This was translated for convenience. For legal purposes, the original version in German should prevail.
1. Scope and subject matter of the general terms and conditions
These terms and conditions apply to all services and products delivered by Cleverclip GmbH (henceforth known as “provider”) to its clients. Differing arrangements are only valid if they are agreed upon in an explicit and written manner between the provider and the client. Individual or general contractual terms, which contradict these terms and conditions will not be accepted by the provider and are not legally binding in the relationship between the provider and the client.
The contract between the client and the provider will come into effect through an oral agreement or informally by using the provider’s services. The details and scope of the services result from these terms and conditions as well as possible further individual agreements.
3. Services offered by the provider
The provider will deliver its services to the best of her abilities. In case of a late payment or other breaches of duty, the provider reserves the right to alter rights, type, scope, prices and the terms and channels of the purchase of its services. Prices are always stated in Swiss Francs. Calculations are based on the provider’s list prices applicable on the day of the delivery of the product.
4. Client obligations
The client is obliged to pay the agreed fee in full. The client is also obliged to guarantee that the provider can fulfil her services. Depending on the circumstances, this might include delivering specific information and documents to the provider.
The provider is always determined to deliver a high degree of professional services. The provider assumes no liability for statements made in advertisements and/or offers. The provider does not warrant a guarantee for the aim that is to be reached. She only guarantees to deliver the promised services in line with industry standards. The provider refuses any liability and warranty, which could be created during the delivery of the services for the client. This applies to cases that involve small and medium negligence. The provider thus only assumes liability for deliberate and reckless negligence, which created veritable damage to the client. Assuming liability for consequential as well as indirect damages is ruled out in any case.
6. Intellectual Property Rights
All delivery of contents and services by the provider are protected by copyright. Paying for and using the provider’s services does not include a transfer of intellectual property rights to the client.
7. Data protection
The provider takes all reasonable measures to protect the data she stores. The access to this data by third parties does not cause a liability of the provider and its contract partners. The provider uses customer data to fulfill its offered services in accordance with contractual and legal conditions. The client fully agrees with the storage and use of its data by the provider. The client has the right to prohibit the use and handling of data for marketing purposes.
8. Invoice, payment terms and delay
The client is obliged to pay all bills in full. Before the beginning of an assignment, a deposit of 40% of the agreed fee is due. After the deposit has been made, the provider starts with the fulfillment of its assignment. The client binds herself to pay the outstanding payment within 30 days after delivery of the bill. If the client does not meet this deadline, his payment is in default. A late notice comes into effective automatically, the applicable interest rate is 7%
9. Applicable law, jurisdiction
To both the terms and conditions as well as the legal relationship between the provider and her client, Swiss law is applicable. Excluding place of jurisdiction is the provider’s main office.