Digital is everywhere Sàrl.
Pl. de la Taconnerie 1, CH-1204 Genève
[email protected]
L'AGENCE.CH is a registered trademark
Last Update 01/2024
Application
These general terms and conditions form an integral part of all offers and purchase orders for the above-mentioned services, including those on a flat-rate or recurring basis, subject to other written provisions. In particular, services provided under specific mandate contracts are excluded.
Collaboration
The customer undertakes to cooperate fully with the Agency in the provision of the services. In particular, the customer undertakes to transmit without delay all information necessary and/or useful for this purpose, as well as all elements required by the Agency.
Commitment to confidentiality
The agency undertakes not to divulge confidential information to third parties, to take the necessary measures to ensure that its personnel do not divulge confidential information to third parties, and not to reproduce confidential information without the customer's written consent.
The agency undertakes to return or destroy such information at the customer's request. The agency does not profit or allow third parties to profit from the content of this information in terms of know-how, and does not develop or allow third parties to develop a product or service.
The customer is also bound by a strict obligation of confidentiality with regard to all information and/or data of which the agency becomes aware, even if the information and/or data in question has not been expressly designated as secret or confidential. This obligation of confidentiality is valid, in all its aspects, during the negotiation phase, during the employment contract, and also continues for three (3) years after the end of the contract.
Quotations
The calculation of prices is based on indications, data and documents provided in such a way as to avoid any misunderstanding of the work to be carried out. The material supplied to the agency by the customer for the execution of his order must be delivered in such a way as to allow the reworking or integration of elements in accordance with current technical standards. Offers made on the basis of imprecise or incomplete data, or in the absence of documents useful for calculating prices, can only be considered as indicative and are not binding on the agency.
Quotations are generally valid for 30 days from the date of issue.
Materials supplied
The customer provides material (text, images, documents, slogans, etc.) free of copyright or for which the rights of use have been acquired by the customer. If this is not the case, the agency may propose material for which it holds the rights of use.
Texts
Texts or translations are supplied by the customer or are quoted separately. The agency cannot be held responsible for the language, grammar and syntax of texts or translations supplied by the customer.
Author's corrections and additional charges
Author's corrections (subsequent changes to text, illustrations, layout, etc.) are not included in the prices. They are invoiced separately according to the time required to complete them.
Commitment
The agency undertakes to carry out the services quoted as closely as possible to the customer's wishes. Any substantial modification of the constraints, on either side, will be the subject of a new acceptance.
Prices, invoicing, conditions
All prices quoted, confirmed or invoiced are in Swiss francs, net and exclusive of VAT. Payment is due within 20 days. A deposit invoice of 30% will be automatically generated for accepted quotations over CHF 1'500.
Due dates are defined in the schedules sent
Cost increases due to justified reasons are possible if they are external and beyond the control of the agency (e.g. new legal provisions or taxes, substantial increase in the cost of external supplies, etc.).
Third-party work
Third-party work is work that is necessary for the realization of a final product or project, in particular graphics or involving IT development, and that is not produced by Digital is everywhere Sàrl.
The agency can and does regularly call upon third-party work, without explicit notification, but without abandoning its duty of care. It makes every effort to ensure the quality of third-party work in the same way as its own work, and at all times guarantees an equivalent level of data protection and confidentiality.
Validation of proofs and corrections
The agency provides the customer with proofs, mock-ups and simulations, including in digital form or as clickable links. The customer undertakes to examine the material submitted and to indicate any changes that need to be made. The customer is entitled to two correction cycles. Any subsequent modifications or corrections may be invoiced in accordance with the estimate, or at the hourly rate of CHF 150.
Control proofs trigger the customer's approval, which cannot be withdrawn. Approval by the customer, including by return e-mail, constitutes final validation. This acceptance releases the agency from all responsibility for the entire creation. In addition, the client company acknowledges and assumes full and entire responsibility for the choices made in terms of textual and iconographic content in the work delivered by the agency.
The client company has taken or will take cognizance of the legal standards concerning copyright, intellectual property, the legal notices to be published and the penalties that may be incurred for violating them. The agency cannot be held responsible for any repercussions, particularly after delivery, when time-limited licenses have been acquired, notified and not renewed by the customer.
Delivery time
The delivery period is agreed by the parties in the offer accepted by the customer or in prior or subsequent communications.
The agency cannot be held responsible for late dispatch of information, incomplete or non-compliant documents, changes to the initial order or requests for additional work, or failure to meet validation deadlines.
Digital is everywhere Sàrl shall be liable for any proven economic loss resulting from late delivery, up to the value of the order or the work carried out, provided there is explicit confirmation of the deadline.
If deadlines are exceeded by the agency for reasons beyond its control, such as force majeure or unforeseeable delays by third parties, the agency cannot be held responsible.
Intellectual property
Digital is everywhere productions remain the property of the agency, in accordance with current copyright legislation.
However, all rights may be transferred to the customer free of charge on request after full payment of invoices, on the express condition that the customer makes no modifications and does not use it for purposes other than those initially defined.
Creative variants not selected by the customer, as well as any tools, pieces of code or software or hardware engineering used to develop the final product, remain the property of Digital is everywhere Sàrl, in accordance with intellectual property law.
References
Unless explicitly stated otherwise in writing, the customer expressly authorizes Digital is everywhere Sàrl to use the products or services developed on its behalf for reference purposes.
Reference to projects carried out by Digital is everywhere Sàrl is made with due respect for the protection of data supplied by the customer (redaction, anonymization of data).
Website hosting
If the customer does not wish to use his own hosting or does not have one, the agency concludes a hosting contract in his name and at his expense. The terms and conditions of web hosting are determined by the hosting provider's general terms and conditions, which are available on request at any time.
The agency ensures a scrupulous choice of hosting provider according to technical criteria of availability and security, but does not assume any liabilitý towards the customer in the event of non-performance of the hosting contract, unlawful act or damage caused to the customer by the hosting provider (e.g. unavailability) provided that the latter has been selected according to good industry practice.
Websites are hosted in Switzerland or Europe, unless explicitly stated otherwise.
In the event of termination of collaboration or transfer request, the agency provides either an archive file of the website or FTP access, but does not provide migration services without payment.
Domain names
If the customer does not own a domain name, the agency provides the domain name designated by the customer in the Service Offer and pays the registration and renewal fees. Digital is everywhere and the Customer agree on the available domain name to be registered at the latest when the site goes online. If the Customer has already reserved or is already using a domain name and wishes to keep it, the Customer is responsible for paying the registration and renewal fees, and must provide the agency with the access data for this domain name.
Software
All software related to the use or dynamic modification of the Site, in particular the Content Management System (hereinafter: CMS) and the CMS functionalities specific to each trade or the administration interface for emails and marketing campaigns, are available to the Customer on request during the term of the Contract.
The Agency is not responsible for any breakdowns or difficulties caused by the Customer's direct access to the aforementioned tools, and the Customer must cooperate with the Agency to eliminate any defects that may affect the Site or the software.
The Agency is entitled to modify the features and tools used at any time, in particular to adapt to technological developments.
The right to use the tools and services acquired by the agency expires at the latest at the end of the related Contract.
Archiving
Once productions have been transferred, Digital is everywhere Sàrl is not obliged to save or archive data for a specific period of time. Subsequent requests for files or data are made on a "best effort" basis and invoiced on a time basis.
Complaints
All complaints must be notified within 8 days of delivery of the goods, failing which the delivery is deemed to have been accepted. In the event of a justified complaint, remedial action will be taken within an appropriate timeframe, but may in no case exceed the value of the offer or the work carried out by the agency.
Personal data
By entering into the Contract, the Customer accepts that Digital is everywhere will process the Customer's personal data and that of its staff in compliance with the legal provisions of Swiss law. The Customer's rights of access and rectification are determined by the legal provisions of Swiss law.
Acknowledgement of terms and conditions, notifications and changes
By placing an order, accepting or releasing the "bon à tirer" and paying the invoice, the customer acknowledges these general terms and conditions.
All notifications to be made under these GTC or the Contract are validly made by post or email. The GTC may be subject to change. Digital is everywhere reserves the right to modify the GTC at any time during the current year. The new version of the GCS will be regularly sent to customers by email in order to inform them of new changes.
Applicable law
These terms and conditions are governed by Swiss law. Any dispute arising in connection with the work or projects covered by these General Terms of Sales shall be governed by Swiss law. The place of jurisdiction is Geneva. The declaration of nullity of one of the clauses of the present general terms and conditions shall not affect the validity of the other clauses (CO Art. 20 Paragraph 2).
Related IT support
Introduction
These additional terms and conditions set out the terms and conditions under which Digital is everywhere Sàrl. provide IT maintenance and support services to the Customer, including IT help desk and support services and email support.
These additional terms and conditions are in addition to the main terms and conditions. It is understood that all provisions contained in the main terms and conditions shall remain in full force and effect, except to the extent that they are expressly modified or excluded by these additional terms. In the event of any discrepancy or contradiction between the provisions of the Main Terms and Conditions and those of the Additional Terms and Conditions, the provisions of the Additional Terms and Conditions shall prevail, only in respect of the aspects specifically addressed in the latter
Offer
The IT support services are provided exclusively in relation with digital communication services and in particular in conjunction with the provision of a website and the purchase of a corresponding domain name. This is why the provider offers a single level of service, limited to the email addresses provided with the main service.
Built-in IT support includes in this context; Unlimited technical assistance, troubleshooting, and remote support. The service also guarantees on-site interventions if necessary.
Conditions
Services are mainly provided during standard business hours. The provider undertakes to provide these services in a professional manner, taking into account the specific needs of the customer. The Client is responsible for providing the Service Provider with all the information necessary for the proper performance of the Services.
Microsoft 365
Customer agrees to maintain system compatibility according to Microsoft's recommendations and to properly handle automatic updates. The provider offers support for the initial integration and configuration of Microsoft 365, according to the customer's needs.
Price & Payment
Pricing is based on a single flat rate, with clearly identified additional costs for non-standard services or special interventions. All payments must be made in accordance with the terms and conditions set out in our Terms and Conditions of Sale.
Obligations and Responsibilities
The customer must cooperate with the service provider to ensure the effective provision of services, including on-site interventions, which will normally take place within standard working hours. To this end, the service provider ensures that an appointment is made within a reasonable period of time, not exceeding 5 working days, and promptly informs the customer if he or she is unable to intervene.
Termination and Reversibility
The contract can be terminated at any time at the end of a month with 15 days' notice. In the event of termination, Digital is everywhere Sàrl. provide the necessary access to facilitate the transition of services and data to a new provider, but does not include migration or support for such migration outside of good faith collaboration.
Privacy & Security
The provider guarantees the protection of the data and access provided by the customer for its customer services in accordance with industry security standards.
Acceptance and Validation
An acceptance process is established to allow the client to verify the compliance of the services provided, usually at the time of the intervention. The client has a period of one week to express reservations or to validate the receipt of the services.
Guarantee
Digital is everywhere Sàrl. guarantees that the services provided correspond to the specifications agreed with the Client, but cannot guarantee that the computer system will operate without interruption and without defects.
Any warranty claims that go beyond the right to repair defects or the right of cancellation are completely and expressly excluded. In particular, the Client is solely responsible for the use of the products and services provided, as well as for the results that it achieves or does not achieve through this means. Digital is everywhere Sàrl. In particular, it shall be released from any warranty obligation if the defects invoked by the Client are not exclusively and established to be the Client's responsibility, or if they result from causes for which third parties are responsible, such as handling errors or interventions by the Client or third parties, or from the competition of multiple services for the same purpose. If not all the warranty conditions are met, Digital is everywhere Sàrl. is entitled to invoice the Client for its services.