1. TERMS OF CONTRACT
These General Terms and Conditions regulate the contractual relations between NICKE ADFLOW AGENCY, hereinafter referred to as ADFLOW, and the Customer, who uses the services of ADFLOW. They are an integral part of every order. Deviating conditions must be agreed upon in writing.
2. FIDUCIARY DUTY AND BUSINESS SECRET
ADFLOW commits itself to execute the assigned tasks carefully and responsibly. Project-related information shall be treated confidentially. ADFLOW commits itself to the Client to work objectively and in accordance with the objectives of the Client.
3. DUTY TO COOPERATE
The Customer shall support ADFLOW in the performance of the agreed services by means of timely, clear instructions and forwarding of necessary information. Additional expenses incurred by the Client due to non-fulfillment of the duty to cooperate shall be charged by ADFLOW.
4. SERVICES OF THIRD PARTIES
For services in the areas of production, programming, photography, film etc. ADFLOW cooperates with independent specialists selected specifically for the project. ADFLOW usually acts on behalf of the client towards third parties. These third party services are quoted in our cost estimates as third party services but are finally charged directly and separately by the providers. The invoice address is the address of the client. In exceptional cases and on request of the client ADFLOW acts as GU.
5 INTELLECTUAL PROPERTY
All works and ideas created by ADFLOW are at all times intellectual property of ADFLOW. The Customer acknowledges the copyrights on the part of ADFLOW. No one is entitled to use and/or modify works created by ADFLOW without express consent.
6. RIGHT OF USE
Unless otherwise agreed, the use by the Ordering Party in terms of content, time and geography refers to the one-time use of the created product. For further use the Ordering Party has to obtain the permission of ADFLOW and to compensate accordingly, depending on the agreement. In case of long-term use of advertising material (logos, slogans, images, etc.) a usage fee according to the cost estimate will be charged. The unlawful use of the intellectual property of ADFLOW shall result in a contractual penalty.The rights of use of presented ideas and concepts, which are not implemented by ADFLOW for the Client, shall remain with ADFLOW in their entirety and may not be used in any other way. This also applies after payment of a default/pitch fee.
7. WARRANTY
In case of data and documents delivered by the Customer, which serve ADFLOW for further processing, ADFLOW assumes that the authorization for use exists and accordingly no rights of third parties are violated.
8. DATA AND DOCUMENTS
ADFLOW shall keep all important order documents for at least one year after completion of the order. Beyond that, ADFLOW is exempt from any further obligation to keep the documents, unless otherwise instructed in writing. The production data remain in the possession of the agency and will only be passed on upon explicit request (see also point 6).
9. OFFERS
The initial quote prepared on the basis of approximate data shall be considered a guideline quote and shall be free of charge. The quotations do not include author corrections (point 12). These will be charged additionally according to expenditure. The price commitment of the offers of ADFLOW expires after 30 days. The work is charged in whole and half hours.
10. PLACING OF ORDER
The order can be placed verbally, in writing by mail or letter and automatically assumes that these General Terms and Conditions have been read and fully accepted. The first consultation is free of charge.
11. GOOD FOR PRODUCTION
The client is obliged to check the control documents sent to him before the final production for errors and to return them signed with the "Good for production" if no further corrections are necessary. The "Good for production" can also be sent by e-mail. ADFLOW does not assume any liability for defects which have not been notified.
12. AUTHOR CORRECTION
Autocorrections are additional services caused by the client and not included in the offer. They are incorrect data or data not delivered in accordance with the offer, as well as subsequent changes. The necessary additions to the selected proposal are included in the offer. Changes that go beyond this are treated as author corrections. Author corrections are shown separately.
13. SELF-PROMOTION
ADFLOW is entitled to use and publish all works created by ADFLOW for the purpose of self-promotion as proof of performance (especially - but not only - on www.adflowagency.com).
14. INVOICING AND VALUE ADDED TAX
All quotations are net without value added tax and in Swiss francs. Invoices are payable within 30 days after invoice date, unless otherwise stated. If the time required for a project exceeds 60 days, ADFLOW is entitled to payments on account (from the date of order placement).
15. ORDER REDUCTION OR CANCELLATION
If an order which has been placed and started is reduced or cancelled, ADFLOW shall be entitled to 50% of the agreed fee. If the service has already been rendered in full, ADFLOW shall be entitled to the full agreed amount. In addition, the Customer has to bear the incurred expenses or advance performances of third parties to the full extent.
16. LIABILITY
The liability on the part of ADFLOW is limited to gross negligence and/or intentional fault. Claims for damages are limited to the order value.
17. NOTICE OF DEFECTS
The services and products provided by ADFLOW shall be inspected immediately upon receipt. Any complaints have to be made within five working days.
18. LAW AND PLACE OF JURISDICTION
The relations between the Customer and ADFLOW are subject to Swiss law. Place of jurisdiction is Basel, Switzerland.