These General Terms and Conditions (GTC) govern the contractual relations between the Bowbird Agency, hereinafter also referred to as Bowbird, and the respective Customer, hereinafter also referred to as Customer.
By placing an order in written or verbal form, the Customer declares his or her agreement with Bowbird's General Terms and Conditions.
The Terms and Conditions are an integral part of an order. Deviations must be recorded in writing and are only valid if they have been confirmed by signature of both parties to the contract.
Any verbal or written placing of an order shall at the same time be considered as acceptance of the corresponding offer. If the Customer reduces or cancels an order, Bowbird shall be entitled to the fee for the work and expenses already carried out. Bowbird may continue to use the work already completed.
Offered all-inclusive prices are expressly declared
as such and are based on complete and accurate
information. Offers based on imprecise specifications
and a scope of work that is difficult to estimate are
to be understood as guide prices. In mutual agreement,
services agreed upon in the offer can be adjusted.
The prices quoted in Bowbird's offer are valid
under the condition that the order data remain unchanged
and for a maximum of three months after receipt of
the offer by the Customer. The prices offered do
not include the statutory value added tax. The VAT
amount will be charged and shown separately
on each invoice.
Bowbird will protect the customer's interests to the best of its knowledge and belief.
Bowbird and the Customer undertake to treat
secret information and documents as confidential.
Involved employees and third parties must be
informed about the obligation of secrecy. The
obligation of secrecy begins with the first
contact and is valid for an indefinite
period of time.
Bowbird retains the copyright and proprietary rights to all work created for the Customer. Upon payment of the corresponding invoice, the Customer acquires the right of use for personal use. Accordingly, the Customer is not entitled to pass on or resell works in any form to third parties.
Bowbird shall be entitled to call in third parties for
the performance of its contractual obligations,
provided that this does not diminish the customer's legal
and material warranty. Insofar as Bowbird acts on behalf
of and for the account of the customer, Bowbird shall be
liable for careful selection, instruction and monitoring.
If Bowbird does not receive an order after a presentation of drafts, concepts, ideas or similar services, all rights remain with Bowbird.
The customer is not entitled to use drafts, concepts, ideas or similar services.
Bowbird reserves the right, subject to the agreed confidentiality obligations, to use executed work as references, to publish it in the press and to make it available to the public - for example on the website. Furthermore, Bowbird may add the Customer to its customer list.
Bowbird shall only be liable for proven damages caused to the Customer by intentional or grossly negligent breach of contract. Any further liability of Bowbird for direct or indirect damages is excluded.
The work delivered by Bowbird must be checked immediately. Complaints must be made within three days after receipt of the work. Otherwise, the work shall be deemed to have been accepted. In the event of justified complaints, Bowbird shall remedy the defect within a reasonable period of time.
The risk of legal admissibility of the measures developed and implemented by Bowbird shall be borne by the Customer.
Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. Instead of the invalid or missing provisions, the respective current legal regulations shall apply.
Place of jurisdiction is the domicile of Bowbird. Swiss law applies.
Männedorf, May 1, 2020