1. General
1.1 These Terms and Conditions (AGB) apply to all contracts, deliveries, and services between HIVER GmbH (hereinafter referred to as the “Agency”) and its clients.
1.2 Any differing terms and conditions of the client will not be accepted unless expressly approved in writing by the Agency.
1.3 Amendments or additions to these Terms and Conditions must be made in writing.
2. Conclusion of contract
2.1 All offers made by the Agency are non-binding and subject to change.
2.2 A contract is deemed concluded once the Agency confirms the order in writing or a corresponding agreement is signed by both parties.
2.3 The client is responsible for ensuring that all information provided is complete and accurate.
3. Services of the agency
3.1 The Agency provides services in branding, web design, photography, video production, and related fields, as agreed individually with the client.
3.2 Any changes or additions to the agreed scope of services require the written consent of both parties.
3.3 The Agency reserves the right to subcontract parts of the service delivery.
4. Payment terms
4.1 Unless otherwise agreed in writing, a payment schedule of 50% deposit and 50% final payment upon project completion applies.
4.2 The deposit is due upon contract signature and must be received before any work begins.
4.3 The final payment is due upon project completion, and no later than the handover of the final deliverables.
4.4 Ownership and usage rights are transferred to the client only after full payment has been received.
4.5 In the event of late payment, the Agency reserves the right to charge interest at 5% above the applicable base rate.
5. Usage rights
5.1 Upon full payment, the client receives the agreed usage rights to the delivered work.
5.2 Until payment is made in full, all rights remain with the Agency.
5.3 Any use, publication, or transfer of the work without written permission from the Agency is prohibited until full payment has been received.
6. Acceptance and defects
6.1 The client must review the delivered services immediately upon receipt.
6.2 Obvious defects must be reported in writing within five (5) working days of delivery. Otherwise, the services shall be deemed accepted.
6.3 The Agency will remedy legitimate defects within a reasonable period.
7. Withdrawal and cancellation
7.1 If the client withdraws from the contract, the Agency is entitled to compensation for services already rendered.
7.2 The 50% deposit is non-refundable, as it secures the processing and reservation of the project.
7.3 Any services already provided beyond the deposit will be invoiced proportionally.
8. Liability
8.1 The Agency is liable for damages only in cases of intent or gross negligence.
8.2 For slight negligence, liability is limited to breaches of essential contractual obligations.
8.3 Liability is limited to foreseeable and typical contractual damages.
9. Confidentiality
9.1 Both parties agree to treat all information disclosed during the collaboration as confidential.
9.2 This obligation remains in effect beyond the end of the contractual relationship.
10. Refund after project completion
10.1 After acceptance and full payment, the client is not entitled to any refund.
10.2 Upon written or verbal approval, the services are considered fully delivered and accepted.
11. Final provisions
11.1 Swiss law shall apply.
11.2 Place of jurisdiction is the registered office of HIVER GmbH.
11.3 If any provision of these Terms and Conditions is found to be invalid, the validity of the remaining provisions shall remain unaffected.