Scope of Application
These Terms and Conditions apply to all services provided by Brackmedia International s.r.o. (hereinafter “Provider”) to its clients. These include, in particular—but not exclusively—services in the areas of marketing, digital communication, design, photography, video production, content creation, social media management, community management, search engine optimization (SEO), advertising, campaign management, and IT services.
Subject of Contract
The Provider renders the services agreed upon in the individual contract or offer. The type and scope of services are determined by the respective agreement. Supplementary arrangements require written form.
Contract Duration and Termination
- Unless otherwise agreed, the minimum contract term is 12 months. Subsequently, the contract may be terminated with one month’s notice to the end of the month.
- Early termination does not release the client from payment of amounts owed until the end of the minimum term.
- Terminations must be submitted in writing via email.
- Supplementary agreements or contract amendments require written form.
Prices and Payment Terms
- Prices are determined by the respective offer.
- Invoices are issued regularly, are payable within 10 days, and are subject to statutory value-added tax.
- In case of payment default, reminder fees may be charged. The Provider is entitled to withhold or suspend services until outstanding amounts are settled.
Scope of Services
- The Provider undertakes to render the agreed services diligently and in accordance with industry standards.
- Services not included or additional services will be billed separately.
- The Provider assumes no liability for services provided by third parties (e.g., hosting, platforms, printing services, software, advertising networks).
Rights and Usage
- Until full payment is received, all created works (e.g., photos, videos, graphics, texts, designs, campaign setups) remain the property of the Provider.
- Upon payment, the client receives a simple right of use for the agreed purposes. Transfer or commercial exploitation to third parties is not permitted without the Provider’s consent.
Client Obligations
- The client provides the Provider with all information, materials, and access required for contract fulfillment in a timely manner.
- The client is responsible for the legality of the content provided (texts, images, videos, data).
Liability
- The Provider is only liable in cases of intentional or grossly negligent conduct.
- No liability exists for damages caused by third parties (e.g., platform providers, hosting services, networks) or by force majeure.
- No guarantee is provided for the success of marketing and advertising measures (e.g., reach, click rates, sales).
Data Protection and Confidentiality
- The Provider undertakes to comply with applicable data protection laws (in particular GDPR).
- Client data is treated confidentially and used only for contract fulfillment.
- The client is obligated to obtain necessary consents for the processing of personal data.
Support and Communication
- Support requests may be submitted via email, WhatsApp, or through the ticket system.
- The Provider endeavors to process requests promptly, typically within 5 business days. Critical issues are handled with priority.
Notification of Defects
Defects must be reported in writing within 7 days of service delivery. If no notification is made, the service is deemed accepted.
References
The Provider is entitled to name the client in references or as an example project (including images, logos, results). Objections may be submitted in writing.
Contract Transfer
Transfer of the contract or individual rights and obligations to third parties requires the Provider’s written consent.
Dispute Resolution and Jurisdiction
- The parties undertake to initially pursue mediation or out-of-court settlement.
- The place of jurisdiction is Weinfelden, Switzerland.
- Swiss law applies, taking into account international commercial law.
Force Majeure
The Provider is not liable for service failures due to force majeure events (natural disasters, pandemics, governmental measures, platform outages, etc.).
Severability Clause
Should individual provisions of these Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a provision that comes closest to the economic purpose of the original provision. The same applies to any regulatory gaps.
Amendments to the Terms and Conditions
The Provider reserves the right to amend these Terms and Conditions at any time. Amendments will be communicated to the client and are deemed accepted if the client does not object within 30 days.
