GTC

General Terms and Conditions

1. scope of application

These General Terms and Conditions (GTC) apply to all business relationships between nima and its customers. Deviating terms and conditions of the customer are not recognized unless nima expressly agrees to their validity in writing.

 

2. conclusion of contract

The contract between the customer and nima is concluded by the acceptance of a written offer or by the order confirmation by nima. nima reserves the right to refuse orders or reject a request. The cooperation and the project end with the achievement of the defined goal and confirmation by the customer. If the customer does not respond to the request for acceptance within 5 days, the project is considered accepted. After acceptance by the customer, the project is deemed to be completed; subsequent complaints will not be accepted. Adjustments, changes and extensions to the scope of services shall be agreed by mutual consent.

 

3. scope of services

The scope of services is defined by the respective offer and the order confirmation. Changes or additions to the scope of services require the written consent of both parties. nima is responsible for providing the services specified in the offer. If necessary and if justified, nima may use external subcontractors to complete the project. For the creation of the web services (online portfolios, websites, etc.) nima uses Squarespace. The web services are created using ready-made Squarespace design templates. In doing so, nima is neither the owner nor responsible for the templates and cannot change or modify the templates. Squarespace offers various plug-ins (some of which are subject to a charge) that can be integrated.

 

4 Deadlines and dates

The general dates and deadlines are determined in consultation with the client. Schedules and changes to deadlines are determined early and by mutual agreement. In the event of illness or force majeure preventing a deadline, the best possible solution and a new delivery date will be sought together. In this context, claims for damages are waived.

 

5. remuneration

Payment shall be made in accordance with the prices set out in the offer. Additional services that are not included in the original offer will be invoiced separately. nima reserves the right to adjust the prices at any time due to changed conditions.

 

6. ancillary costs

The fees are exclusive of project-related additional costs and any third-party provider costs. Project-related additional costs and third-party provider costs are clarified with the customer in advance and approved by the customer.

Third-party costs such as:

  • 3D visualizations are commissioned externally at the client's request and invoiced separately.

  • Expenses for any chargeable sampling, overnight stays, trips abroad, flights, car rentals, etc. will be invoiced separately and agreed in advance.

  • Printing costs and all other third-party costs associated with the project.

  • Purchase of fonts to create the desired designs.

  • Purchase of photos at the customer's request

  • All Squarespace fees, such as fees for domains, plug-ins, e-mail addresses, etc.

 

7. terms of payment

The remuneration agreed in the offer shall apply. The down payment invoice according to the offer is payable immediately. Invoices are due for payment without deduction within 30 days of the invoice date. In the event of late payment, nima is entitled to charge interest on arrears at a rate of 5% per annum. Should one of your commissioned projects, works or similar be changed or discontinued, or should the basis for the provision of services change, all costs incurred shall be reimbursed to nima and nima shall be released from all liabilities/obligations to third parties.

 

8. liability

nima is only liable for intent and gross negligence. Liability for slight negligence is excluded to the extent permitted by law. nima is not liable for indirect damage, consequential damage or loss of profit. Online portfolios and websites: After full payment, the customer will be given all access data so that they can change, update and manage the online portfolio or website independently. The customer is fully responsible for any changes made after project approval - nima can restore the approved design for a fee.

 

9. warranty

The customer must report defects in writing immediately after their discovery. In the event of justified complaints, nima shall remedy the defects at its own discretion by repair or replacement.

 

10 Obligations of the customer to cooperate

The customer undertakes to provide all documents and information necessary for the fulfillment of the order in good time and in full. Delays caused by a lack of cooperation on the part of the customer shall not be borne by nima.

 

11. confidentiality

Both parties undertake to treat all information that becomes known to them in the course of the order as confidential and not to make it accessible to third parties.

 

12. copyright

 All designs, plans and other documents created by nima remain the intellectual property of nima and may not be used or reproduced without express consent. All work may be used by nima and its partners and subcontractors as reference projects in any form. nima is also entitled to place a link to its own website on the online portfolio or website created for the customer. The customer undertakes not to misuse the aforementioned rights, ideas, concepts and processes either during or after the collaboration with nima, nor to take action against, contest or claim them in any way against nima.

13. termination

Both parties have the right to terminate the contract for good cause. In the event of termination by the customer, the services provided by nima up to that point will be invoiced at the contractually agreed rate.
Mutual claims for damages are expressly excluded.

 

14 Place of jurisdiction and applicable law

The agreement is subject to Swiss law. The place of jurisdiction for any disputes arising from this agreement is Zurich.

 

15. final provisions

Amendments and supplements to these GTC must be made in writing. Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions. In such a case, the parties undertake to replace the invalid provision with a provision that comes closest to the economic purpose of the invalid provision.