Terms and Conditions
Scope
These General Terms and Conditions govern the collaboration between Daverion Digital KLG (hereinafter “Daverion Digital”) and its clients. They form an integral part of any assignment.
Services of Daverion Digital
Daverion Digital provides the following services in the field of digital products and technology: strategy and consulting, concept and design, software and web development, implementation and technical delivery, copywriting, project management, marketing, and e-commerce.
Duty of care and confidentiality
Daverion Digital undertakes to perform the tasks assigned to it with due professional care. It undertakes to treat as confidential any information entrusted to it or developed for the client.
Fees
Services provided by Daverion Digital are as a rule compensated on the basis of actual time spent. The quotation is the basis for invoicing. It is binding for the agreed scope of services in the sense of a cost ceiling. If, in the course of the project, it becomes apparent that actual expenditure will exceed the amounts stated in the quotation, Daverion Digital is obliged to notify the client as early as possible. Additional work resulting from content changes or additions not listed in the quotation will be charged separately. All amounts stated in quotations are always exclusive of value added tax. The agreed fee is not adjusted for inflation.
Third-party costs
In the course of the assignment and at the client’s expense, Daverion Digital may commission third-party services, such as hosting, licences, advertising platforms, specialist contractors or similar. These costs must be submitted to the client for approval before the corresponding order is placed. Third-party costs are as a rule invoiced directly.
Invoicing and payment
Accrued costs are as a rule invoiced to the client once a month. The client shall pay amounts due within 30 days net.
Cancellation or reduction of the assignment
In any event, the client shall fully compensate Daverion Digital for services already performed on the basis of actual work. Advance services by third parties will also be charged. The same applies in the event of a reduction of the assignment to work already performed by Daverion Digital and by third parties up to that point.
Ownership
Title and intellectual property in source code, designs, user interfaces, texts, documentation, prototypes, digital assets, working files and other work results created in whole or in part by Daverion Digital for the client remain with Daverion Digital. Daverion Digital may dispose of the copyrights in accordance with the provisions of the Federal Act on Copyright and Related Rights of 9 October 1992. It follows from this principle, among other things, that the client is not entitled to make changes to the works concerned without the consent of Daverion Digital.
Rights of use
The scope of permitted use of works created by Daverion Digital follows from the purpose of the assignment agreed with the client. In particular, works, project materials or parts thereof created by Daverion Digital and handed over to the client may be used exclusively within the scope of the agreed assignment. Unless otherwise agreed, the client’s use in terms of content, time and territory is limited to a single use of the works created by Daverion Digital. For any use outside the contractual purpose, the client must obtain permission from Daverion Digital and compensate it accordingly. Unless otherwise agreed, rights of use of third parties (in particular software, licences, fonts, libraries, APIs, content and similar) are subject to the same provisions.
Warranty
When editing, adapting or transforming works of third parties (for example existing software, websites, brands, content, data or other digital materials), Daverion Digital may, in the absence of an express notice from the client, assume that the client is entitled to such use and that no third-party rights are infringed.
Documentation
Important project decisions are as a rule recorded in writing by Daverion Digital.
Credit as author
Daverion Digital and third parties engaged by it may as a rule appear as authors in their own communication. Timing and scope do not need to be coordinated with the client. As a rule, only publicly accessible information may be used in Daverion Digital’s own communication.
Non-compete
Before the start of the collaboration, Daverion Digital informs the client of existing contracts with competing companies or for competing products or services. For the duration of the assignment, Daverion Digital undertakes not to provide services for competing companies or for competing products or services without the client’s consent.
Retention
Work results are retained by Daverion Digital for two years from the date of the last invoice.
Reference material
For all delivered work, the client shall provide Daverion Digital with reasonable reference material, such as links to publicly available products, screenshots or recordings. Daverion Digital is entitled to use this material as evidence of performance and to publish it.
Written form
Deviations from these General Terms and Conditions require written form.
Place of jurisdiction
The place of jurisdiction for all disputes arising from the project relationship is Zurich, Switzerland.