UPDATED MAY 29, 2024
SECTIONS
So we can focus on what truly matters. These General Terms and Conditions (hereinafter referred to as GTC) form the secure framework for a successful and focused collaboration between Digital Passion GmbH (hereinafter Digital Passion) and its clients. We believe that leadership becomes effortless when thinking, language, and technology empower each other. These conditions serve to define the rhythm of our collaboration, protect cognitive bandwidth, and secure the speed of your transformation. They are an integral part of every offer and invoice. If the client uses their own GTC, these are not applicable to the contractual relationship.
The contract comes into effect upon acceptance of the order, payment of the invoice, or commissioning (via email, online form, verbally, or in writing). The first date of these options is considered the start date. Digital Passion reserves the right to decline an order without stating reasons. Primary communication takes place via email. The client is obligated to report changes of address within 10 days. If contact details are incomplete or outdated, making the client unreachable, Digital Passion is entitled to suspend the provision of services or extraordinarily terminate the contract.
If the client desires early termination, Digital Passion may agree to a dissolution against compensation. The flat-rate compensation is 50 percent of the original order volume before project start, 85 percent in the first month after project start, and 100 percent thereafter. If changes to the GTC lead to a massive disadvantage for the client, they have an extraordinary right of termination with proportional reimbursement. In the event of serious violations of these GTC, Digital Passion reserves the right to immediate dissolution without compensation and legal action.
Changes to the GTC take effect immediately and apply to ongoing contracts upon their renewal. Should a provision be invalid, it will be replaced by a regulation that comes closest to the economic purpose. Exclusively Swiss law applies. The exclusive place of jurisdiction is the domicile of Digital Passion GmbH.
The agreed prices apply in Swiss Francs exclusive of value-added tax. Without an explicit agreement, an hourly rate of CHF 250.00 applies. Any granted discounts are exclusively valid upon timely payment. Necessary expenses will be invoiced separately. For third-party services (hosting, advertising, domain names), their respective guidelines apply. If fees are charged here that are not included in the offer, the client bears these alone. If the client exceeds included limits (traffic, number of profiles or pages), the additional volume will be invoiced.
One-time items are due directly with the order confirmation. Recurring costs and subscriptions are reliably invoiced in advance at the beginning of the period. Unless otherwise agreed, existing clients with consistently punctual payments have 14 days net from the invoice date. New clients have 7 days. Digital Passion may request advance payments.
If the client does not pay on time, they fall into default without a reminder. The offsetting of claims by the client is excluded. Reminders are sent in a 10-day rhythm before further steps are taken. Digital Passion is entitled to charge reminder fees and default interest of 15 percent of the outstanding amount. In the event of default, all services and accounts can be suspended without further notice. Digital Passion reserves the right to hand over the matter to a third party for collection. A reactivation of services only occurs after full payment plus a processing fee of CHF 250.00.
Digital Passion is responsible for providing the services according to the offer description and is free to choose auxiliary persons. To guarantee response times, we structure the collaboration primarily via the Strategy Cockpit. Work outside the service catalog (such as email support for external systems, editing of third-party servers) is billed on a time and material basis. The pure processing fee for domain transactions is at least CHF 20.00.
To secure extremely high delivery quality in agile sprints, Digital Passion reserves the right to split extensive task packages together with the AI into logical, deliverable sub-tasks. Specified delivery dates correspond to the planning status and are non-binding. In the event of non-compliance, a reasonable grace period must be set. We assume no responsibility for delays caused by client changes.
The copyrights to all created works belong to Digital Passion. If images or fonts from third parties are acquired on behalf of the client, these may not be passed on. All services remain the property of Digital Passion until full payment is made. We may keep a reasonable number of samples, publish client logos and project data, and place a reciprocal link to us on client websites. Upon explicit written request, this can be omitted.
Digital Passion is liable under Swiss law only for intent and gross negligence. Liability for intangible damages, lost profit, data loss, or in cases of force majeure is expressly excluded. We make every effort for secure servers but assume no responsibility for hacked or infected systems, especially if the client has been granted admin access. The ranking in search engines depends on many factors; a guarantee of success is not given. Compatibility is not guaranteed for technologies with a market share of less than 10 percent in Switzerland and for outdated browsers. Servers are always set up with our standard settings.
The client is obligated to actively cooperate. They are solely responsible for the legal admissibility of their domain names, content, and search terms, as well as the protection of third-party rights. The right to use our services is not transferable. The client is obligated to independently back up all templates, manuscripts, and data carriers provided to Digital Passion. The client is responsible for maintaining the confidentiality of their passwords and is liable for misuse. They consent to the storage and necessary passing on of their data for contract fulfillment.
The client examines all documents and publications immediately. Through tacit confirmation, the client approves templates and ideas. Minor deviations in image processing cannot be objected to. Revisions at the client’s request are associated with corresponding costs. Complaints must be made in writing immediately, at the latest within 7 days. The delivery of raw data is not intended and will be invoiced separately if applicable.
The integration of artificial intelligence is a systemic change. The client is responsible for internal change management. The operative control of all tasks takes place exclusively via the Strategy Cockpit. Communication via other channels releases us from delivery guarantees. The WhatsApp channel serves exclusively for the strategic exchange of ideas (Zero Task Policy).
We work according to the vacuum principle. Completed tasks are presented for final acceptance. A new task from the backlog only moves into active processing when the previous result has been approved. Thus, the client determines the pace of their scaling through their decisiveness.