Terms and Conditions

General Terms and Conditions of Business

 

1. Scope and Validity

1.1. turrall consulting provide consulting, Web/App/IoT design and development services, with detailed descriptions published on the turrall consulting website. All services are subject to agreement between the client and turrall consulting and covered by these these Terms and Conditions.

1.2. These Terms and Conditions apply to all turrall consulting services and are valid as of June 2003. Clients who accept the services of turrall consulting also explicitly accept these Terms and Conditions. Any deviation from these Terms and Conditions is to be agreed in writing between the client and turrall consulting.

1.3. Changes to these Terms and Conditions will be communicated to clients in writing and are considered accepted should there be no notification to the contrary within 30 days of the date of change.

2. Services

2.1. turrall consulting offers bespoke consulting and marketing services in the fields of strategy, business optimisation, project management, web/app/IoT design and development and other marketing measures. Type, scope, and duration of the services are defined together with each individual client.

2.2. turrall consulting reserves the right to work with various clients from within the same or related fields of business without prejudice or preference.

3. Offers/Estimates

3.1. Unless otherwise agreed between the parties, offers are valid for a maximum of 30 days. An offer is only binding after acceptance by a client. Project estimates and any associated fixed project costs include all services required to realise the project. Changes or alterations mode by the client to the initial material project definition or scope that require extra work or cause extra costs, whether agreed or not, are not included in such estimates or fixed price costings. Costs which exceed agreed budget will be notified to the client as early as possible.

4. Project process and scope

4.1. All preparatory works (Meetings, Layout drafts, Comparative offers, Pitches, or similar) are chargeable, regardless of whether they result in a final project. They can, however, be made the subject of a separate preliminary agreement or integrated into a final contract.

5. Copyright and usage rights

5.1. The client explicitly acknowledges the intellectual property of turrall consulting, in particular with regard to intellectual property rights (design) and copyright of all products and services created by turrall consulting (concepts, design mockups and prototypes, texts, images, graphics work, photos, logos, web pages and programming, databases, mobile or IoT applications).

5.2. Usage rights are granted to the client for the creative services such as conception, layout and composition, text etc. provided by turrall consulting in the context of a specific project. Any further use and the compensation therefore is to be agreed in writing.

5.3. turrall consulting retains copyright of all source code. Changes may only be made with explicit written permission. Changes made to source code of websites or any other program code, including those agreed to by turrall consulting, will result in the lapse of any warranty or right to support through turrall consulting. The same conditions apply to bespoke client development projects – with all copyright of source code being retained by turrall consulting. The reuse, copying, or sharing of all or any part of the source code is only allowed with the specific written permission of turrall consulting.

5.4. turrall consulting retain all usage rights of all works provided as part of a project until they are paid for in full. The client acquires the right to use (including duplication) for the agreed purpose and in the agreed scope of use only upon full payment of the agreed fees.

5.5. The transfer of agreed usage rights to third parties or multiple use of works are subject to further fees and the express written permission of turrall consulting unless otherwise agreed contractually. turrall consulting have a right to information regarding any planned transfers or multiple use.

6. Contract validity

6.1. Contracts for all services come to being through written, electronic, or verbal confirmation by both parties.

6.2. The client signature on an offer for Web/App/IoT design and development services is considered to be contractually binding.

7. Duty of confidentiality

7.1 turrall consulting commits to carry out the agreed project tasks professionally and responsibly. Project-related information is always treated as confidential.

8. Duty to cooperate

8.1. The client commits to support turrall consulting in all project tasks, with timely and clear instructions and the provision of all relevant information. Extra effort or costs which arise due to the negligence of the client in this respect will be charged additionally.

9. Third party services

9.1 turrall consulting is not required to provide information regarding any involved third parties or third party services to the client.

10. Payment conditions and prices

10.1. Invoices for all services are sent electronically as PDF with payment details. Payment should be made in full within the agreed timeframe. The client is in default with the passing of the payment deadline.

10.2. Invoices will not be sent by post out of respect for the environment. Should the client prefer to receive an invoice by with payment slip an administrative charge of CHF 20.00 will be charged.

10.3. Preise für Zusatzaufwände aller Art, welche ausserhalb der vereinbarten Dienstleistung erbracht werden, werden mit CHF 120.00 pro Stunde in Rechnung gestellt.

10.3. All prices are in Swiss Francs and exclude sales taxes.

10.4. Should a client be in default a reminder will be sent. Upon failure to pay a second reminder is sent. Should the client not pay the due amount in full, turrall consulting reserves the right to initiate legal proceedings against the client if the reminder is not successful and to charge a reminder fee of CHF 20.00.

10.5. Prices are subject to change. Fees agreed upon by both parties are binding for both parties, unless otherwise agreed in writing

11. Payments on account

11.1 Payments on account may be required for more involved projects or projects above a certain total value.

12. Order reduction or cancellation

12.1. Should a project be reduced in scope or cancelled after it becomes legally binding, turrall consulting has a right to a minimum of 50% of the agreed fees. The amount is increased to 100% of that agreed, should the project have been completed. In addition, the client is expected to fully reimburse all costs incurred by any involved third parties.

13. Termination periods and contract term

13.1. The contract term is agreed contractually between turrall consulting and the client and may be terminated according to the agreed terms.

14. Liability

14.1. turrall consulting may only be held liable for damages incurred through gross negligence and/or intentional fault. Damage claims are limited to the value of the agreed project fees.

14.2. The client can be held liable for all damages resulting from improper or unlawful use of the services.

14.3. In the case of SEO services provided in the course of a web project, turrall consulting establishes the basic conditions for a good positioning with search engines, particularly with respect to google. Actual positioning is determined by the providers of the search engine themselves and may be subject to change at any time. turrall constulting therefore declines any liability for a loss in position. turrall consulting also declines any liability for any services or products not provided by turrall consulting which may have a negative influence on positioning.

14.4. For all other services: turrall consulting provides consultancy but cannot be held solely responsible for guaranteeing an increase in earnings or other business improvement. turrall consulting cannot be held responsible for any damages incurred after the term of an agreement has ended or after cancellation of our services and therefore declines all liability for such damages.

15. Complaints procedure

15.1. All products and services provided by turrall consulting should be checked upon receipt. All complaints should be made in writing within 5 working days of receipt.

16. Force majeure

16.1. Any circumstances which affect the fulfillment of the contract, and upon which we have no influence, shall be considered force majeure. In this case, we reserve the right to change the terms of the contract in whole or in part.

17. Identification

17.1. turrall consulting is entitled to identification as author for the use of advertising without the client being entitled to remuneration.

17.2. turrall consulting is entitled to refer to the client relationship on their website, including use of the client name and logo.

17.3. turrall consulting may refer to the client project in its own advertising materials. This commercial use may be regulated by turrall consulting and the customer through a respective separate, possibly fee-based agreement.

17.4. turrall consulting reserves the right to be named on work created. Such references may not be removed by the client, even after completion of the project, except in cases where the work is completely reworked by a different agency. It is forbidden in such cases to reuse any work by turrall consulting or to claim it as the work of another designer or developer.

18. Applicable Law and Jurisdiction

18.1 Swiss law applies to all legal relationships. The court of jurisdiction is Zurich.

19. Severability Clause

19.1. In case any provision in these terms and conditions shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

20. Amendments to the General Terms and Conditions

20.1 turrall consulting may change the terms and conditions at any time without the need for justification. The binding version of the General Terms and Conditions can be viewed and printed on the homepage. The terms and conditions valid at the time of the use of the service apply.

turrall consulting – General Terms and Conditions of Business, last change June 2017.