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GTC

Applicability of the General Terms and Conditions

The following General Terms and Conditions (GTC) govern the cooperation between the advertising agency Rocket GmbH (hereinafter referred to as Rocket) and its clients (hereinafter referred to as the Client). This version of the GTC replaces all previous versions.

Unless otherwise agreed in writing between the parties, Rocket's General Terms and Conditions shall apply as an integral part of every order placed by the client.

Rocket services

Rocket provides services in the areas of consulting, communication, design and marketing. The exact services to be provided result from the work mentioned in the offer.

Rocket undertakes to carry out the tasks assigned by the client carefully and conscientiously. Orders are carried out to the best of our knowledge and belief and in the interests of the client.

Rocket is entitled to involve third parties, such as subcontractors and freelancers, to fulfill the order. In this context, Rocket reserves the right to pass on information to third parties, namely freelancers and subcontractors, as long as it serves the fulfillment of the defined service.

Service provision

If the client does not give the "good for execution" or feedback within the agreed period, Rocket shall not be bound by the agreed deadlines. Failure to meet the delivery dates does not entitle the client to withdraw from the contract or to claim damages.

Events of force majeure that hinder Rocket in its work entitle Rocket to postpone the project received from the client by a reasonable period of time.
Rocket has company vacations between December 24 and January 3 of each year.

Complaints / notification of defects

The services provided and work delivered by Rocket must be inspected immediately upon receipt. Complaints must be made by the client in writing to Rocket immediately upon receipt, at the latest after 5 days. If this is not done, the services rendered and work delivered shall be deemed to have been accepted. In the event of justified complaints, Rocket shall ensure rectification within a reasonable period of time.

Offers

Quotations are prepared on the basis of the information provided. If the information provided is incomplete or inaccurate, the prices quoted in the offer are to be understood as indicative prices.

The work offered always includes an author's correction (a correction loop by the client). Further author's corrections and additional services not offered will be charged at cost.

Unless otherwise stated, offers are valid for 90 days.

Placing an order

An order can only be placed in writing and assumes that these General Terms and Conditions have been read and accepted in full.

External third-party costs

External third-party costs, such as for printing, production of communication materials or media switching costs, are ordered and invoiced in the name of the client.
Quotes obtained by Rocket for external third-party costs are forwarded to the client or listed in a concept or media plan, for example. Rocket assumes no liability for price adjustments made by the external quote providers or for incorrectly accepted or incorrectly calculated prices by Rocket.
If agreed, invoices from third parties will be checked by Rocket and then forwarded to the client for payment. Rocket accepts no liability for incorrect invoices from third parties.

Warranty (rights of third parties)

Data and content such as texts, images and films supplied to Rocket by the client must not infringe any copyrights or other rights of third parties. The customer shall be liable for any damages in this respect. Should Rocket nevertheless be held liable for infringement of property rights, the customer shall indemnify Rocket in full.

Provided material

The client is responsible for ensuring that the data supplied is complete and correct. Rocket accepts no liability for incorrect or incomplete data supplied by the client. If the correction is carried out by Rocket, it will be charged at cost.
The customer must have backup copies or duplicates of data supplied to Rocket on CDs or other storage media. Rocket is not liable for data material, samples and other tangible and intangible goods sent to it. Data carriers contaminated with viruses will not be processed.

Good for execution

The client is obliged to check the control document sent to him by Rocket or a third-party provider commissioned by Rocket for errors. If no corrections are necessary, the client shall issue the goods for execution, which must be done in writing.
No liability is assumed for defects or change requests to the goods for execution that have not been communicated. This shall also apply if the client does not return the goods for execution in good time, resulting in delays.

Execution

The order shall be executed after the client has confirmed that it is ready for execution. Rocket accepts no liability for errors that are overlooked by the client. In addition, Rocket expressly reserves the right to deviations in design and material that are customary in the industry.

Shipping

Shipments are sent by normal A Mail at the customer's expense and risk. At the express request of the customer, shipments will be sent by express, registered mail or courier service. Rocket accepts no liability for delays or damage resulting from shipping.

Storage

Rocket is not obliged to store client data or documents without an explicit written agreement. The client must inform Rocket in writing which data and documents must be returned by the end of the order at the latest.

Terms of payment

Rocket always charges according to the quotation provided. The prices quoted are net prices plus VAT, unless otherwise agreed between the parties. Unless otherwise agreed, 50% of the total amount quoted is due when the order is placed. If the provision of services extends over a period of more than one month, Rocket is entitled to issue monthly partial invoices.

If the services offered are exceeded, Rocket shall inform the client in good time. The additional expenditure will be invoiced at cost. If no quotation is available, invoicing shall be based on actual expenditure.
If projects or work are discontinued, the services provided up to the point of discontinuation shall be invoiced.

Rocket GmbH's invoices must be paid within the payment period of 30 days. Deductions of any kind by the client are only permitted if this has been agreed in writing between the parties. After expiry of the payment period, default interest of 7% and a reminder fee of CHF 25.00 shall be owed.

Advisory and mediation commissions

Consultancy and agency commissions specifically granted to agencies shall always go to Rocket. Full or partial disclosure to the client is always voluntary and only if explicitly agreed in writing.

The copyrights to all works created by Rocket (e.g. concepts, sketches, drafts, themes/templates, source code, etc.) belong to Rocket. The client is not authorized to make changes to the created works without the consent of Rocket. In addition, the provisions of the Federal Act on Copyright and Related Rights of October 9, 1992 apply.

Rights of use

Upon full payment of the agreed fee, the client shall receive the agreed rights of use to the final result. Unless otherwise agreed in writing, only the agreed end result of the work is owed. Drafts, idea sketches, scribbles, source code, themes/templates and other proposals remain the property of Rocket.

Rocket does not accept any free advance services. If free preliminary services are expressly agreed, these remain the full material and intellectual property of Rocket.

Contractual penalty

If the client illegally uses Rocket's intellectual property in the form of an infringement of copyrights or the agreed rights of use, the client shall owe a contractual penalty of CHF 50,000. Payment of the contractual penalty shall not release the client from its obligations to cease and desist. Rocket reserves the right to assert further claims for damages.

References

Rocket reserves the right to retain records of all work produced and/or to use the work in electronic form as references on the website. The client expressly agrees to this reference use and mention of his name/logo.

Severability clause

Should a provision of these GTC be or become invalid or should the provisions not contain a necessary provision, the validity of the remaining provisions shall not be affected.
In place of the invalid provision or to fill the loophole, a legally permissible provision shall be deemed to have been agreed which corresponds as far as possible to what the contracting parties intended or would have intended according to the meaning and purpose of these contractual provisions if they had recognized the invalidity of the provision in question or the loophole.

Applicable law and place of jurisdiction

The relationship between the client and Rocket is subject to substantive Swiss law. The exclusive place of jurisdiction is Lucerne. Deviating mandatory jurisdictions under federal law are reserved.

Lucerne, May 03, 2024