empathy visions
Flüelastrasse 16
8048 Zurich
info@empathy-visions.com
1. Scope
These General Terms and Conditions (GTC) govern all services provided by the agency empathy visions (hereinafter referred to as the "Agency") to its clients (hereinafter referred to as the "Client"). Together with the respective order confirmation, they form the contractual basis between the Agency and the Client. By placing an order, the Client expressly acknowledges these GTC. Deviating or additional conditions of the Client shall not apply - even if they are referred to.
2. Conclusion of Contract / Order
An order is considered binding as soon as the Agency confirms it in writing (including by e-mail) or begins providing the service. Without such confirmation or service, no contractual obligation of the Agency arises.
The Client must review the order confirmation immediately. Any discrepancies must be reported in writing within three working days from the date specified in the confirmation. If no objection is raised within this period, the contract shall be deemed concluded based on the order confirmation. The Agency reserves the right to correct obvious errors.
The initial meeting / introductory call is non-binding and free of charge.
3. Retention of Title
Until full payment of all amounts owed, all delivered products, rendered services, and associated rights - including in particular copyright and usage rights - remain the property of the Agency.
The Agency is entitled to register a retention of title in the appropriate register. Until full payment, the Client undertakes to (i) store all delivered products with due care, (ii) store them separately and mark them as the property of the Agency, and (iii) keep them in proper condition and adequately insured.
Note: Rights to photographs, film, or graphic elements remain with the Agency unless otherwise agreed. More specific regulations are defined on a project basis.
4. Intellectual Property Rights
All concepts, designs, content, and other materials developed by the Agency are protected by copyright and remain - unless otherwise agreed in writing - the intellectual property of the Agency. The use, reproduction, or distribution of these works is only permitted with the express written consent of the Agency.
This also applies to ideas and creative approaches shared during pitches, presentations, or informal discussions.
5. Prices
Prices are based on the respective order confirmation. They are quoted in Swiss Francs (CHF), excluding VAT, packaging, transport, or other additional costs unless otherwise agreed. Any surcharges, such as travel costs or expenses for special requirements, will be listed separately and invoiced accordingly.
The Agency reserves the right to charge for transportation, third-party services, and additional requests based on actual effort.
6. Payment Terms
Invoices will be issued depending on the scope of the project either after full or partial delivery of services or at regular intervals (e.g. monthly). Partial services are invoiced separately.
Payments are due within 30 calendar days from the invoice date without deductions. Any bank fees shall be borne by the Client.
7. Liability
The Agency's liability is - where legally permissible - limited to gross negligence or intentional misconduct. Liability for indirect damages, loss of profit, or data loss is excluded.
The maximum liability of the Agency is limited to the value of the specific service. Free consultations are provided without warranty. The Client is responsible for independently verifying any information received or seeking professional advice from third parties if necessary.
8. Project Cancellation & Termination
Withdrawal from an order is possible free of charge up to seven calendar days before the start of the project. In case of later cancellation, 50% of the agreed fee will be invoiced.
Cancellations must be made in writing and are only valid upon receipt by the Agency. Work or preparations already carried out must be paid for in any case.
The Agency may terminate the contract at any time without affecting any existing claims.
9. Force Majeure
The Agency is not liable for failure to meet contractual obligations due to circumstances beyond its control (e.g., natural disasters, strikes, pandemics, official orders, technical failures, etc.). In such cases, the delivery period will be extended accordingly.
If an event of force majeure lasts longer than six months, either party may terminate the contract with 30 days’ written notice. Services already provided must be remunerated.
10. Data Protection
The Agency processes personal data in accordance with the applicable data protection regulations, in particular the Swiss Federal Act on Data Protection (FADP) and - if applicable - the EU General Data Protection Regulation (GDPR).
Details on data processing can be found in the current privacy policy available at www.empathy-visions.com.
11. Final Provisions
Set-off by the Client is excluded.
Claims against the Agency may not be assigned without its written consent.
Changes and additions to these GTC must be made in writing.
Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.
Swiss law shall exclusively apply.
Place of jurisdiction is the registered office of the Agency. The Agency reserves the right to assert claims at the Client’s place of residence or business.