Terms & Conditions & Privacy Policy

General Terms and Conditions of WEITSICHT Designagentur GmbH

1 Scope

We are pleased that you are using our services. We, WEITSICHT Designagentur GmbH (hereinafter: "WEITSICHT"), offer you (hereinafter: "contract partner") the following services, among others: Logo development, CI/CD, design & layout print/web, web design and social media. The exact subject matter of the contract is determined from the detailed description in the offer, the confirmation letter or the written contract between you and us. These terms and conditions apply to all services provided by us.

 

2 Remuneration

2.1 Basics

Any design work, graphic post-processing or design is custom-made. From the beginning of the creative process, the fee for the work already done is therefore due. From the signing (also by email or other channels) of a " OK for printing" / "OK for execution ", the full design work is to be paid. WEITSICHT's price and tariff lists apply. 2.2 Quarter-hour increments The smallest fee unit is 15 minutes. Every 15 minutes or part thereof entitles WEITSICHT to a fee.

2.3 Advance payment / prepayment

The contracting party is obliged to pay an advance payment or advance payment upon request. 2.4 Report If possible, WEITSICHT will prepare a report on its activities. The report is deemed to have been accepted by the contracting party if it is not objected to within 24 hours of delivery. 2.5 Expenses and costs (e.g. for travel, material and meals) The contracting party must pay WEITSICHT expenses and costs (e.g. for travel, material and meals). 2.6 . Projects and concepts For projects and concepts, even without
physical execution, the contractual partner must pay WEITSICHT the fee, unless otherwise agreed.

2.7 Long-term

Projects Long-term projects are invoiced with interim invoices. If no valid objections have been received for long-term projects by the time the invoice is issued , the work carried out to date is deemed to be free from defects. Subsequent objections are invalid.

2.8 Direction

If delays or additional costs arise due to the contractual partner, the contractual partner must pay the hourly rate for this.

2.9 Discounts and promotions

Discounts and promotions cannot be combined. Only official discount codes are valid in the webshop (www.print-inky.ch).

2.10 Subscriptions and recurring costs

Subscriptions can only be cancelled with a notice period of three months prior to the end of the subscription period.
be terminated. If payments are not made, WEITSICHT has the right to suspend the service without interrupting the costs. In particular, for web projects (server, domain, websites), a chargeable shutdown occurs after the reminder period has expired. Reactivation is also subject to a charge. For failure to make recurring contract payments, we charge a reminder fee per outstanding installment and month and
a default interest rate of 5% per year. In the event of debt collection, the contractual partner owes WEITSICHT a penalty fee of CHF 250.

2.11 Delay

If the contractual partner is more than 30 days late in paying for a service, the claim will be passed on to a debt collection agency or legal service at a cost. The contractual partner must pay WEITSICHT a penalty fee of CHF 250. The default interest rate is 5% per year.

 

3 Deadline overruns of 20% and exclusion of liability

WEITSICHT considers the deadline to be met if the delay is 20% or less than the originally agreed duration. WEITSICHT is not liable for delays and any resulting damage to the contractual partner or third parties. WEITSICHT has no influence on the services of third-party providers such as Post, UPS, DHL, etc. and is not liable for their services.

 

4 Warranty

4.1 Minimum quantities

For production reasons, for example, short quantities of printed matter and promotional items may occur. Short quantities of
less than 20% does not entitle the contractual partner to fee reductions or subsequent deliveries.

4.2 Minor damage

If there is minor damage of less than 20%, a workpiece is deemed to have been delivered properly. 4.3 Complaints Any defects found in deliveries must be reported to WEITSICHT within 5 working days in writing, by registered mail and with photographic evidence.

4.4 Credit, otherwise

Warranty rights and compensation excluded If the complaint is justified, the contracting partner is only entitled to a credit for services provided by WEITSICHT. The contracting partner is not entitled to a credit in the form of cash. In addition, warranty rights and compensation for damages are excluded. Both WEITSICHT and the customer are free to decide on rectification (legally up to 3x).

5 Intellectual property

The intellectual property of all works created by WEITSICHT (concepts, sketches, designs, realized projects, etc.)
belongs to WEITSICHT. Neither the contracting party nor third parties are entitled to make changes to the works without the consent of WEITSICHT,
in particular to individual design elements.


6 Rights of use, scope of use

6.1 Basics

In principle, the agreed rights of use only pass to the contractual partner upon full payment of the fee
The extent of use of the works created by WEITSICHT results from the purpose of the contract concluded with the contractual partner.
Contract. In particular, works, contract documents or parts thereof created by WEITSICHT which are handed over to the contracting party
may only be used within the framework of the concluded contract. This right of use applies, unless otherwise agreed,
unlimited in time and excludes any use outside the purpose of the contract as well as the release of raw data. The parties can
However, any use outside the purpose of the contract and the release of raw data will be negotiated.

6.2 WEITSICHT ’s claims for compensation

For any use outside the purpose of the contract, the contracting party must inform WEITSICHT and pay for the additional use in accordance with the current usage rates according to WEITSICHT usage rates or any previously negotiated additional contract.
In the case of commercial use and resulting higher sales, the contracting party shall pay WEITSICHT fees for the use
to pay.


7 Hosting and support contracts

Hosting (web storage space) and support contracts are included with all conditions directly in the respective invoices . The notice periods are always taken into account with the valid time at midnight. For incorrectly provided information on DNS and
WEITSICHT cannot be held liable for any loss or damage resulting from any failures.
and not FORESIGHT.


8 Retention of title

Until full payment has been made, WEITSICHT retains title to goods and services vis-à-vis the contractual partner, despite any previous transfer of ownership. The contractual partner must ensure adequate insurance cover and
to provide evidence of this to WEITSICHT upon first request. WEITSICHT may withdraw from the contract and demand the return of the goods delivered if the contractual partner is in default with his services (e.g. payment, duty to cooperate).


9 Adjustments and termination of the contract
9.1 9.1. Remuneration

The contracting partner must pay WEITSICHT at the hourly rate for administrative work resulting from adjustments or termination of a contract by the contracting partner. In addition, the contracting partner must pay WEITSICHT a penalty fee of CHF 250.
pay.

9.2 Additional contracts

Additional contracts with third-party providers (platforms, ERP, payment providers, software, etc.) always require a separate, written, registered termination. Unless purchased from WEITSICHT, the contracting party is responsible for the payment/termination of those
Contracts after termination of the contract are responsible. The terms and conditions of the third-party provider apply.


10 Amendment clause

The General Terms and Conditions in the currently valid version apply.


11 Place of jurisdiction and applicable law

The parties agree that Appenzell AI shall be the place of jurisdiction and that Swiss law shall apply. Version: June 2024 , an up-to-date version is always available on our websites

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