Con­di­tions

Pre­lim­in­ary re­mark

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.

 

Scope and con­tent of the ser­vices

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.

 

Re­spons­ib­il­ity and ob­lig­a­tions of Crafft

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.

 

Re­spons­ib­il­ity and ob­lig­a­tions of the cli­ent

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.

 

Of­fer

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.

 

Set­tle­ment

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.

 

Com­plaint

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.

 

War­ranty and li­ab­il­ity

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.

 

Dur­a­tion and ter­min­a­tion of the con­tract

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.

 

In­tel­lec­tu­al prop­erty

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.

 

Right of use

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.

 

Prop­erty right

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.

 

Data and doc­u­ments

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.

 

Ref­er­en­ces and dis­sem­in­a­tion

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.

 

Amend­ment of the Gen­er­al Terms and Con­di­tions

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.

Ap­plic­able law and place of jur­is­dic­tion

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.