1. Scope
1.1. These Terms and Conditions (T&C) govern the contractual relationships between Iconvir, a marketing agency based in Bern, Switzerland (hereinafter referred to as “Agency”), and its clients (hereinafter referred to as “Client”).
1.2. These T&C apply to all services provided by the Agency in the field of marketing, regardless of whether they are ordered verbally, in writing, or through electronic communication.
1.3. Any terms and conditions of the Client that conflict with or deviate from these T&C will not be recognized unless expressly agreed upon in writing by the Agency.
2. Conclusion of Contract
2.1. The presentation and promotion of services on the Agency’s website do not constitute a binding offer to conclude a contract but are an invitation to submit an order by the Client.
2.2. A contract is only concluded when the Agency confirms the Client’s order in writing. The order confirmation may be sent via email.
3. Description of Services
3.1. The Agency provides a variety of marketing services, including but not limited to strategic marketing consulting, creation of marketing concepts, execution of advertising campaigns, social media management, search engine optimization (SEO), and content marketing.
3.2. The exact scope of services is defined in an individual contract between the Agency and the Client. Any changes or additions to the scope of services must be agreed upon in writing.
3.3. The Agency is entitled to use third parties to fulfill its contractual obligations.
4. Prices and Payment Terms
4.1. All prices are quoted net in Swiss Francs (CHF) and exclusive of statutory VAT, unless otherwise stated.
4.2. Payment terms are individually agreed upon and specified in the respective order confirmation. In the absence of any specific agreement, invoices issued by the Agency are payable without deduction within 14 days from the invoice date.
4.3. In case of payment default, the Agency is entitled to charge default interest at the rate of 5% per annum. Further claims remain unaffected.
5. Delivery Terms
5.1. Delivery times for services provided by the Agency are individually agreed upon and specified in the order confirmation. Delays due to force majeure or other circumstances beyond the Agency’s control extend the delivery period accordingly.
5.2. If the Agency is in default, the Client must set a reasonable grace period. Only after the unsuccessful expiration of this grace period may the Client withdraw from the contract.
6. Right of Withdrawal
6.1. Clients have the right to withdraw from the contract within 14 days without stating any reason. The withdrawal period is 14 days from the date of contract conclusion.
6.2. To exercise the right of withdrawal, the Client must notify the Agency (contact@iconvir.com) by means of a clear statement (e.g., via email) of their decision to withdraw from the contract.
6.3. In the event of a valid withdrawal, any payments received by either party must be returned and any benefits derived (e.g., interest) must be surrendered.
7. Warranty and Liability
7.1. The Agency warrants that the services will be performed with due care and in accordance with the current state of technology. However, no guarantee for the success of the marketing measures is given.
7.2. The Agency is liable for damages caused by willful intent or gross negligence. For slight negligence, the Agency is only liable in the event of a breach of essential contractual obligations (cardinal obligations) and limited to the foreseeable, contract-typical damage.
7.3. Liability for indirect damages and consequential damages, particularly lost profits, is excluded.
8. Data Protection
8.1. The Agency collects, stores, and processes the Client’s personal data only to the extent necessary for the fulfillment of the contract and the maintenance of ongoing customer relationships, in accordance with applicable data protection regulations.
8.2. Personal data will only be disclosed to third parties if this is necessary for the performance of the contract or if the Client has given explicit consent.
8.3. Further information on data protection can be found in the Agency’s privacy policy on the website.
9. Final Provisions
9.1. Amendments and supplements to these T&C must be made in writing. This also applies to the waiver of this written form requirement.
9.2. Should individual provisions of these T&C be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the invalid provision.
9.3. Swiss law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from or in connection with this contract is the location of the Agency’s headquarters.
Contact:
Iconvir
Bern, Switzerland
Email: contact@iconvir.com
Iconvir ist ein führendes Marketingunternehmen mit Sitz in der Schweiz, das sich auf die Unterstützung von Startups und Unternehmen spezialisiert hat.