General Terms and Conditions

1. General Provisions

The following provisions govern the relationship between the client and the service provider. They are an integral part of the mandate once the client accepts an offer. They also apply in the case of written or oral orders, whether or not accompanied by a quotation.

2. Services

The service provider is responsible for providing design and production services for communication materials (print and digital), marketing campaigns, artistic and cultural direction, visual creation (photo, video, or digital), and project management. Services are described in detail in a quotation or service offer. These services will be provided by the service provider and other providers managed by the service provider.

3. Liability

By approving campaigns and messages, the client assumes responsibility for the communications and information published, whether in print or audiovisual or electronic media.

4. Good Faith and Confidentiality of the Service Provider

The service provider undertakes to execute the mandate in good faith and with professional diligence. They are required to maintain confidentiality regarding all information communicated by the client, as well as information obtained during the execution of the mandate.

5. Obligations of the Client

The client undertakes to execute the contract in good faith. In particular, they commit to providing instructions and all necessary information for the proper execution of the mandate within the deadlines set by the service provider. The service provider reserves the right to charge the client for additional time resulting from a lack of clear communication or instructions from the client.

6. Quotation

The quotation estimates as precisely as possible the work to be performed within the expected timeframe and budget. Prices are calculated based on hourly rates or per deliverable. They take into account the needs and information provided by the client and other providers. Once accepted, the quotation is countersigned by the client and serves as a confirmation of the order. Information and materials provided by the client must be accurate and delivered on time to avoid delays in orders and smooth execution of work. Any change to the specifications, deletion, or modification of an order must be explicitly agreed in writing between the client and the service provider. Changes to the initial budget are possible with the explicit written agreement of both parties. Offers are valid for 30 days from the date of issue. Payment terms are 50% of the total upon order confirmation and 50% at the end of the mandate, or as per a specific arrangement.

7. Deadlines and Delays

Delivery times, whether written or oral, are given as an indication. The service provider cannot be held responsible for delays if data is not provided by the client or a third party within the requested or reasonable timeframes. The service provider is not responsible for delays caused by the client, third parties, or other service providers. Any costs arising from such delays will be borne entirely by the client. The client cannot use a delay as a reason to terminate the collaboration with the service provider or to claim compensation.

8. Modifications and Suspension

Additional requests (not included in the initial offer, new versions and corrections, technical modifications and web development, content integration, layout, image and video retouching, etc.) after confirmation (oral or written) will be estimated and invoiced separately. Each offer includes time allocated for revisions, corrections, and project follow-up. In case of work suspension requested by the client or if the client provides no further instructions, the service provider reserves the right to invoice for work already completed, related administrative costs, and any damages resulting from the suspension of the contract.

9. Copyright

Copyright for all works created by the service provider belongs to the service provider from the moment of creation. Under this contract, a "work" is considered any intellectual creation, literary or artistic (including graphic, photographic, or technological), with an individual character. Any preliminary work prepared for an offer, quotation, or service proposal is covered by the service provider's copyright. The service provider has the right to freely use it according to the Swiss Federal Copyright Act and Related Rights of October 9, 1992. The service provider has the right to be recognized as the author by adding their name or a distinctive sign to the works created. They may also use the created works for the promotion of their business and activities, including on social media. The service provider retains intellectual property of the works while granting the client a full and unlimited license for use within their professional activities. This license allows use, modification, and exploitation of the work, subject to copyright laws.

10. Termination

In case of termination of the mandate by the client, regardless of the reason, amounts agreed in a quotation or offer are 100% due.

11. Acquisition of Products by the Client

The client undertakes to acquire and provide all physical or digital elements necessary for the execution of the mandate. This includes, but is not limited to, photos, illustrations, fonts, graphic elements, domain names, web hosting, etc. The service provider will use these elements provided by the client for the project in accordance with the terms of the contract. Acquired products remain the property of the client, who retains all rights regarding their use inside and outside the mandate. The service provider has no ownership rights over these provided elements unless explicitly agreed in writing by both parties.

12. Applicable Law and Jurisdiction

All disputes regarding the interpretation and execution of the mandate, as well as these general terms and conditions, will first be discussed to find an amicable arrangement between the client and the service provider. In the absence of such an arrangement, the dispute will be submitted to the competent courts of the Canton of the service provider's domicile, i.e., the Canton of Vaud. Swiss law applies.