General Terms And Conditions
1. Contractual terms
The following provisions regulate the relations between customers and RWDesign. They are valid only if the relevant customer is made aware of them before the order is awarded.
2. Written form
Deviations from the following provisions must be laid down in writing in order to be valid.
3. Service provision by RWDesign
Within the framework of the workflow for an assignment, RWDesign provides design, organisational and administrative services. Our design services are charged on the basis of the AGD collective agreement on pay for design*. (*The collective agreement on pay for design (Vergütung Tarifvertrag Design, VTV Design) has been concluded by the Alliance of German Designers (AGD) and the Selbstständige Designstudios (SDSt) [independent design studios] at regular intervals since 1977. It is a recognised guideline on appropriate remuneration for design services.) >> agd.de
4. Duty of loyalty and trade secrecy
RWDesign hereby pledges to complete all assigned tasks carefully, conscientiously and responsibly. Information developed for customers is treated in strict confidence.
5. Copyright
The copyright to all works created by RWDesign (concepts, sketches, drafts, etc.) is held by RWDesign. RWDesign is at liberty to use this right in accordance with the provisions of the Swiss Federal Act on Copyright and Related Rights, dated 9 October 1992. From this principle it follows that, among other things, customers are not permitted to use and/or modify the relevant pieces of work – especially individual design elements – without the consent of RWDesign. RWDesign reserves the right to specify the copyright to its created works in a form of its own choosing.
6. Utilisation rights and scope
In principle, the agreed utilisation rights are transferred to the customer only upon complete payment of the fee. The scope of the permitted usage of the works created by RWDesign is determined by the purpose of the assignment agreed with the customer. In particular, any pieces of work created by RWDesign, any assignment documentation or parts thereof that are handed over to the customer may only be used exclusively within the framework of the agreed assignment. Unless agreed otherwise, these utilisation rights apply for an unlimited period of time and without geographical limitations, and exclude any use outside the contractual purpose as well as the release of the raw data. However, the parties can renegotiate regarding any use outside the contractual purpose as well as the release of raw data. The customer must obtain permission from RWDesign for all and any use outside the contractual purpose and remunerate such additional usage accordingly.
7. Illegal use
In the event of illegal use of a copyright-protected work of RWDesign, the customer will be obliged to pay a contractual penalty amounting to CHF 10,000. RWDesign expressly reserves the right to assert claims for damages.
8. Warranty
When processing, modifying or redesigning the works of third parties (e.g. design work, photos, texts, samples, electronic data, etc.), RWDesign may assume that permission for such use is available and thus third-party rights are not being contravened, even in the absence of express notification thereof by the customer. Should third-party rights be contravened nonetheless, the customer shall indemnify RWDesign in every respect.
9. External suppliers
Within the framework of an assignment and at the customer’s expense, RWDesign can commission any third-party services that may be required for draft work or to produce reproduction-ready templates. A quotation must be available for such third-party work. This quotation must be approved by the customer in advance.
10. Document storage
RWDesign is obliged to store assignment documentation, final artwork, etc. at its place of business for a period of one year after completion and/or delivery. Beyond this, it shall be released from any further storage obligations unless instructed otherwise by the customer in writing. Should documentation be stored for longer, the conditions thereof must be agreed separately. In the case of extensive work, RWDesign may charge proportionally for additional storage media.
11. Individual presentations
Remuneration for individual presentations shall be discussed before work begins. In all other respects, the provisions of the AGD collective agreement on pay for design* shall apply.
12. Sample copies
Without the need for prompting, RWDesign shall receive four flawless copies (or, in the case of valuable pieces, an appropriate number) of all produced work – including reprints. RWDesign shall have the right to use and publicise these copies as proofs of its work.
13. Assignment preparation meeting
The initial meeting for a design assignment is generally free of charge.
14. Guideline quotations and billing of fees for design assignments
Guideline quotations and billing of fees will be based on the AGD collective agreement on pay for design*. The fees of RWDesign shall be based on the time spent and the individual hourly rate for the different services. Submission of a written individual guideline quotation is recommended in all cases. RWDesign will notify the customer in a timely manner about any necessary additional expenditure incurred as a result of modified specifications. This will be listed separately on the invoice.
15. Reduction or cancellation of the assignment
If an assigned contract is reduced or cancelled, RWDesign shall be entitled to: a. Invoice (on a pro rata basis) the work undertaken up to that point; b. Invoice the expenses and advances of third parties; and c. Compensation for all damage resulting from the reduction or cancellation. In addition, RWDesign shall have the right to use the work it has done up to that point if the assignmentis cancelled. RWDesign shall retain the utilisation rights in full.
16. Invoicing
RWDesign shall invoice on the basis of the guideline quotation and the services provided.
17. Payment terms
After completion of the assignment, RWDesign shall issue an invoice which must be paid in full within ten days. If it takes a long time to fulfil the assignment, RWDesign shall be entitled to appropriate payments on account.
18. Advisory and mediation commission
In principle, RWDesign receives advisory and mediation commission in connection with obtaining quotations, placing orders and controlling invoices. This commission must be passed on to the customer if RWDesign charges the customer for the expenses associated with conducting and monitoring production.
19. Applicable law
The relationships between RWDesign and the customer are subject to Swiss law. Unless specified otherwise in the terms and conditions of RWDesign, the provisions on simple assignments, set out in Article 394 et seq. of the Swiss Code of Obligations shall apply.
20. Place of jurisdiction
The place of jurisdiction shall be location of the registered office of RWDesign.