Terms & Conditions

1. Scope of application
1.1 These General Terms and Conditions (GTC) govern the contractual relationship between Anna Unternährer (hereinafter "A.U") and her clients (hereinafter the "clients", collectively the "parties"). They apply in their currently valid version for an indefinite period for all orders placed with A.U.

1.2 Terms and conditions of the client that conflict with these GTC are only valid if A.U. expressly agrees to them in writing.

1.3 The provisions listed in the GTC apply to all offers and services of A.U. and are an integral part of the accepted offers and contracts. Deviating written agreements within the special agreements take precedence over these GTC.

1.4 The current and binding version of the GTC is published at www.annaunt.com. By using the services of A.U., the client agrees to the terms and conditions.

2. Offer
2.1 The costs stated in an offer and the expected duration of the implementation of the services offered (hereinafter referred to as the "time frame") are approximate values, unless the values are bindingly guaranteed. In particular, changes to orders before or during the execution of the project as well as unexpected difficulties during execution may lead to deviating costs and a deviating time frame.

2.2 The first offer is an indicative offer and is free of charge, as is the initial consultation. It is valid for 30 days.

2.3 The offer only includes the services expressly listed therein. Changes or additions may lead to changes in costs or price and time frame.

2.4 Third-party services are not included in the offer, but are offered separately (see clause 4.1). However, the offer may indicate what third-party services are necessary for the successful execution of the project.

3. Conclusion of contract
3.1 The offer is also a contract. The contract is concluded with the consent of both parties.

4. Obligations of the contracting parties
4.1 A.U. performs her services with due care and to the best of her knowledge and belief. A.U. endeavors to adhere to an agreed time frame. A.U. is entitled to call in auxiliary persons and third parties to fulfill the contract. A.U. acts on behalf of the client vis-à-vis third parties.

4.2 Clients are obliged to provide A.U. with all information required for the execution of the services.

4.3 Clients are obliged to provide A.U. with all data and materials and any infrastructure required for the performance of the services in good time and free of charge.

4.4 Clients are also obliged to ensure that the data and documents supplied by them, which A.U. uses for further processing, have all the necessary rights of use and do not infringe any third-party rights. Any liability of A.U. for this is excluded. The client undertakes to indemnify A.U. in full.

4.5 A.U. is dependent on the necessary project decisions being made by its clients in good time and within the specified time frame in order for the project to be completed on schedule. This includes, in particular, the timely acceptance and inspection of (partial) results, the timely issue of the "good to print" and other steps in the respective project.

5. Scope of services and changes to services
5.1 The scope of services is determined by the services specified in the contract (hereinafter the "contractual services"). All agreements over and above the original text of the contract shall be deemed to be agreements regarding changes to services.

5.2 Changes, additions or extensions to the contractually agreed services are deemed to be service changes that may lead to additional costs. If desired, A.U. can provide an estimate of the additional costs.

5.3 If the client requests other changes to services, A.U. shall make a new offer for the additional services to the original contract.

5.4 Author corrections refer to additional services caused by the client that were not included in the original offer and result in extra work for A.U. This includes the provision of incorrect, faulty, incomplete, or non-conforming client data. Such corrections are considered a change in scope and will be billed to the client based on the additional work required. By agreeing to these Terms and Conditions, clients consent to author corrections.

6. Delivery and acceptance procedure
6.1 In the case of contracts for work and services, A.U. delivers the contractually owed service (hereinafter referred to as the "work") by handing it over to the respective client. If contractually agreed, delivery of the work in stages (hereinafter referred to as "partial delivery") is also possible. The respective client is responsible for checking and reporting any defects.

7. Inspection and notification of defects
7.1 Clients must inspect delivered works – including partial deliveries – immediately and report any defects without delay. Any complaints must be made within 5 working days. The warranty period for hidden defects is 1 month from completion of the agreed services.

7.2 All notices of defects must be made in a form that allows proof by text. Without a corresponding complaint, a delivered work or a delivered part of a work shall be deemed accepted.

8. Warranty and liability
8.1 A.U. guarantees the provision of the service or the creation of the work in accordance with the contractual agreements. A warranty for verbally assured properties is excluded. A.U. is not liable for services provided by third parties in an independent capacity.

8.2 Deviations from contractually owed services and requests for adjustments must be reported by clients within the deadlines specified in clause 7.1 and in the form provided for this purpose. If no complaint is made within this period, the service or work shall be deemed to have been accepted.

8.3 In the event of justified complaints, the client has a right to rectification. A.U. must carry out the rectification within a reasonable period of time agreed between A.U. and the client and at her own expense.

8.4 Reduction and rescission are excluded. Rescission shall be excluded in particular if partial deliveries have been made and accepted by the client.

8.5 Any further warranty rights are excluded. Liability for consequential damage caused by defects is also expressly excluded.

9. Remuneration
9.1 If a fixed price is agreed, the remuneration shall generally be based on the contractual agreement. All quotations are always exclusive of VAT and are amounts in Swiss francs.

9.2 The fixed price does not include the services excluded under clause 4.1. Such services will be invoiced separately.

9.3 The fixed price does not include changes to services in accordance with clause 4.2. In the event of changes to services, the procedure set out in clause 4.2 shall apply.

9.4 Unless otherwise contractually agreed, remuneration shall be calculated on a time and material basis. The work performed shall be invoiced in full and half hours.

10. Expenses
10.1 Travel times, material costs and expenses agreed with the client in connection with the order shall be invoiced additionally.

11. Terms of payment
11.1 Invoices shall be issued at the latest after delivery of the contractually owed service. The payment period is 10 days net, unless another payment period has been agreed.

11.2 In the case of extensive projects, 50% of the quoted amount is due and payable when the order is placed, the remaining 50% (plus costs for any additional services) after completion of the project, 10 days after the invoice date, unless otherwise stated.

12. Order reduction, contract withdrawal, cancellation of paid consultations
12.1 If an order placed is reduced or canceled, A.U. is entitled to at least 50% of the agreed fee, depending on the progress of the work. If the service has already been provided in full, A.U. is entitled to the full agreed fee. In addition, the client shall bear the full amount of any expenses incurred or advance payments made by third parties.

12.2 Paid consultations can be canceled or postponed free of charge up to 24 hours before the scheduled appointment. In the event of cancellation within 24 hours of the appointment, the full amount of the agreed fee will be charged. In the event of a no-show on the agreed date, the full amount will also be charged. The amount will be credited to the client when the next session is booked.

13. Value added tax
13.1 The company of A.U. is currently not subject to VAT.

14. Deadlines and appointments
14.1 The deadlines contained in the contract are approximate values, unless the deadlines are bindingly guaranteed in the contract. Particularly in the case of projects with an adaptive or agile approach, the scheduling, including the time frame, only represents an approximate time target. The parties may adjust the schedules or deadlines in writing by mutual agreement.

14.2 Consultations that have been confirmed in writing or via Google Calendar are considered binding. These appointments may be changed or canceled subject to the provisions of clause 11.2.

15. Delay
15.1 Non-compliance with the planned time frame does not automatically lead to default on the part of A.U. However, A.U. is obliged to inform clients of delays. If the planned time frame cannot be adhered to for reasons attributable to the client, clause 14.1 shall apply.

15.2 Insofar as A.U. is not grossly at fault for a delay, she shall not be liable for any damage caused by the delay. The incorrect assessment of technical or other difficulties (and the associated longer solution time) shall not be considered gross negligence.

15.3 After expiry of the payment deadlines in accordance with clause 10.1, clients shall be in default without further ado. In particular, no payment reminder is necessary. In this case, A.U. is entitled to suspend the work. Any binding deadlines guaranteed by A.U. shall lapse in this case. clients are liable to A.U. for any additional expenses.

15.4 If the planned schedule cannot be adhered to for reasons attributable to the client – for example in the event of a breach of obligations in accordance with 3.2-3.5 – the client shall be liable to A.U. for any additional expenses.

15.5 The parties shall be in default without further ado if they fail to meet the agreed deadlines pursuant to clause 13.2. If one party is in default, the other party may either set a reasonable deadline for subsequent performance or withdraw from the contract.

16. Intellectual property and rights of use
16.1 All works and ideas created by A.U. are at all times the intellectual property of A.U. The client recognizes the copyrights of A.U. Works created by A.U. may not be modified without her consent.

16.2 Unless otherwise agreed, the content, temporal and geographical use by the client relates to the one-time use of the created product. The client must obtain permission from A.U. for any further use and pay compensation accordingly. In the case of long-term use of advertising materials (logos, slogans, images, etc.), an additional usage fee will be charged. Unlawful use of A.U.'s intellectual property shall result in a contractual penalty of at least CHF 10,000. Rights of use are transferred to the client after full payment.

16.3 A.U. reserves the right to be named as the author in all forms of reproductions and publications of the work. A.U. shall be responsible for deciding on the manner of naming (credits).

17. Exclusivity and confidentiality
17.1 Unless otherwise agreed in writing, A.U. is entitled to work for several clients from the same sector at any time.

17.2 The parties undertake to treat as confidential all information – in particular information about business events, clients, projects and procedures – that they learn from each other in the course of the transfer and to refrain from disclosing such information to unauthorized third parties. The confidentiality obligation shall continue to apply beyond the duration of the cooperation between the parties. The fact of cooperation between the parties shall not be deemed confidential.

18. Marketing
18.1 A.U. is permitted to name the client and its project or the work result for marketing purposes and also to depict or describe images and/or excerpts thereof on her own communication channels and in her own advertising materials.

18.2 A.U. is also entitled to submit client campaigns to competitions in Switzerland and abroad

18.3 A.U. may send the client information about news.

19. Severability clause
19.1 Should any provision of this agreement prove to be unenforceable, invalid or ineffective, this shall not affect the enforceability, validity and effectiveness of the remaining provisions.

19.2 In this case, the parties undertake to replace the unfulfillable, invalid or ineffective provision with a fulfillable, valid or effective provision that comes as close as possible to the original intention of the parties in terms of content and economy.

20. Applicable law and place of jurisdiction
20.1 The contractual relationship between the parties shall be governed by Swiss law. The exclusive place of jurisdiction is the registered office of A.U.

 Last adjustment: August 2024