Terms & Conditions
General Terms and Conditions
1. Contractual Conditions
The following conditions govern the relationships between the client and Webwonder.
2. Written Form
Any deviations from the following conditions must be in writing.
3. Copyright
Copyright for all works created belongs to Webwonder. The client is not permitted to make changes to the works without the consent of Webwonder.
4. Scope of Use
The scope of permitted use of the works created by Webwonder is determined by the purpose of the contract concluded with the client. Unless otherwise agreed, the content, time, and geographical use by the client refer to one-time use of the created works. For any use outside the contractual purpose, the client must obtain permission from Webwonder and compensate accordingly.
5. Warranty
Webwonder can assume, without explicit notice from the client, that permissions for the use of third-party works (e.g., design works, photos, texts, electronic data, etc.) are available and that no rights of third parties are violated.
6. Retention of Documents
There is no obligation to retain working documents (data, photographic material, etc.) without a written agreement. Data recorded for the technical implementation of the order can be deleted 10 days after delivery. Extended retention must be expressly agreed upon and is at the client’s expense and risk.
7. External Supplies
In the context of the project and after consultation with the client, Webwonder shall arrange for the services of third parties at the client's expense, which are needed for the realization of the order.
8. Deadlines
Firmly promised delivery dates apply only if the required information arrive at Webwonder by the agreed time. Delays or non-compliance with the delivery deadline do not entitle the client to withdraw from the contract or hold Webwonder responsible for any resulting damages.
9. Additional Work and Auto-Corrections
Additional effort caused by the client due to changes or corrections (template, briefing and manuscript revisions, data entry due to defective, missing, or poorly suitable documents, etc.) will be charged separately and are not included in the quoted prices.
10. Industry Standards Tolerances
Industry-standard deviations in execution, original fidelity, and quality of the products are reserved. If tolerances are imposed on Webwonder by suppliers, these shall also apply to the client.
11. Complaints
Works/services delivered by Webwonder must be inspected upon receipt. Complaints regarding quality must be made within 5 days of ending the project; otherwise, the project will be considered accepted. In the case of justified complaints, rectification of the damage will be provided within a reasonable time without secondary liability.
12. Liability Limitations
Manuscripts, data carriers, originals, photographs, printed materials, or other items submitted to Webwonder will be treated with customary care. Additional risks must be borne by the client without a special written agreement.
13. Control and Check Documents
The client is obligated to check control and check documents sent to them prior to production for errors and to return them with approval and any correction instructions within the agreed time frame. Webwonder is not liable for overlooked errors by the client. If control and check documents are not submitted, the client bears the full risk.
14. Reduction or Cancellation of the Project
If an ongoing project is reduced or canceled, Webwonder is entitled to the remuneration according to the preceding provisions on a pro rata temporis basis. Additionally, Webwonder has the right to:
a. Bill the costs and prepayments to third parties.
b. Compensation of 30% for all damages resulting from the reduction or cancellation.
c. Use any work done up until the cancellation for other purposes.
15. Payment Structure
The total fee for the services provided by Webwonder will be outlined in the respective contract or quotation.
15a. Pre-Payment Requirement
A pre-payment of 30% of the total contract amount is required upon acceptance of the contract. This pre-payment secures the services and initiates the project workflow.
15b. Remaining Balance
The remaining balance of 70% is due upon completion of the project, prior to the final delivery of the work. Webwonder will provide an invoice for the remaining balance and the client must make the payment within 14 days of receiving the invoice.
15c. Payment Methods
Payments can be made via bank transfer, or other payment methods agreed upon in the contract. Details for the payment methods will be provided on the corresponding invoice.
15d. Late Payments
In the event of late payment, Webwonder reserves the right to charge interest at a rate of [insert applicable interest rate, e.g., 5% per month] on any overdue amounts, and the client will be responsible for any costs incurred in collecting the overdue amount.
15e. Disputes
Any disputes regarding invoiced amounts must be raised in writing within 7 days of receipt of the invoice. Failure to do so will be deemed acceptance of the invoice and the fees charged.
16. Force Majeure
In the event of a Force Majeure Event, the affected party must promptly notify the other party in writing. This notice should include a description of the nature of the Force Majeure Event and an estimate of its duration.
16a. Suspension of Obligations
Upon receipt of such notification, the obligations of both parties under these Terms and Conditions shall be suspended for the duration of the Force Majeure Event. Each party agrees to use reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance under these Terms and Conditions as soon as reasonably practicable.
16b. Termination Rights
If a Force Majeure Event continues for a period exceeding [insert specific duration, e.g., 30 days], either party may terminate the agreement by providing written notice to the other party. In such case, neither party shall be liable to the other for any damages or losses resulting from such termination.
Legal
17. Applicable Law
The relationships between the client and Webwonder are governed by Swiss law. As far as the terms and conditions of the Graphic Designer SGD do not specify otherwise, the provisions of Swiss Obligation Law in Art. 394 ff. regarding simple contracts apply.
18. Jurisdiction
The place of jurisdiction is the business location of Webwonder, Zürich.