contract becomes effective with the placing of the order (verbally, in writing or electronically). The contract ends after both parties have fulfilled their contractual obligations.
Both parties have the right to terminate the contractual relationship at any time. In particular, Crafft is entitled to terminate the contractual relationship without notice if the Customer breaches the international or Swiss legal system or if there is reasonable cause to fear such a breach of law or if the Customer breaches Crafft's General Terms and Conditions or other contractual agreements or if there is reasonable doubt about the Customer's ability to pay.
In the event of withdrawal from the contract by the client or termination of the contractual relationship without notice for important reasons, the remuneration shall be calculated according to the services already rendered.
The copyrights of all, immaterial and material, works created by Crafft belong in principle to Crafft or the respective author.
It further follows from this principle that the Client is not entitled to make changes to the work in question - in particular to the design - without the consent of Crafft. The idea and design remain the intellectual property of Crafft.
The scope of the permitted use of the works created by Crafft results from the order description or the offer. The works created by Crafft, order documents or parts thereof, which are handed over to the Client, may only be used within the framework of the agreed order.
Unless otherwise agreed, the use by the Client in terms of content, time and geography relates to the one-off use of the created product. For any use outside the purpose of the contract, the Client must obtain permission from Crafft and compensate Crafft accordingly. In the case of long-term use of advertising material (logos, claims, slogans, images, etc.), a usage fee will be charged in accordance with the cost estimate. Unlawful use of Crafft's intellectual property will result in a contractual penalty.
The Customer undertakes to immediately ward off claims by third parties for infringement of property rights and to assume all costs, including compensation for damages, which Crafft incurs as a result.
Crafft shall keep all documents required for the fulfilment of the contractual obligations with due care for the duration of the cooperation.
Crafft can only be obliged to hand over documents and data relating to the work if the transfer of the associated rights to the Client has been compensated or agreed as a priority. The documents and data brought in by Crafft are to be handed over to the latter at any time on request.
If the Client does not request the return of the documents and data relating to the work within one year of order fulfilment, Crafft is entitled to destroy them.
Crafft is entitled to cite orders and work results as references in any form and any media.
Crafft expressly reserves the right to be named and - unless otherwise agreed - the right to publish the works created on its own channels such as its own website, Facebook, Twitter, YouTube, etc.
Crafft reserves the right to amend the GTC at any time. The customer will be informed of the changes in a suitable form. Subsequent amendments or additions to these GTC shall become part of the contract and shall be deemed approved without objection within one month.
The contractual relationship between the parties is subject to Swiss law. The place of jurisdiction for all legal disputes between the Customer and Crafft in connection with this contract shall be Zurich, the registered office of Crafft.