GTC
General Terms and Conditions of yucon GmbH (hereinafter referred to as yucon) in 8055 Zurich, Im Tiergarten 11
Preamble
The basis of these General Terms and Conditions and thus of the relationship between the client and yucon is the law on contracts within the meaning of Art. 394 ff. of the Swiss Code of Obligations (OR). Trust in professionally flawless, independent and objective advice by yucon as well as in comprehensive information and transparency towards the client form the basis for client contracts and thus for good cooperation.
Based on this, the client and yucon agree on the following:
Contract and services
All yucon offers are non-binding. The Client commissions yucon for the services specified in the offer. The offer, together with these GTCs, forms the framework for a contract with the Client. The contract is considered concluded when yucon confirms a declaration of acceptance or order in writing. All contractual agreements must be made in writing.
yucon may use subcontractors for the provision of services while maintaining confidentiality.
Cooperation
yucon is obliged to negotiate and purchase all orders, including those from third parties, at all times on the best possible terms and conditions for the Client.
The client provides a binding briefing and provides yucon with all relevant information that is necessary for the execution of the order and the services of yucon or procures it as far as requested and possible.
The client and yucon establish binding rules for meetings and reporting.
yucon archives all documents resulting from the order as follows: Conceptual data for a period of 5 years. Commercial and accounting data etc. for a period of 10 years. yucon (including its employees) undertakes to treat all business transactions within the scope of this order confidentially at all times, even after the end of the contract.
In the context of an acceptance, the customer is obliged to check all services of yucon immediately after completion and to report possible defects immediately.
Intellectual property rights belonging to yucon prior to the commencement of the contract remain the sole property of yucon. The customer does not acquire any rights to them
The services from our support contracts refer to activities within normal office hours (8 a.m. - 5 p.m.). Activities outside office hours will be charged separately.
Invoicing and payment modalities
The client undertakes to pay for yucon's services in accordance with the offer. All prices are subject to value added tax.
yucon invoices are payable within 14 days without deduction. Third-party costs are always invoiced in advance. For projects with a duration of more than one month, monthly partial invoices can be issued.
yucon shall inform the client in writing of the individual payment deadlines agreed with the media or other third parties or currently applied. The client hereby undertakes to strictly adhere to the payment deadlines.
All payments in connection with this agreement must be made by bank transfer; other forms of payment (in particular check or cash) are excluded.
Term and termination
A contract cannot be terminated once it has been commissioned. If a milestone-based approach has been agreed, either party may terminate the project after each milestone. In the case of recurring services, either party may terminate the agreement at any time at the end of a month.
Liability
yucon does not guarantee the services of third parties.
yucon is liable for direct damages resulting from willful or grossly negligent breach of its obligations under this agreement. In all other cases, yucon is not liable.
Final provisions
If any provision of these GTC becomes invalid, this shall not affect the validity of the remaining provisions.
yucon reserves the right to change the GTC at any time. yucon will inform the Client of such changes immediately. If the client does not object within 14 days of receipt of the notification of change, the amended GTCs are deemed to have been accepted by the client. When a new order is placed, the current GTCs also apply to all existing orders.
The place of fulfillment and jurisdiction is Zurich. The provisions of the Swiss Code of Obligations (OR), the General Terms and Conditions (GTC) of yucon GmbH and the agreement in the offer apply.