1.1 The marketing agency, hereinafter referred to as the agency, offers services in the field of marketing, advertising, production and branding. These include all steps of planning, execution as well as success control.
1.2 The terms used in these GTC are defined as follows: Advertisers are the Agency's clients.Advertising media are the electronic advertising formats with which advertising spaces such as banner spaces, pop-ups, etc. are occupied.
1.3 The Agency offers the following services to Advertisers:
Planning of online advertising campaigns
Placement of advertising messages in the relevant environment for the desired target groups
Targeting to reduce wastage before and during the campaign period
Information and options for independent planning and editing of the advertising campaign
Reporting on users, browsers, systems, visitors, visitor behaviour, etc. and statistical analysis of this information
Organisation and implementation of photo shoots and film productions.
Creating graphic content, such as logo, visual identity, web designs, etc. Planning, implementation, control of various online measures such as Google Ads, social advertising, etc.
2 Conclusion of the Contract
2.1 Interested parties will find the necessary information on the website to select the desired services, read the GTC and print them out with the date.
2.2 By booking the services, customers confirm that they have read the GTC and agree to them. Deviations from the GTC must be agreed in writing between the Agency and the Client.
2.3 The contract shall be concluded after the agency has sent the client an order confirmation listing the desired services by e-mail or via the dashboard on zealy.ch. All clients undertake to identify themselves correctly when registering and to fill in all details truthfully. If a client violates this clause and damage occurs, he/she is liable for it. The Agency shall only be liable for damages due to false information if the damages occur as a result of negligence or intent on the part of the Agency.
3 Fulfilment of the Order
3.1 After the contract comes into force, the Agency shall fulfil the services requested by the Advertiser as far as agreed and possible. The Advertiser shall immediately provide the Agency with the necessary inputs for the booked services.
4.1 The Agency shall charge either fixed prices or hourly rates for its services.
4.2 The agency reserves the right to change prices without giving reasons and to charge fees for services that were previously free of charge.
4.3 In the event of delayed payment, the defaulting Advertiser shall bear the costs of reminders or collection and any further damage. The agency may stop an ongoing project until the outstanding amounts have been paid.
4.4 Offsetting against claims against the Agency is only possible with express written consent.
5 Rights and Obligations of the Contracting Parties
5.1 Advertisers may not pass on passwords and codes to third parties.
5.2 Advertisers have the right to mark the advertising material as advertising by suitable measures and to distinguish it from the editorial section.
5.3 Information exchanged within the framework of the cooperation shall in principle be considered confidential for all contracting parties as well as their employees, namely all information about the system used, the service associated with it as well as the know-how. The confidential information may not be disclosed to third parties. This obligation shall also apply after termination of the contract as long as a party has an interest in maintaining confidentiality. The confidentiality obligation does not apply to information that is already known or published at the time of the exchange of information. Confidential documents and data carriers, including all copies made thereof, shall be surrendered upon request. Retention rights shall not be asserted in respect of confidential documents and data carriers.
5.4 The Agency expressly guarantees compliance with the regulations on data protection. It shall ensure security in accordance with the current technical state of the art. Advertisers also have this obligation.
6 Warranty and Liability
6.1 The Agency assumes no liability whatsoever for the transmission of data, advertising materials and documents made available to it by the Advertiser for implementation in the advertising spaces. It shall assume liability neither for the transport route from the Advertiser to it nor for the transfer from it to the advertising medium. Material provided to the agency for placement on advertising media will not be returned by the agency. Advertisers should keep a back-up copy for this reason.
6.2 The Agency guarantees careful execution of its services and security in accordance with the current technical standard. Advertisers and advertising media also undertake to keep their advertising or websites up to the current technical standard and to secure them accordingly against faults.
6.3 The liability of the Agency, the Advertisers and the Advertising Media is limited to damages that can be attributed to intentional breaches of contract or gross and average negligence. If such arise as a result of misconduct, the customers concerned should report defects and faults without delay.
6.4 The Agency shall not be liable for defects and malfunctions for which it is not responsible, in particular for security defects and operational failures of third-party companies with which it cooperates or on which it is dependent. Nor can the Advertisers and Advertisers be held liable in such cases on the basis of a contract with the Agency.
6.5 The Agency is not liable for force majeure, improper action and disregard of risks on the part of the Advertisers, the Advertisers, their customers or third parties, excessive use, unsuitable operating equipment, extreme environmental influences or disruptions by third parties (viruses, worms, etc.) that happen despite the necessary current security precautions. The advertisers and advertisers cannot be held liable in such cases either on the basis of a contract with the agency.
6.6 As a matter of principle, the Agency rejects all liability for damages incurred by Advertisers and Advertisers due to breaches of duty pursuant to clause 5 by contractual partners of the Agency. Exception: Should such damages arise because the Agency has negligently or intentionally failed to prevent the misconduct of its clients, the Agency shall be liable for direct damages to the contractual partners concerned. In this context, liability for consequential damage shall be excluded as far as possible.
6.7 The Agency shall inform the Contractual Partners and their customers on its website about data protection and other risks as well as security precautions which they must observe.
7 Amendment of the GTC
7.1 The Agency reserves the right to change prices, services and these GTC at any time. Information on such changes shall be published on the Website as soon as possible.
7.2 If the GTC are amended, this shall not apply to contracts already concluded and ongoing campaigns.
8 Extraordinary Termination of the Contract
8.1 Extraordinary termination is possible without notice in the following cases:
Bankruptcy or obvious insolvency of the Advertiser.
Delay in payment by the Advertiser, after the Agency has sent the defaulting Advertiser at least one reminder and granted him a period of grace of 30 days.
Cessation of the Advertiser's business activities.8.2 In such cases, any amounts prepaid and not yet claimed for the campaign and other services will be refunded.
8.3 The contract will be terminated immediately in the event of serious breaches of contract in accordance with clause 5. In the event of minor breaches of contract by the Publisher, the contract will only be terminated if the party concerned has not changed its behaviour after a reminder. In these cases no refunds shall be made. On the other hand, the Agency and its affected clients shall be entitled to compensation for damages.
8.4 Even after the termination of the contract with the Agency, the contracts between Advertiser and Advertiser shall continue to exist. It is the responsibility of the parties concerned to dissolve these for breach of duty.
9 Final Provisions
9.1 Swiss law, namely the provisions of the Swiss Code of Obligations, will be applied to this contract.
9.2 The parties shall endeavour to settle any difficulties arising from the performance of this contract amicably. Should this not be possible, a mediator shall be engaged. The costs of the mediator's advice shall be borne equally by all parties involved.
9.3 Should certain points not be regulated or individual provisions of these terms and conditions be invalid, the contract shall nevertheless remain in force. The unregulated or ineffective points shall be replaced by an agreement which complies with the law and comes as close as possible to the will of both parties.
9.4 The place of jurisdiction shall be the registered office of the Agency.