General Terms and Conditions (GTC)
1. Terms of contract
The following terms and conditions govern the relationship between the client and the branding agency “Newsign GmbH”, hereinafter referred to as “Newsign” for short. They are an integral part of every order. Any deviations from these terms and conditions must be made in writing.
The branding agency Newsign provides the following services in the field of visual communication (corporate, print and web design): Order preparation and planning, consulting, conception and drafts, detailed design and execution, realisation and production supervision. For further services in the areas of printing, web programming, photography, text and editing, Newsign works together with selected specialists.
3. Fiduciary duty and business secret
The branding agency Newsign undertakes to carry out the tasks assigned to it carefully and responsibly. Information entrusted to it or developed for the client will be treated confidentially.
The copyrights to all works created by the branding agency Newsign (concepts, drafts, etc.) basically belong to Newsign. It can dispose of these rights (copyright and related rights) in accordance with federal law provisions. It follows from this principle, among other things, that the client is not entitled to make changes to the work in question – in particular to the design – without Newsign’s consent. The idea and design remain the intellectual property of Newsign.
5. Scope of use
The scope of the permitted use of the works created by the branding agency Newsign results from the order description or the offer. The works created by Newsign, order documents or parts thereof, which are handed over to the client, may only be used within the framework of the agreed order. Unless otherwise agreed, the use by the client in terms of content, time and geography refers to the one-time use of the created product. For any use outside the purpose of the contract, the client must obtain permission from Newsign and compensate accordingly. Newsign shall retain the right to all unselected proposals.
In the case of processing, adaptation or redesign of works (design work, photos, texts, electronic data, etc.) supplied by the customer, Newsign shall assume that the authorisation for such uses exists and that accordingly no third party rights are infringed.
7. Duty of safekeeping
The branding agency Newsign keeps the order documents and in particular the digital data for at least one year after completion of the order. Beyond this, it is exempt from further storage unless otherwise instructed in writing. In the case of extensive work, Newsign may charge for the storage media on a pro rata basis.
8. Surrender of data and originals
The electronic data and originals, basically belong to the branding agency Newsign and are only made available to the customer for the agreed use.
9. Voucher copies
Of all produced works (incl. reprints), 10 perfect copies, in the case of books or other valuable items 5 copies, are to be handed over to the Newsign branding agency without being asked. Newsign shall have the right to use and publish these copies as proof of its work.
10. Preliminary meeting
The first meeting (contact, quotation meeting) for a design order is free of charge and non-binding for both parties.
The cost estimate drawn up on the basis of approximate information shall be regarded as a non-binding guideline offer. Additional services not mentioned in the quotation will be charged additionally. Additional work due to poor quality artwork or image data, author corrections (subsequent text changes, image rearrangements, additional texts, supplements, etc.) are not included in the quoted price and will be charged at cost. In the case of unlimited offers from Newsign, the price commitment expires after 90 days. Price quotations from Newsign refer exclusively to the design, but not to the costs of printing. These are shown separately.
Newsign is entitled to claim possible agency commissions, depending on the size of the order.
13. Services and invoices of third parties
Third-party work will be specified and invoiced by the respective companies by means of a separate offer. The customer is liable for the invoices of the printer and other service providers. Newsign acts exclusively as an intermediary and consultant and always on behalf of the customer. The invoice address is the address of the customer. For control purposes, invoices from third parties must be sent to Newsign in duplicate.
The amounts listed on the quotation are net amounts in Swiss francs. The invoice amount is subject to VAT. Invoices are payable within 30 days of the invoice date, unless otherwise stated. In the event of a large expenditure of time for the fulfilment of the order, Newsign shall be entitled to appropriate payments on account.
15. Placing of order
Orders may be placed verbally, in writing by fax, e-mail or letter and automatically presuppose that these General Terms and Conditions have been read and accepted in full.
16. In principle for orders
The individual order refers to a single piece of work. After completion of the order, there are no further obligations. The standing order is contractually regulated and is mainly used for overall concepts or campaigns. It regulates the content, time and geographical scope as well as the budget.
17. Author corrections
Autocorrections are additional services caused by the client that have not been offered. They are incorrect data or documents and templates that have not been delivered in accordance with the quotation. As a rule, a design order contains several proposals in accordance with the respective offer. The necessary additions to the selected proposal are included in the cost estimate. Changes that go beyond this are treated as author’s corrections.
18. Good to print
The client is obliged to check the control documents sent to him before final production for errors and to return them signed and within the specified period with the “OK to print” and any correction details. The ok can also be sent by e-mail.
19. Billing phases
In principle, each phase of the order according to the offer or the entire order as a whole is entitled to a fee. If an order placed is reduced or cancelled, the Newsign branding agency is entitled to the part of the fee whose services have been fully performed or commenced. In addition, the client shall bear the full costs incurred or advance services provided by third parties.
20. Invoice control and information
Newsign undertakes to check and verify the invoices of third parties in accordance with the services rendered. The customer can request information about invoices of third parties and Newsign at any time.
21. Limitation of liability
Manuscripts, data carriers and templates handed over to the Newsign branding agency are treated with the usual care. Further risks are to be borne by the client without special written agreement, or to be insured. Any liability in excess of the order value for any claims asserted as a result of direct or indirect damage due to defects is excluded. Liability is limited to gross negligence.
22. Notice of defects
The services and products provided by Newsign must be checked immediately upon receipt. Any complaints must be made within 8 days.
23. Disruptions, force majeure, closure and restriction of operations
Newsign shall not be liable for damages caused by disruption of operations, in particular by unavoidable events such as force majeure: natural phenomena (storm winds, floods, earthquakes), epidemics/pandemics, war, riots and the like. In such exceptional cases, Newsign is entitled to withdraw from the contract in whole or in part. The same applies if Newsign stops or restricts the operation for a certain time in whole or in part for an important reason. Claims for damages in this respect will not be recognised.
24. Law and place of jurisdiction
The relationship between the client and the branding agency Newsign is subject to Swiss law. The place of jurisdiction is the registered office of Newsign.