Terms and Conditions
1. Scope
1.1. These General Terms and Conditions (GTC) govern the business relationships between Reline Studio, hereinafter referred to as "Agency," and its clients, hereinafter referred to as "Client."
1.2. Deviating terms and conditions of the Client will only be recognized if the Agency has expressly agreed to them in writing.
1.3. These GTC apply to all services and products offered by the Agency.
(Legal Basis: Swiss Code of Obligations (OR) Art. 394 ff.)
2. Services of the Agency
2.1. The Agency provides a variety of creative and digital services, including but not limited to:
- Design and Branding
- Marketing and Campaign Planning
- Production of Digital Content (e.g., Websites, Videos, Photos)
- Search Engine Optimization (SEO) and Online Advertising (e.g., Google Ads, Meta Ads)
- Social Media Marketing and Content Creation
- Consulting services in the area of digital marketing and branding
(Legal Basis: Swiss Code of Obligations (OR) Art. 394 ff.)
3. Conclusion of Contract
3.1. A contract between the Agency and the Client is concluded through the written or oral confirmation of the order by the Agency.
3.2. Offers from the Agency are non-binding and subject to change.
3.3. By accepting the offer, the Client confirms their agreement to these GTC.
3.4. Oral commitments are as binding as written confirmations.
(Legal Basis: Swiss Code of Obligations (OR) Art. 1, Art. 6, Art. 7, Art. 16)
4. Prices and Payment Terms
4.1. The Agency's fees are based on the prices specified in the contract. All prices are exclusive of statutory VAT.
4.2. The Client has the option to pay the total amount in advance or in two installments:
- 50% upon order placement
- 50% upon design approval
4.3. Invoices are payable within 14 days of the invoice date without any deduction.
4.4. Additional services or changes not included in the original contract will be billed according to the agreed hourly rates.
4.5. Payment Default: If the outstanding amount is not paid on time, the Agency will not charge reminder fees for the first reminder, in which a new payment deadline is set. If the Client does not settle the outstanding amount within the new payment deadline, the Agency may charge the Client a fee of CHF 40 for the first reminder and CHF 60 for the second reminder to cover the incurred expenses and damages. The Client further acknowledges that the Agency may work with a collection agency in the event of debt collection, and the costs of the assignment will be charged to the Client. The Agency reserves the right to temporarily suspend the website without prior notice due to non-payment after the first reminder until payment is received from the Client.
4.6. Use of Works in Case of Payment Default: If the Client has not paid the outstanding amount after the second reminder, the Client loses the right to use the works created by the Agency. Should the Client still use the works, the Agency reserves the right to take legal action for violation of copyrights and digital content rights under the Swiss Copyright Act (URG).
4.7. Costs in Case of Client's Non-Response: If the Client does not respond to inquiries or feedback from the Agency regarding an open project within a reasonable period, the Agency reserves the right to invoice the services rendered to date and send the invoice to the Client.
(Legal Basis: Swiss Code of Obligations (OR) Art. 102, Art. 106; Swiss Copyright Act (URG) Art. 62)
5. Client's Obligations
5.1. The Client is obliged to provide all necessary information, documents, and materials required for the execution of the orders in a timely and appropriate manner.
5.2. The Client is obliged to promptly review the services provided by the Agency and immediately report any defects in writing.
5.3. Delays caused by insufficient cooperation from the Client will be at the Client's expense.
(Legal Basis: Swiss Code of Obligations (OR) Art. 97, Art. 365, Art. 367)
6. Copyright and Usage Rights
6.1. All copyright and usage rights to the works created by the Agency remain with the Agency unless expressly agreed otherwise. This includes, without limitation, all designs, brands, logos, websites, videos, photos, texts, and other creative works.
6.2. The Client receives comprehensive but non-exclusive usage rights to the works created solely for the contractually agreed purpose.
6.3. Any further use, modification, or distribution of the works requires the express written consent of the Agency.
6.4. The Agency reserves the right to use the created works for its own portfolio purposes. The Client may object to this use by notifying the Agency in writing in advance.
6.5. The Client may not pass on the works created by the Agency to third parties or use them for other projects or purposes without prior written approval from the Agency.
6.6. Obligation to Use and Manage: The Client agrees to keep the works created by the Agency (e.g., websites, videos, photos, texts) online or in active use for at least two years. During this time, the works must remain under the management of the Agency. If the Client takes over the management of the works or transfers them to third parties, the Client is obliged to pay the full costs incurred for the creation and management of the works. If this obligation is not met, the Agency reserves the right to take legal action and claim damages.
(Legal Basis: Swiss Copyright Act (URG) Art. 10, Art. 16, Art. 19)
7. Changes and Costs
7.1. After design approval, three changes are included in the price. Any additional changes will be charged at CHF 60/hour.
7.2. Changes or additional requirements arising after design approval must be confirmed in writing and may affect the timeline and costs.
7.3. The Client will be informed of the costs for additional services or changes before they are carried out and must approve them in writing.
(Legal Basis: Swiss Code of Obligations (OR) Art. 365, Art. 374)
8. Liability and Warranty
8.1. The Agency is only liable for damages caused by intentional or grossly negligent behavior. For slight negligence, the Agency is only liable for breaches of essential contractual obligations.
8.2. Liability for indirect damages, consequential damages, or lost profits is excluded.
8.3. The warranty period is 12 months from acceptance of the service.
8.4. Defects must be reported by the Client in writing immediately upon discovery. The Agency will rectify justified defects within a reasonable period.
(Legal Basis: Swiss Code of Obligations (OR) Art. 97, Art. 100, Art. 210, Art. 367)
9. Confidentiality
9.1. The parties undertake to keep all knowledge of business secrets and confidential information obtained during the contractual relationship confidential for an unlimited period of time.
9.2. This obligation continues after the end of the contractual relationship.
(Legal Basis: Swiss Code of Obligations (OR) Art. 321a)
10. Contract Duration and Termination
10.1. The contract is concluded for the duration agreed in the contract.
10.2. Both parties may terminate the contract extraordinarily for good cause. Good cause exists in particular if one party significantly violates its contractual obligations and does not remedy the violation within a reasonable period after a written warning.
10.3. Termination must be in writing.
(Legal Basis: Swiss Code of Obligations (OR) Art. 319, Art. 320, Art. 337)
11. Applicable Law and Jurisdiction
11.1. These GTC and all legal relationships between the Agency and the Client are governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.2. The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the registered office of the Agency.
(Legal Basis: Swiss Code of Obligations (OR) Art. 5, Art. 6)
12. Final Provisions
12.1. Amendments and supplements to these GTC must be made in writing.
12.2. If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.
12.3. The Client is not entitled to assign claims from the contractual relationship without the prior written consent of the Agency.