Imprint

CONTACT ADDRESS

S und P AG
Ifangstrasse 97
8153 Rümlang, Switzerland
Tel. +41 (0) 44 818 80 90

Managing Director:
Daniela Lochschmidt Raggini

COMMERCIAL REGISTER ENTRY

Registered company name:
Schneider und Partner AG
Advertising agency, Rümlang

Company number:
CHE-107.336.559

Value added tax number
CHE-107.336.559 VAT

General Terms and Conditions (GTC)

Schneider & Partner AG, Werbeagentur hereinafter also referred to as S und P AG or Agency.

CONTRACTUAL RELATIONSHIP

If a cost estimate (KV) / offer is approved by a client, a contractual relationship exists. Written or telephone confirmations are considered binding. At least the agreed amount is therefore owed. Further deviations and additional effort are not included and will be charged separately according to effort.

For a cost estimate (CT) / offer, a briefing must be handed over to the agency in advance. This can be in writing or verbally and should roughly include details such as: Product, basic idea, format and type of packaging or advertising material, scope, type of printing and possible finishing, target group, timeframe, etc. The more precise the briefing, the more accurate the estimated costs can be.

LIABILITY AND RIGHTS OF USE

If a client has accepted (verbally or in writing) a good for printing from S and P AG, the services provided are considered to be in order and approved. There is no entitlement to compensation. Any adjustments will be charged separately at the usual hourly rates. Delivery dates are only binding on the basis of a clear written agreement and taking feasibility into account.

S und P AG accepts no liability for errors that occur in the litho, at the printer's or at other processing companies.

Rights and costs for licenses from e.g. Disney, Pixar, Marvel, Mattel, etc. must be negotiated, agreed upon and complied with separately between the licensee and the licensor. The costs for this are paid directly by the licensee to the licensor and all rights and obligations lie with the licensee. S and P AG does not assume any responsibility or costs. No product may be produced without the explicit, written OK to the GZD of the licensor. S and P AG does not assume any responsibility and is not liable in any way for violations and disagreements between the parties.

If S und P AG creates and produces its own illustrations or characters for the customer, the copyright remains with S und P AG. Unless the right of further use is acquired by purchase and in advance from S and P AG.

COPYRIGHTS

The copyrights and all other rights to content, images, photos or other files on this and the websites(https://sundp.li, https://s-und-p.ch and https://s-und-p-design.ch) and on all social media and other channels, belong exclusively to the company Schneider und Partner AG or to the specifically named rights holders.

For the reproduction of any elements, the written consent of the copyright holders must be obtained in advance.

LAYOUTS AND OTHER

Depending on the order, an approximate number of layouts are defined and included in the PO. Additional layout rounds, additional or other not previously mentioned layout routes that deviate from the originally agreed KV and briefing are an additional expense and will be charged. If a design proposal as well as photos, visuals, retouching, print documents, etc., which were created by S and P or other involved suppliers in connection with the agreed order are not implemented, the agreed effort is still owed.

The creation data and their by-products, as well as - depending on the design/layout - also the ideas and the layouts not implemented, remain the property of the agency. Layouts and creative ideas that are not implemented in connection with e.g. a pitch event remain the property of the agency and may not be used elsewhere and without prior consultation and written consent of S and P.

IMAGES/LICENSED IMAGES

Depending on the print run and type of publication, license fees may apply for the image material. These are not part of the CT (unless they are explicitly mentioned) or the budget and will be charged additionally and must be compensated in full. Either directly to the relevant agency or by payment to S und P AG.

3Ds / MOCKUPS

Subsequent 3Ds after creation of the print data are not considered included or as a free service of an order, but as a new order. Depending on the order, the agency layouts on mockups, but these are not generally included in every order but become chargeable if the customer uses them further.

PRINT DATA/FONTS

The data package supplied by S und P AG for the printing or production of a product includes all necessary data. All ancillary products, creation material, specially purchased licensed images and/or font fonts, etc. remain the property of the agency.

If a font has to be purchased specifically for an order (i.e. is not available in S und P AG's extensive pool), it is not automatically included in the PPA/budget and must be paid for separately or provided by the customer.

RESUBMIT PRINT DATA

Within 60 days (after the first transmission) the agency will transmit the data again unchanged and free of charge. From the 61st day onwards, a flat rate of Fr. 50.- per object/packaging etc. will be owed to S und P AG for the renewed, unchanged transmission of the data. For the renewed transmission of unchanged data after one year, a lump sum of Fr. 150.- will be owed to S und P AG. Any adjustment to the data by the agency is an order and will be charged according to time and effort.

OFFSETTING EXCLUSION

The right of the Contractor and the Client to mutually offset claims is excluded.

TERMS OF PAYMENT

Upon receipt of the invoice, the full amount listed in the invoice shall be paid in the respective currency listed within 20 days. Volume discounts, cash discounts or other rebates or invoice reductions are to be negotiated between the parties in advance and recorded in writing.

S und P AG reserves the right to charge reminder fees of Fr. 40.- per reminder as well as 2% interest on arrears pro rata temporis.

FEE RATES

Fee rate for all services not quoted at a flat rate and for spontaneous orders: CHF 120.-to 170.-/h, excl. VAT. Billing is in time units of 15 minutes or part thereof.

GENERAL PROVISIONS

The general terms and conditions of the client are excluded. Subsidiary agreements and amendments to the contract must be made in writing (incl. e-mail) in order to be legally valid. The Client shall treat all fees, services, documents, recommendations and reports offered to it by the Contractor as confidential.

JURISDICTION AND APPLICABLE LAW

The exclusive place of jurisdiction is Zurich. Swiss law shall be applied.
Ruemlang 01.07.2021