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The Nook - Design Studio, Logo

GTC - GENERAL TERMS AND CONDITIONS

1. TERMS OF CONTRACT

1.1 Scope of application

The following General Terms and Conditions (GTC) serve as the legal basis for the duration of the contractual relationship between "The Nook" and the customer and apply to the entire business area of "The Nook". The GTC also apply to future business contacts, even if they are not expressly included in the contractual relationship again.

1.2 Deviations

Deviations from these GTC are only valid on the basis of a document confirmed by both parties and have no influence on the applicability of the remaining terms and conditions.

1.3 Adjustments

"The Nook" reserves the right to adapt the GTC to changing circumstances at any time without notice. Unless otherwise announced, such changes come into force with immediate effect.

2. PLACING OF ORDER

2.1 Services

"The Nook" provides the following services in the area of corporate, print and web design as well as social media: Order preparation and planning, conception and drafts, text work, detailed design and execution, realization and production supervision.

2.2 Preliminary meeting

The first meeting (contact, quotation meeting) for a design order is free of charge and non-binding for both parties.

2.3 Placing of order

The contractual relationship is concluded with the acceptance of the order or commissioning by "The Nook" on the basis of the commitment given by the customer. Depending on the product/service and the customer, the commitment can be made verbally, by e-mail, online form, online signature, signed document or by service purchase. By placing an order and using our products and services, the customer accepts these GTC in full and without modification. The first date of the events mentioned is considered the start of the contract. "The Nook" reserves the right to refuse an order.

 

3. TERMS OF PAYMENT

3.1 Prices

The offer is binding for the agreed scope of services in the sense of a cost estimate. If it becomes apparent in the course of the project that the actual expenses exceed the amounts stated in the offer, it is the duty of "The Nook" to inform the client as early as possible. Additional expenses due to content changes or additions that are not listed in the offer will be charged additionally. Where no explicit prices have been set, the hourly rate of CHF 120.00 applies. All amounts stated in the offers are in Swiss francs and exclusive of VAT.

3.2 Ancillary costs

Additional costs include color printouts, copies, data carriers, scans, small and presentation material and are charged at cost. Travel expenses are paid in advance by "The Nook" and invoiced according to actual costs. The flat rate for a car kilometer is CHF 0.85, journeys by public transport are charged 2nd class. Third-party costs (e.g. license costs for image material, fonts, hosting, etc.) are arranged by "The Nook" within the scope of the order and at the expense of the client. These costs will be submitted to the client for approval before the corresponding order is triggered. Third-party costs are always charged directly.

3.3 Payment terms

Based on the offer, 30% is due for payment when the order is placed and 70% when the order is completed. If the project lasts several months, interim invoices may be issued for services rendered. Payments are due within 10 days net. "The Nook" expressly reserves the right to obtain credit information.

3.4 Objections to the invoice

The customer may raise written and justified objections to the invoice within 5 days of the invoice being issued. If he fails to do so, the invoice shall be deemed approved.

3.5 Default of payment

If the customer does not pay on time, he shall be in default without a reminder. The offsetting of claims by the customer is excluded. If the customer has neither paid the invoice by the due date nor raised written and justified objections to it, "The Nook" can interrupt the delivery of all services without further notice and / or terminate the contract without notice and compensation. Websites will only be reactivated after full payment has been received, plus a processing fee of CHF 100. For each reminder, a reminder fee of CHF 20.00 is owed to cover the necessary administrative costs. "The Nook" reserves the right to hand over the matter to a third party for the purpose of collection.

3.6 Early termination

If the customer wishes to terminate the contract prematurely despite a valid contract and if cooperation is no longer possible due to a lack of support on the part of the customer, "The Nook" can voluntarily agree to the early termination of the contract in return for compensation. "The Nook" can either charge the actual effort or demand a lump sum compensation, especially for fixed prices without detailed hourly billing. The flat-rate compensation of the original order volume is 30% until the start of the project, 50% in the first month from the start of the project and 75% thereafter. The start of the project is considered to be every order execution by "The Nook" that takes place with the confirmation of the order. Advance services of third parties will also be charged.

 

4. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

4.1 Cooperation

The customer undertakes to cooperate and to meet the agreed deadlines so that "The Nook" can provide the desired services in the best possible way. Unless otherwise agreed, a maximum project duration of 3 months applies to orders up to CHF 5,000.00, otherwise the services must be invoiced and we reserve the right to charge a surcharge of 20% per additional month for the additional work. The same applies analogously for orders over CHF 5,000.00 for a maximum project duration of 6 months.

4.2 Contact addresses

The customer undertakes to provide correct and complete address details including telephone number and to provide an e-mail address. The Customer is obliged to notify "The Nook" within 10 days of any change of address (contact person, e-mail, postal address, telephone number, VAT number) in order to prevent difficulties in establishing contact and delays. "The Nook" is not obliged to take into account contact details other than those provided by the Customer or to carry out its own investigations to correct this data. If the contact details turn out to be incomplete, incorrect or out of date and the identity of the customer can only be determined with disproportionate effort or if messages to the customer cannot be delivered, "The Nook" is entitled to discontinue the provision of its services and to legally claim the outstanding amount. "The Nook" is also entitled to charge the customer for any costs incurred due to outdated, incomplete or incorrect contact details.

4.3 Third-party rights

The customer is solely responsible for the legal admissibility of the domain name and the content of his Internet pages and printed matter as well as for the data and content supplied by him (texts, electronic data, image data, videos, own creations, etc.) including the search terms or keywords. The same applies to the protection of the rights of third parties, in particular with regard to copyright, competition law and criminal law.

4.4 Warranty

In the case of edits, adaptations or redesigns of third-party works (e.g. design work, photos, texts, samples, electronic data, etc.), "The Nook" can assume, without express notification from the client, that the authorization for such uses exists and that no third-party rights are infringed accordingly. It is the responsibility of the client to check advertising measures and work results to determine whether they violate the provisions of competition law, trademark law, copyright law, design law or special advertising laws. "The Nook" is not liable for the protectability or registrability of the work results under trademark, copyright or design law. Nor is it liable for the factual statements contained in advertising publications about products, services or the client's company.

4.5 Acceptance

The services and products provided by "The Nook" must be inspected by the customer immediately upon receipt. Any complaints must be made immediately, at the latest within 5 days, in writing. Subsequent complaints can no longer be considered.

4.6 Liability

The use of the services, products and software of «The Nook»  is solely at the risk of the customer. "The Nook" assumes no liability for any damages. "The Nook" assumes no guarantee for a continuous service and for the transmitted data. "The Nook" is not responsible for the backup of the files stored on the server. The customer is solely liable for all accounts, servers and printed matter used by him and the associated content, links and actions. The same applies to manuscripts, data carriers and templates handed over to «The Nook», which are treated by "The Nook" with the usual care, but are to be secured or insured by the customer himself. "The Nook" is not liable for delays, service interruptions, failures of individual services, data insecurity or loss. "The Nook" is not liable in cases of force majeure.

4.7 Data protection

The customer is responsible for maintaining the confidentiality of the website and the associated password. Furthermore, he is responsible for all incidents caused by the fact that the customer has given visitors access to his website or has passed on the password and is liable in this case for all consequences of the use or misuse of his website or his password. The customer agrees that personal data may be stored and transmitted to third parties where necessary. This applies in particular to the transmission of data required for the registration of a domain name, whereby this data may subsequently be published.

 

5. RIGHTS AND OBLIGATIONS OF "THE NOOK"

5.1 Duty of care and loyalty

"The Nook" undertakes to carry out the tasks assigned to it with due care. It undertakes to treat information entrusted to it or developed for the client confidentially.

5.2 Services

"The Nook" is responsible for the provision of services in accordance with the offer requested by the customer. In the manner of the environment necessary for these services, "The Nook" is free in all respects, for example, domestic and foreign companies or third parties can be involved. Changes to this are also at the discretion of "The Nook".

5.3 Delays

Delivery dates are generally to be regarded as non-binding. Stated dates correspond to the respective planning status. "The Nook" assumes no responsibility for any delays that may occur, especially if these are caused by changes at the customer's request. "The Nook" is not liable for immaterial damages or loss of income or in cases of higher force.

5.4 Image materials

If image material is missing, "The Nook" can purchase suitable image material from third parties at the request and expense of the customer, whereby the image material is only for the specific purpose and limited to the customer's company (1 license). Under no circumstances may these images be passed on to third parties. The same applies to fonts and other proprietary rights protected by license law.

5.5 Websites

Our websites are created with third-party providers such as www.wix.com. Any subscription costs, extensions, plugins or templates that are necessary for the creation of the website are purchased by "The Nook" for the customer. Future changes to the pricing models of third-party providers cannot be ruled out.

5.5.1 Search engine rankings

"The Nook" does not guarantee the customer the success of the measures taken. The position of a website in search engines depends on numerous factors over which "The Nook" has no influence, so that the services of "The Nook" alone do not necessarily lead to success.

5.5.2 Browser compatibility

"The Nook" provides web services on the basis of modern and current technologies for desktop and mobile screens without any order to the contrary. Depending on the web browser and operating system used, however, the display may differ. No guarantee of compatibility is given for technologies with a low market share of less than 4% or for outdated browser versions that are no longer being developed.

5.5.3 Server setup

The installation of domain names and servers is included in the basic price, provided that the hosting provided by the customer has the necessary specifications for our products and services. It is the customer's responsibility to clarify in advance whether his hosting is compatible with our products and services. Any additional expenses incurred by us due to incompatible hosting will be charged to the customer accordingly. If the customer does not have an existing hosting, "The Nook" will take over the registration on behalf of and in consultation with the customer.

5.5.4 Additional work

Work that does not fall within the scope of "The Nook" or the service catalog applicable to the respective product can be rejected by "The Nook" or charged to the customer according to the effort incurred. Examples of such a chargeable service, usually at an hourly rate, can be, among other things, the restoration of a homepage administered by the customer and undesirably changed or support for the use of the CMS or the resetting of passwords.

5.5.5 Subcontracting of services

"The Nook" is entitled to immediately block or remove the relevant account, server, service, content, program, etc. in the event of non-compliance with an obligation of the customer in accordance with section 4 - whether this is intentional, unknowingly or through the fault of a third party. If necessary, the customer can free himself from the sanction imposed by remedying the misconduct. In the event of a serious or repeated breach of an obligation, "The Nook" reserves the right to terminate the contract without notice or compensation and to take legal action against the customer.

5.6 Notifications

"The Nook" is entitled to send all communications to the Customer by e-mail, including but not limited to announcements regarding product updates or technical maintenance work, invoices, payment reminders, setup or termination confirmations, access data, etc. 

5.7 Storage

The storage of reproduction material shall be at the risk of the customer, in particular the risk of subsequent faultless provision (change in processing techniques). There is no obligation to store working documents (digital customer data, negatives, color prints, photographs, typesetting, tools, etc.) without written agreement.

5.8 Liability

In the event of defects, the client shall only be entitled to demand subsequent performance or a reduction in price. If the supplementary performance fails, is unreasonable or if the client has no objective interest in it, the client may switch to other warranty rights.

If defects are limited to a definable part of the service, only this part can be objected to, provided that it is possible to separate the defect-free and defective parts by reasonable means. The foreseeable damage typical for the contract corresponds at most to the net order value. "The Nook" is not liable for 

pecuniary, indirect or consequential damages such as loss of profit, failure to make savings, loss of production, loss of use. The release of production and publication is the responsibility of the client. For the drafts, texts and final artwork approved by the client, "The Nook" accepts no liability. Complaints must be made in writing to "The Nook" within 14 days of delivery. Thereafter, the work shall be deemed to have been accepted in accordance with the contract and free of defects. By signing the "Good to print", the client assumes full responsibility for the form, color and content of the printed matter. If the client waives a written "good to print" for reasons of time or cost, "The Nook" assumes no responsibility for any complaints about the results. Complaints about the services of third parties (such as photographers, lithographers, illustrators, printers, etc.), for whose procurement "The Nook" has only acted as an intermediary, are not the responsibility of "The Nook".

5.9 References

"The Nook" is entitled to place a link to the Internet presence of "The Nook" as well as a counter-link on all Internet pages of the customer and to name the customer as a reference. At the express request of the customer, the naming as a reference and linking can be omitted.

5.10 Copyright and rights of use

All drafts and final artwork are protected as personal intellectual creations by copyright law. After full payment of the agreed remuneration, the client shall be granted all rights of use of all work results for an unlimited period of time and space. All copyrights to design proposals (drafts, sketches) and all non-selected variants remain the property of "The Nook" and will not be handed over. Any use of non-selected variants, in particular the order-related designed shapes, colors, fonts and their combinations, may only take place after the consent of "The Nook" and after payment of a separately agreed compensation.

5.11 Attribution of authorship

For digital projects, "The Nook" is named in the imprint with a link to the website. "The Nook" and third parties consulted by it are permitted to name the client and to describe all work results for marketing purposes and to show images of them. This content may be published on the website, social media channels, publications (trade press) and in presentations. The timing and scope are not to be agreed with the client. In principle, only publicly available information may be used in the context of "The Nook's" own communication.

5.11 Copyright attribution

For digital projects, "The Nook" is named in the imprint with a link to the website. "The Nook" and third parties consulted by it are permitted to name the client and to describe all work results for marketing purposes and to show images of them. This content may be published on the website, social media channels, publications (trade press) and in presentations. The timing and scope are not to be agreed with the client. In principle, only publicly available information may be used in the context of "The Nook's" own communication.

 

6. APPLICABLE LAW AND PLACE OF JURISDICTION

The present contractual relationship is governed exclusively by Swiss law. The exclusive place of jurisdiction is the registered office of "The Nook" in Lucerne, Switzerland.

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