These General Terms and Conditions govern the cooperation between Souffleur Consulting GmbH (hereinafter referred to as “Souffleur”) and its clients. They are an integral part of a cooperation/contract.
Souffleur provides services in the field of communication and strategy within the framework of the client’s specifications.
Souffleur performs all tasks with proper care. Souffleur treats all information entrusted by or prepared for the client confidentially.
The services are generally compensated according to the actual costs incurred. The basis for invoicing is the offer. It is binding for the agreed scope of services in the sense of a cost ceiling. If it becomes apparent in the course of the project that the actual expenses exceed the amounts stated in the quotation, Souffleur shall be obliged to inform the client of this as soon as possible. Additional expenses due to changes in content or additions not listed in the offer shall be charged additionally. All amounts stated in the offers are always exclusive of VAT.
Agency costs include colour printouts, copies, data carriers, scans, small and presentation material. Agency costs are compensated at a flat rate of 3% of the fee.
Expenses are paid in advance by Souffleur and settled according to the actual costs. The flat rate for a car kilometre is CHF 1.00, train journeys are charged in 1st class (half-fare card). Flights within Europe are booked in economy class.
Third-party costs: Souffleur shall arrange for third-party services within the scope of the order and at the expense of the client. These costs must be submitted to the client for approval before the corresponding order is triggered.
The accrued costs shall be invoiced to the Client once a month as a matter of principle. The client shall make payments due within 30 days.
In any case, the client shall compensate Souffleur in full for the effective services already performed. Advance services rendered by third parties shall also be invoiced. This shall also apply in the event of a reduction in the order for the preliminary services provided by Souffleur and third parties up to that point.
The property rights and intellectual property rights to work results (such as strategy papers, texts, drafts, photographs, templates, print documents, training documents, models, etc.) created by Souffleur for the Client in whole or in part shall remain with Souffleur. Souffleur may dispose of the copyrights in accordance with the provisions of the Federal Act on Copyright and Related Rights of 9 October 1992. It follows from this principle, among other things, that the Client is not entitled to make changes to the works in question without the consent of Souffleur.
The scope of permitted use of the work results/works created by Souffleur shall be determined by the purpose of the order agreed with the Customer. In particular, works created by Souffleur, order documents or parts thereof which are handed over to the Client may only be used within the scope of the agreed order. Unless otherwise agreed, the Client’s use in terms of content, time and geography relates to the one-time use of the works created by Souffleur. For any use outside the purpose of the contract, the Client must obtain permission from Souffleur and compensate it accordingly. Unless otherwise agreed, the rights of use of third parties (in particular visual material, texts, electronic data, etc.) shall be subject to the same provisions.
In the case of adaptations or redesigns of third-party works (for example design work, photos, texts, samples, electronic data, etc.), Souffleur may assume, without express notification from the Client, that the authorisation for such uses exists and that accordingly no third-party rights are infringed.
Important project decisions are always recorded in writing by Souffleur.
Souffleur and third parties called in may in principle appear as authors within the framework of their own communication. The time and scope of this must not be agreed with the client. In principle, only publicly accessible information may be used in Souffleur’s own communication.
Souffleur shall inform the Client of existing contracts with competing companies or for competing products or services prior to commencement of the cooperation. For the duration of the contract Souffleur undertakes not to provide any services for competing companies or for competing products or services without the consent of the Client.
Work results are kept by Souffleur for two years from the date of the last invoice.
Three copies (an appropriate number in the case of valuable pieces) of all work produced shall be given to Souffleur. Souffleur shall be entitled to use and publish these copies as proof of performance.
Any deviations from these General Terms and Conditions must be made in writing.
The place of jurisdiction is always Zurich/Switzerland.