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Terms and conditions
1. General
These Terms and Conditions govern the contractual relationship between IRIS BURKARD Kommunikationsgestaltung GmbH (hereinafter referred to as "IRIS BURKARD") and the client. They are an integral part of every order. The client's terms and conditions of business are only applicable if they have been accepted in writing by IRIS BURKARD and are not in conflict with the present General Terms and Conditions.
Services are specified in customer-specific quotations. In particular, the nature of the services to be rendered by IRIS BURKARD, their scope, duration, and remuneration are regulated therein,
duration and remuneration. The cost estimates refer to the state of knowledge at the time of the preparation of the offer. Invoicing is effectively based on time and effort.
The conclusion of the contract comes about through the verbal or written acceptance of the offer by the client. The contract is also concluded
when the client makes use of the services offered by IRIS BURKARD.
In case of absence, IRIS BURKARD is entitled to appoint a substitute. It is also authorized to involve third parties for the provision of services.
2. Briefing
The first meeting (contact, offer discussion) for a design order is free of charge and non-binding for both parties.
3. Fiduciary duty
IRIS BURKARD commits itself to treat confidentially project-related information entrusted to it or developed for the client.
4. Cooperation of the client
The client is obliged to provide IRIS BURKARD with all documents necessary for the fulfillment of the order (in particular texts, photos, logos, graphics, etc.) in due time and to the extent agreed upon. The Client shall be responsible for any delays.
The client assures that he is authorized to use the works supplied by him. IRIS BURKARD is released from all claims for compensation by third parties.
5. Copyright and intellectual property
All works and ideas (concepts, drafts, etc.), immaterial and material, created by IRIS BURKARD are at all times the intellectual property of IRIS BURKARD. No one is authorized to use, and/or modify or sell these created works without their express consent. If several drafts or variants have been elaborated, all rights to the variants and drafts remain fully with IRIS BURKARD. The client is not entitled to use or pass them on in any form.
6. Scope of use
The extent of the permitted use of the works created by IRIS BURKARD results from the order description or the offer. The created works, order documents or parts thereof, which are handed over to the client, may be used exclusively within the framework of the agreed order. Unless otherwise agreed, the use by the Client in terms of content, time and geography shall relate to the agreed use of the created product. For any use outside the purpose of the contract, the client must obtain the prior written permission of IRIS BURKARD and, depending on the agreement, compensate IRIS BURKARD accordingly.
7. Obligation of retention
IRIS BURKARD keeps all important order documents and especially the digital data for one year after completion of the order.
8. Specimen copies
IRIS BURKARD is to be provided, without being asked, with 10 perfect copies of all produced works (including reprints), in the case of books or other valuable pieces with 5 copies. IRIS BURKARD is entitled to use and publish these vouchers as proof of the performance of its work.
9. Fees, expenses and due date
The client owes a fee for the services rendered by IRIS BURKARD. Unless otherwise expressly agreed, this fee is based on the time spent and amounts to CHF 160.00 per hour. 5 % material costs are added to the fee as a lump sum. Order-related expenses will be charged to the client on a 1:1 basis according to the actual expenditure. Travel by private car will be charged at 0.70/km.
All amounts are calculated in Swiss francs and are net amounts, payable plus the statutory value added tax, without deduction within 10 days of the invoice date, unless otherwise stated.
10. Services and invoices of third parties
Third-party work shall be specified and invoiced by the respective companies by means of a separate quotation. The client is liable for the invoices of third parties. IRIS BURKARD acts exclusively as an intermediary and consultant and always on behalf of the client.
The invoice address is the address of the client. For control purposes, invoices from third parties must be sent in duplicate to IRIS BURKARD.
11. Approval
The client is obliged to check the control documents sent to him before the final production for errors and to return them signed and within the stated period, together with the "Approval" and any correction details. The approval for production can also be sent by e-mail. IRIS BURKARD assumes no liability for defects which have not been communicated.
12. Premature termination
In case of premature termination of the contract, the client has to pay for all costs actually incurred by IRIS BURKARD until the receipt of the cancellation of the order (including third party costs).
13. Limitation of liability
Manuscripts, data carriers and originals handed over to IRIS BURKARD will be treated with the usual care. Further risks have to be borne by the client himself, without a special written agreement, or to be insured.
Any liability exceeding the value of the order for any claims asserted as a result of direct or indirect damage from defects is rejected. Liability is limited to gross negligence and wilful misconduct. Any further liability as well as liability for auxiliary persons and third parties is excluded as far as legally permissible.
14. Letter of complaint
The services and products provided by IRIS BURKARD are to be checked immediately upon receipt. Any complaints must be made within 8 days. In case of violation of the obligation to inspect and to give notice of defects, the work shall be deemed to have been accepted free of defects.
It is pointed out to the client that the graphic works are subject to the artistic scope of IRIS BURKARD. If the client does not agree with any of the presented concepts, although they meet the agreed requirements, the fee is still owed. Complaints and/or notices of defects with regard to the artistic scope exercised by IRIS BURKARD are therefore excluded.
If there is a defect and this has been reported in time, the client is entitled to demand rectification free of charge. The right to rescission and reduction is explicitly excluded.
15. Applicable law and place of jurisdiction
Swiss law is applicable.
The place of jurisdiction is the competent courts at the domicile of IRIS BURKARD.
If a provision of these GTC is wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
Status: October 2020