Below you will find the general terms and conditions for the service area of Digital Marketing Switzerland – Bogdanovic (hereinafter referred to as DMS). The current version is always visible on this page.
Subject matter of the T&C
- The following general terms and conditions apply to all legal transactions of Digital Marketing Switzerland – Bogdanovic, hereinafter referred to as “DMS”, with its contractual partners, hereinafter referred to as “customer” and regulate their legal relationship.
- Conditions of the customer deviating from these general terms and conditions will only be accepted by DMS after separate and written recognition.
- DMS reserves the right to amend these T&C at any time without notice, unless otherwise announced with immediate effect.
- DMS acts towards third parties (e.g. advertising providers, printers, publishing companies) on behalf and in the name of the customer. Invoices from third-party suppliers are made out in the customer’s name and sent to DMS for verification and forwarding.
- Unless otherwise agreed between the parties, payments are due within 30 days of invoicing. Reminders will be charged at CHF 40. The right to assert further damage remains unaffected by this regulation. The customer acknowledges that the invoices have been assigned to KMU FINANZ AG for collection.
- Offsetting customer claims against those of DMS is not permitted.
- Overdue fines and the costs – including out-of-court – of legal investments shall be paid by the customer.
- If a flat rate is not expressly agreed, the client shall pay for the actual expenditure (including expenses). The effective cost will only be invoiced after delivery of the job finished, unless otherwise agreed in writing.
- DMS can invoice the customer for partial payments. These partial services do not have to be available in a form that can be used by the customer and can also be available as a pure working basis on the part of DMS.
- In case of withdrawal from the contract or termination prior to the conclusion of the contract and/or if the preconditions for the provision of the service change, the customer shall reimburse DMS for all costs already incurred and DMS shall be released from any liabilities towards third parties.
- All prices quoted in offers and orders and the resulting fees to be paid are exclusive of the legally valid value added tax at the respective applicable rate.
- Objections to DMS payroll statements are to be raised immediately upon receipt of the invoice, but no later than 7 days after the statement or invoice date, without affecting the due date. The omission of timely objections is considered approval.
- Any expenses incurred in connection with the order will be discussed with the customer and invoiced separately. This also applies to other incidental project costs such as photo licences, printing, reproductions, etc.
- All intellectual property rights (in particular copyright) of the order results remain with DMS. All rights of use are only transferred to the customer after the fee has been paid in full. DMS expressly waives further payments resulting from further rights to the design. The customer may freely use the design work of DMS even if there is no further cooperation. However, the customer must submit an application to DMS if the graphics are to be reused. Any fines will be charged 1:1 to the customer.
- DMS reserves the right to publish the design work in an appropriate manner for self-promotion, namely in specialist articles, books, social networks or on the website www.digital-marketing-switzerland.ch.
- DMS expressly reserves the right to name the customer as a reference. Even after the project has been completed, such a work reference may not be removed by the customer, except in the case of a completely new development by another service provider. In such a case, it is not permitted to further use any work of DMS or to present it as work of third parties.
- The transfer of granted rights of use to third parties and/or multiple uses are, unless regulated in the initial order, subject to a separate fee and require the consent of DMS. DMS shall be entitled to receive information about the scope of use.
- The data of a completed order belongs to the customer and will be provided on a data medium after the project is completed, if desired. They are also archived at DMS without any warranty obligation.
- DMS assumes no liability for services provided by third parties. Liability for auxiliary parties is excluded.
- DMS liability is limited to intent and gross negligence.
- DMS shall not be liable for content and materials provided by the Customer, such as images, texts or anything similar.
- Printouts, test set-ups, etc. are to be checked for accuracy by the client immediately upon receipt; a print approval or screen approval is a valid declaration of the accuracy of the service outcome in question.
- The risk of the legal admissibility of the work performed by DMS shall entirely be carried by the Client.
- DMS makes no guarantees of success.
- DMS does not take over any warranty for services of third parties. Any warranty claims are assigned to the customer.
- Any claims for defects in relation to services provided by DMS must be made in writing and documented by the customer within 10 days of delivery of the product concerned. Notice of any defects in due time and form is a requirement for the claim of defect rights against DMS.
- Defects are deemed to be significantly impairing and reproducible deviations from the performance features and functionalities described in the offer or specifications. In comparison, we reserve the right to make conceptual or technical changes in the course of implementation at any time.
- DMS does not provide any further guarantee for the functionality, freedom from errors, suitability or other properties of the delivered service results, unless extraordinary agreements have been made.
- After a timely and formal notification of defects, DMS defective service results will either be replaced or the defect reported will be remedied at their expense. The reduction is only permissible after unsuccessful rectification. The process of conversion is excluded. Any liability for consequential harm caused by a defect, such as loss of data, loss of business, loss of profit, etc., shall be excluded in full to the extent permitted by law.
- Any entitlement of the customer to the assertion of defect rights shall lapse if the relevant service results are modified or fixed by the customer or third parties without the consent of DMS, or if the product has been improperly handled, operated and maintained.
- The parties treat all information that is neither generally known nor generally accessible as confidential. In case of doubt, information must be treated confidentially. This confidentiality obligation already exists before the conclusion of the contract and lasts beyond the termination of the contract.
- Should parts of these GTCs be invalid entirely or partially, the rest of the GTCs shall nevertheless remain obligatory.
- Rights and obligations arising from a contract concluded based on these General Terms and Conditions can only be transferred to third parties with the written consent of the other party. The transfer of the contract from DMS to a legal successor or affiliated company is excluded from this provision.
- Swiss law is applicable to concluded contracts.
- Place of jurisdiction for all disputes is the District Court of Bülach.
Date of Regulations: September 24, 2021
You can always access the current GTC at https://digital-marketing-switzerland.ch/gtc .