1.1 - These general terms and conditions (GTC) are binding for all contractual relationships between Yoline AG, hereinafter referred to as “agency”, and the client who uses the agency's services. They are an integral part of every service provided by the agency. Different terms must be agreed in writing and must be made with reference to this contract.
1.2 - The client's general terms and conditions only become part of the contract if the agency expressly agrees to them.
1.3 - The agency reserves the right to change these terms and conditions at any time. The agency will immediately notify the client of such a change if the contract period is ongoing. Unless the client objects within 14 days of delivery of the change notification, the amended terms and conditions are considered accepted by the client. When placing a new order, the current terms and conditions also apply to all existing orders.
1.4 - All agreements, contract amendments and legally relevant declarations made by the contracting parties must be made in writing in order to be valid. This also applies to the amendment of this provision. Explanations in text form, which are transmitted or recorded by electronic media, are equivalent to written form.
1.5 - Should a provision of these terms and conditions prove ineffective in whole or in part, the contracting parties will replace this provision with a new agreement that comes as close as possible to its legal and economic success.
2.1 - All offers from the agency are subject to change and non-binding. The prices in the offers, such as on the website, are indicative prices and the services contained therein must be defined in detail.
2.2 - The contract is considered binding when the client submits the order (confirmation of the offer or order) in writing by e-mail or post. This automatically assumes that these terms and conditions have been read and accepted in full. If, as an exception, no written order has been placed, then the contract is concluded when the agency starts providing the service and the customer does not object.
3.1 - The agency offers individual services in the areas of marketing, communication and digitization. This includes, for example, strategies, concepts or operational implementations such as search engine marketing, website development or designs.
3.2 - The nature and scope of individual services are contractually agreed between the client and the agency. Package prices are finally confirmed in offers. Service packages with flat rates are defined monthly based on effective performance data.
3.3 - The Agency may serve neighboring or similar markets of different clients and will not give priority to the interests of one client over the interests of another. The Agency does not provide exclusive services for individual industries or geographical areas, unless this is contractually agreed.
4.1 - The client is obliged to provide all necessary cooperation services so that the agency can provide the contractual services. In particular, he will provide all information necessary for the execution of the contract.
4.2 - The client is obliged to immediately check all services provided by the agency and to report deficiencies immediately in writing. If the agency searches for errors at the client's request and it turns out that there are no errors or that the errors are outside the agency's area of responsibility, the agency may charge for the expenses.
4.3 - If the client does not comply with its obligations to cooperate, the agency may charge for the agreed services, even if the order cannot be completed in full as a result of a lack of banners or analytics access. If a subsequent deal generates additional expenses, the agency can calculate these accordingly according to expenditure.
4.4 — In order to provide services, the agency may integrate external service providers into contracts as sub-concordants, as long as the terms and conditions are met by both parties.
5.1 - Unless otherwise agreed in writing, the agency's prices are in Swiss francs, excluding VAT. The agency uses the current monthly average exchange rate from estv.admin.ch for calculations and payments in foreign currencies.
5.2 - The agency charges additional services ordered at an hourly rate of CHF 140.00. Regular and irregular consulting and location meetings, at the agency or client as well as via telephone, teams or other channels, are not included in the agreed services and are charged at the regular hourly rate. Travel time is charged at the regular hourly rate per participant.
5.3 - If the client requires a break in monthly recurring services, the following formula applies to the calculation of the monthly fee: For breaks lasting less than 30 consecutive days, the monthly benefit is considered fulfilled. If you pause an entire month or several months, 50% of the monthly fee will be charged. If existing campaigns are reactivated, the agency can expect additional expenses in the first month as a result of increased monitoring. This additional cost can be charged without prior information, but a maximum of 50% of the agreed regular monthly fee.
5.4 - Invoicing takes place as standard after conclusion of the contract. Current costs associated with managing an advertising campaign can be billed in advance or after the month has ended. If the media budget is paid in via the agency, the total amount is invoiced in advance plus a monthly administration fee of two working hours.
5.5 - The agency's invoices are due for payment net within 30 days of invoicing without deductions of discounts, expenses and fees. Different payment terms will be agreed in advance in writing.
5.6 - If the client defaults on payments to the agency, the agency is entitled, after prior information (telephone, e-mail, reminder), to immediately suspend the affected services, including services provided by third parties. The agency will charge for any additional costs incurred as a result. The resumption of services and reactivation of account accounts will take place after payment of outstanding invoices, a default interest of 5% p.a. for overdue invoices and an advance payment invoice of up to a maximum of three months of the contractual services.
5.7 - If third-party services, in particular click costs for search engine operators or other media providers, are billed by the agency and the client defaults on payment of these costs, the agency is entitled to immediately suspend the services and advertising campaigns affected by this. The services of existing advertising campaigns will be resumed after payment of outstanding invoices. As a result of increased monitoring, this resumption results in additional costs in the first month. This additional cost will be charged without prior information and at a maximum of an additional 50% of the agreed regular monthly fee. The defined goals cannot be kept unchanged.
6.1 - During the term of the contract, all content created by the agency for the client is available for use by the client. The copyrights and any other intellectual property rights to these works remain with the agency.
6.2 - After ordinary termination of the contract, the client is entitled to take over the advertising campaigns, but not in the event of an extraordinary termination in accordance with Art. 11.2.
7.1 - The client is responsible for compliance with data protection regulations and the legal admissibility of the data provided by him. The agency assumes no liability for violations of data protection regulations caused by the client.
8.1 - The agency provides search engine optimization services based on best practice cases. However, there is no guarantee that the measures offered will lead to verifiable success, as search engines such as Google do not provide any insights into the parameters and success factors they use.
8.2 - All SEO services cannot be provided if the SISTRIX tool is unable to properly crawl the website.
8.3 - The integration of content content is not part of the offer at any time.
9.1 - The client is solely responsible for the legal admissibility of all communication content, including ideas for content creation, even if these ideas come from the agency. In particular, this includes compliance with advertising law.
9.2 - When creating photographic and video content, the client is responsible for obtaining model releases. The copyrights to the photographs and videos created remain with the respective photographers and film producers.
10.1 - The agency guarantees that the services are performed in accordance with the service description valid at the time of conclusion of the contract and essentially comply with the functions described there. The agency expressly does not grant the commitment to be included in a search service or Internet directory as well as the guarantee of certain ranking positions in the search engine results pages.
10.2 - The agency is liable for any further and subsequent damage, irrespective of the legal basis, only in the event of intent or gross negligence.
10.3 - The burden of proof in the event of defects, for the agency's fault and for the timely written notification of defects, lies with the client.
10.4 - The client is solely responsible for the admissibility and freedom from third-party rights of the terms and content of its pages registered by him, in particular in terms of copyright, competition and criminal law. The agency does not check whether the registered content or the client's pages infringe the rights of third parties or whether they are true.
10.5 - The agency reserves the right to reject terms or orders that are obviously illegal or violate netiquette. However, the agency does not carry out its own legal review of the terms or the content hosted/contained on the client's website. The agency is not required to research or monitor third-party trademark rights.
10.6 - The client undertakes to fully indemnify the agency with regard to all third-party claims arising from the client's use of terms or content that are inadmissible or encumbered with third-party rights.
10.7 - The agency's liability is excluded if obstacles arise which the agency is unable to avoid despite the exercise of due care, regardless of whether they arise with the agency, the client or a third party. Among other things, the agency does not guarantee that third-party services, in particular network services or other third-party services, are always available without interruption, errors and security. The Agency is not liable if suppliers or service providers have failed to deliver properly without gross fault on the part of the Agency or because the software or network services provided by them do not function properly. The agency assumes no liability for events of force majeure, such as outages of public power grids, accidents, industrial disputes, official measures or omissions, natural disasters, epidemics, mobilization, war, riots, etc.
11.1 - The duration of the Agency's services is contractually agreed between the Client and the Agency. Project contracts are usually concluded for an indefinite period of time and end with the fulfilment of one-off services.
11.2 - The right to cancel for good cause remains unaffected. Important reasons for the agency to terminate the contract without notice include if:
- the client stops making payments, insolvency proceedings are opened against him or claims made by the client are seized and the attachment is not lifted within two weeks;
- the contractual partner does not comply with provisions on the admissibility of content and terms vis-à-vis third parties or violates essential contractual obligations, such as the duty of confidentiality;
- Third parties attack the admissibility of the terms and page content registered by the client.
The client undertakes to keep secret all business and trade secrets received or become known to him from the agency or on behalf of the agency when executing the contract, or information described as confidential. This confidentiality obligation applies for the entire duration of the contract and for 3 years after termination of the contractual relationship.
The agency is authorized to create so-called “show cases” for completed work and projects and to use them for internal purposes, for marketing on its own social media and for sales dossiers. In doing so, account is taken of the secrecy of business and trade secrets and confidential information.
Swiss law applies to the legal relationship between the client and the agency. The exclusive place of jurisdiction is the registered office of Yoline AG.
Wir machen dein Business fit für die Zukunft. Mit smarten Strategien und digitalen Lösungen begleiten wir dich und dein Team von der Idee bis zur Umsetzung. Unser Ziel? Bald schon wieder weg zu sein und von extern den nachhaltigen Erfolg deiner Brand zu sehen. Wir verbinden menschliche Kompetenz mit Technologie und den Werten deines Unternehmens. Klingt gut, oder?
Wir machen dein Business fit für die Zukunft. Mit smarten Strategien und digitalen Lösungen begleiten wir dich und dein Team von der Idee bis zur Umsetzung. Unser Ziel? Bald schon wieder weg zu sein und von extern den nachhaltigen Erfolg deiner Brand zu sehen. Wir verbinden menschliche Kompetenz mit Technologie und den Werten deines Unternehmens. Klingt gut, oder?
