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General Terms and Conditions (GTC) of R.Productions
(As of: May 1, 2023)


The GTC apply to all services and products provided by R.Productions (hereinafter referred to as "Provider") to the customer. Deviating arrangements are only valid if they have been expressly agreed upon in writing between the Provider and the customer. Special or general contract conditions that contradict these GTC are not accepted by the Provider and are not valid in the relationship between the Provider and the customer. The customer acknowledges that the Provider is released from its obligations in the event of force majeure, labor disputes, unrest, governmental measures, or other unforeseeable, unavoidable, and serious events for the duration of the disruption and to the extent of its effect.


The contract between the customer and the Provider is concluded by agreement (acceptance of the offer) or informally by utilizing the services. The content and scope of the services are determined by the present GTC or individual offers. The Provider is entitled to accept and execute order changes given orally by the customer. Preliminary quotes always depend on the state of technology at the time of the cost estimate transmission. Technical or regulatory changes may lead to schedule shifts and additional effort at the customer's expense. If these changes make the realization of agreed solutions impossible, the Provider will endeavor to offer the customer alternative solutions. Work performed up to that point will be invoiced to the customer.


The Provider performs services executed with the utmost care. The services of the Provider are primarily based on the content of the offer. If the effort exceeds the content of the offer, additional compensation can be requested from the customer. The Provider must inform the customer in advance in such cases. The Provider has the right at any time to change the type, scope, price, terms of supply, and supply channels of its services and to completely refuse its services in case of default of payment or other breaches of obligations. Prices mentioned in the offer are to be understood as indicative prices (in CHF and excluding VAT and expenses) unless explicitly stated otherwise. However, the actual effort made is decisive. In the event of additional costs, these are to be borne by the customer up to an extent of 10%. If it is foreseeable that the actual costs will exceed the costs estimated by the Provider in the offer by more than 10%, the Provider will inform the customer as early as possible. If the customer does not object within four days after being informed by the Provider, the additional costs are considered approved by the customer. Expenses, consumables, and licenses obtained from third parties are not included in the estimated costs and will be invoiced separately to the customer. The customer must reimburse the Provider for any expenses incurred in connection with the processing of the order. Travel times are billed at 50% of the hourly rate stated in the preliminary quote. Services not included in the preliminary quote – e.g., research, training, production supervision, or support – are billed to the customer according to the actual time required. Recurring costs related to the order, e.g., subscriptions, are borne by the customer.



The customer is obligated to pay the agreed fee. The customer must take all necessary precautions to enable the Provider to deliver its services to the customer. Depending on the circumstances, the customer is required to provide suitable information and documents such as images, sound, graphics, texts, videos, address data, software, and brands to the Provider in a timely and free manner for further processing. The customer is required to create and keep a backup copy of the data provided to the Provider. The Provider cannot be held liable for any data loss. The customer must lead clear and efficient project management and ensure consolidated communication. Project delays and additional costs resulting from a breach of this obligation or other omissions by the customer are fully borne by the customer. The customer must inform the Provider of special (technical) requirements as well as legal, regulatory, and other regulations – to the extent that they are relevant for the development and use of the work results – before the start of the order execution. Any additional effort by the Provider due to such regulations and regulatory frameworks is at the customer's expense.



The Provider strives to provide a high degree of professional services. No liability is assumed for statements and information in the advertisements and offers of the Provider. The Provider makes no guarantees for the achievement of the goal. It only guarantees the provision of the promised services according to the customary standard of care in the industry. Upon delivery, the customer must immediately inspect the product and notify the Provider in writing of any defects or errors within 14 days after delivery of the product at the latest. If this period expires unused or if complaints about defects that do not affect the functionality of the product are made, the product is considered approved. If there are material or legal defects that affect the functionality of

 the delivered product and are attributable to the Provider, the Provider will, at its discretion, remedy the defects or reduce the agreed compensation. If rectification or reduction is not possible, the customer has the right to withdraw from the contract. Subsequent performance by the customer is excluded. There is no right to withhold payments. Complaints regarding services performed by the Provider within the scope of its creative and design freedom (concepts, designs, layout suggestions, etc.) are not possible. The Provider commits to diligence and fulfilling the tasks assigned to it in a quality that corresponds to the current state of technology. The Provider is not responsible for defects due to force majeure, improper handling, excessive strain, unsuitable operating materials, or extreme environmental influences, interventions by the client, changes to products initiated by the client, or disruptions by third parties (viruses, etc.). Depending on the device, browser, and browser version, the representations and possibilities of technical implementation of web-based solutions can vary greatly. The Provider only guarantees the display and browser compatibility of the developed web-based solution to the extent explicitly assured in writing. The customer guarantees to possess all necessary rights to the materials provided to the Provider. The customer agrees to fully indemnify the Provider in this regard. The Provider does not guarantee that the product meets the requirements and purposes of third parties or works with programs selected by third parties. Likewise, no guarantee is given that created products or provided services enable the customer to achieve the intended economic or other purpose. The liability of the Provider and its agents for all damages, especially consequential damages, towards the customer is expressly excluded, to the extent legally permissible.



The content of the Provider's services is copyright protected. The use and payment of the services by the customer do not result in the transfer of intellectual property rights. All rights to the created image and sound material generally remain with the Provider. The Provider may use this for marketing purposes. Furthermore, the created final product may be used by the customer within the scope of the purpose agreed upon in the offer. However, the customer has no right to resell or modify the final product or parts of it without obtaining the express consent of the Provider in advance. The customer can prohibit the use and processing of his data for marketing purposes at any time. Materials provided to the Provider must be returned to the customer after the collaboration ends. Electronic materials provided by the customer or created copies must be deleted or destroyed. The customer ensures that any image and sound material provided by him does not infringe third-party rights. In the case of a violation of third-party rights, the customer must fully indemnify the Provider for any compensation owed. The customer is not exempt from paying the price agreed upon in the offer for the Provider's services in such cases. The Provider has the right to place references to its authorship on products, and on web applications, this can be done with a linked reference.



The Provider is entitled to transfer the work given to it to third parties and to conclude contracts with third parties on behalf of and at the expense of the customer, provided these costs are included in the offer. If necessary for the fulfillment of the order, the Provider may also pass on customer data to the involved third parties or provide other information. The customer acknowledges and fully agrees to this.



The Provider is not obligated to store customer-related project data indefinitely. Archiving of all raw materials (image, film, audio, etc.) is the responsibility of the customer. The Provider can provide the customer with a hard drive for this purpose. This is purchased by the customer. The Provider uses customer data for contractually and legally compliant fulfillment of the offered services, for maintaining customer relations, and for making offers. The customer fully agrees to the use of his data by the Provider.



The customer has the right to withdraw from the contract at any time unless otherwise agreed. If the customer exercises this right, he must compensate the Provider for the work already performed and any disadvantages arising from the withdrawal. The Provider makes the work already performed, if any, available in a manner appropriate to the circumstances only after the invoice has been paid.



For orders with a total value of over 2,000 CHF, the customer must make an advance payment of one-third of the order value. The customer is obliged to pay all invoices in full. The customer commits to paying the owed amount within 30 days of the invoice date at the latest. If the customer fails to meet his payment obligation within the payment period, he will be in default upon expiry of this period without a reminder. The default interest rate is 5%. If the customer is in default of payment for more than six weeks, the Provider may suspend its services and/or terminate all ongoing contracts. Work already performed will be billed according to the effort. In the event of default of payment after completion of the

 order, the Provider has the right to deny the customer access to media platforms or video material/streaming.



The GTC and the legal relationship between the Provider and the customer are subject to Swiss law. The exclusive place of jurisdiction is the seat of the Provider.

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