Terms and Conditions

GENERAL TERMS AND CONDITIONS OF BUSINESS

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1. Terms of Contract
   The following conditions govern the relationship between the client and Empire Solution (hereinafter referred to as agency). They are considered an integral part of an order.

2. written form

3. Deviations from the following conditions must be in writing.
   
   PRINCIPLES

 

4. Services Agency
Within the workflow of an order, the Empire Solution provides services (physical and digital) in the areas of marketing, communication, design, project organization, etc. For other services, for example in the areas of photography and text, the agency works according to the guidelines of the relevant professional associations .

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5. Duty of Fidelity, Trade Secret
The agency undertakes to carry out the tasks assigned to it carefully, conscientiously and responsibly. It undertakes to treat confidentially any information that has been entrusted to it or that has been prepared for the client.

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6. Copyright

The agency owns the copyrights to all works created by the agency (concepts, sketches, drafts, realized projects, etc.). You can dispose of these rights in accordance with the provisions of the federal law on copyright and related rights of October 9, 1992 (as of January 1, 2017). From this principle follows, among other things, that the customer is not entitled to make changes to the relevant works, in particular to individual design elements, without the consent of the agency. The agency is entitled to designate its authorship of the works it has created in a form to be determined by it.

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7. Rights of Use, Scope of Use
In principle, the agreed rights of use are only transferred to the client once the fee has been paid in full. The scope of use of the works created by the agency results
from the purpose of the contract concluded with the client. In particular, works created by the agency, order documents or parts thereof that are handed over to the client may only be used within the framework of the agreed order. Unless otherwise agreed, this right of use applies indefinitely and excludes any use outside of the contractual purpose and the release of raw data. However, the parties can negotiate any use outside the contractual purpose and the release of raw data. The client must inform the agency of any use outside of the contractual purpose and compensate the additional use accordingly.

 

8. Software, Programming
When programming websites and/or screen designs using open source software (e.g. WordPress), the copyrights remain with the creator. If the agency programs its own software solutions, the rights to the code remain with the agency. The deadlines for maintenance and support work are specifically agreed with the client.

 

9. Warranty
In the case of processing, adaptations or redesigns of works by third parties (e.g. design work, photos, texts, samples, electronic data, etc.), the agency can assume, without express notification from the client, that the authorization for such uses exists and that no third-party rights are accordingly violated .

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10. External Subcontracting
As part of the order and at the expense of the client, the agency arranges for third-party services that are required for the realization of the order. This third-party work is approved in advance (according to the offer) by the client.

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11. Retention of Records
The agency is obliged to keep order documents, final artwork, data, etc. for a period of five years after completion or delivery at its place of business. In addition, it is released from further storage unless otherwise instructed in writing by the client.

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12. Competitions, Competitive Presentations

The agency participates in:

• Competitions that are based on the rules of the relevant professional associations.

• Competitive presentations that have the same written conditions for all participants. The compensation must be the same for all participants. 

 

13. Individual presentations
Compensation for individual presentations will be agreed before work begins. Otherwise, the following fee regulations apply.


FEE

1. Preliminary meeting
   An initial project meeting and the creation of a guideline offer are free of charge.

2. Indicative offer and fee statement
   For extensive projects, the agency prepares a written guideline offer. The agency's fee depends on the time required and the individual hourly rate. Necessary additional work due to changed specifications will be announced to the client by the agency in good time and must be shown separately in the statement.

3. Reduction or cancellation of the order
   If an order placed is reduced or cancelled, the Agency is entitled to:

   • Billing of the work done so far (pro rata temporis),

   • offsetting of expenses and advance payments of third parties,

   • Compensation for any damage resulting from the reduction or cancellation.

4. In addition, the agency has the right to use the work it has already done for other purposes if the order is cancelled. The rights of use remain fully with the agency.

5. Invoice
   The agency carries out the settlement on the basis of the guideline offer. If no such has been created, the client will receive a detailed invoice based on the work report.

6. Payment Terms
   After completion of the order, the agency will provide the services
   Invoice. This is to be paid within 10 days without deduction. In the case of a large project, an appropriate partial payment can be charged.

7. Advisory and Mediation Committees
   In principle, the agency receives consultancy and brokerage commissions in connection with obtaining offers, placing orders and checking invoices. They are to be passed on to the customer if the agency bills the customer in full for the expenses incurred in connection with the implementation and monitoring of the production.

8. fee disputes
   An arbitral tribunal is available to both the client and the agency to review disputed claims and to assess disputes over fees. This is made up of one representative from each of the parties and one other person chosen jointly by the party representatives.
   
   
   LEGAL

1. Governing Law

The relationships between client and agency are subject to Swiss law. Unless the agency's terms and conditions regulate otherwise, the provisions of the Swiss Code of Obligations in Art. 394ff apply. about the simple order.

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2. Jurisdiction

Place of jurisdiction is the place of business of Empire Solution