General Terms and Conditions of Doza Marketing GmbH
Validity: from January 2024
Art. 1 Scope of application and form
For all contracts concluded between Doza Marketing GmbH and its clients, the following General Terms and Conditions (GTC) apply exclusively, unless expressly agreed otherwise in writing. Changes or additions to these GTC therefore require the written form in any case. Deviating terms and conditions of the client only come into effect if and insofar as they have been recognised in writing by Doza Marketing GmbH.
Art. 2 Subject matter and scope of services
Doza Marketing GmbH offers its customers services in marketing and business consulting.
Art. 3 Services and order placement
Every business relationship between Doza Marketing GmbH and its clients is regulated by the order confirmation, in which the scope of services and the remuneration are set out. The nature of the services and works in detail results from the concepts, offers, proposals for measures or individual orders developed by Doza Marketing GmbH.
The written offers prepared by Doza Marketing GmbH are generally binding (cf. Art. 3 and 4 of the Swiss Code of Obligations), unless the wording indicates otherwise. The client confirms binding offers in written form (email), whereby the corresponding contract is deemed to have been concluded, provided that this acceptance takes place within the set acceptance period. The client shall receive an order confirmation by e-mail after receipt of the order. This order confirmation shall be decisive for the delivery date, unless the contract itself contains an individual provision to this effect.Any updates and amendments to offers and orders shall be specified in writing by both parties and shall form part of the contractual relationship as an additional agreement.
Any additional expenditure incurred due to changes, additions or extensions to the order initiated or requested by the client shall be invoiced as an additional service according to the agreed hourly rate.
In accordance with these General Terms and Conditions, Doza Marketing GmbH is entitled, at its own discretion, to call in additional external service providers or external contractors for the contractual fulfilment of the order or contract for work. Such third parties have the legal qualifications of vicarious agents (Art. 101 OR).
Art. 4 Remuneration and external costs
Doza Marketing GmbH invoices its services on the basis of the agreed marketing and consulting services, unless expressly agreed otherwise in individual cases.
Detailed cost estimates are binding. They may be exceeded by a maximum of 10%. Doza Marketing GmbH will inform the client in good time if a cost overrun above this tolerance limit is to be expected. In such a case, the client would be entitled to withdraw from the contract with compensation for the work already carried out by Doza Marketing GmbH and listed in detail at an hourly rate of CHF 250.
Third-party costs for the use of printers, online advertising, etc. shall be passed on to the client unless the client bears these costs directly; ancillary costs such as expenses for telephone, postage, copies or business travel, etc. shall be paid separately against proof, if and insofar as no other agreement has been expressly made.
Art. 5 Payment and due date
Doza Marekting GmbH will show the statutory value added tax separately in the cost estimates and the invoices issued.
If work services are provided by Doza Marketing GmbH, the claim for payment arises upon handover of the completed work.
In the contractual relationship Doza Marketing GmbH invoices monthly in advance. Services provided by Doza Marketing GmbH which are not expressly stated in the contract as agreed in the price are ancillary services which are invoiced separately.
Payments are due fourteen days after the invoice date.
The consequences of late payment are governed by the provisions of the Swiss Code of Obligations (Art. 102 - 109 OR).
Art. 6 Delivery times and dates
The specification of delivery times and dates are non-binding for Doza Marketing GmbH. A delivery period begins at the earliest with the order confirmation from iqual, but never before all technical details have been clarified. If no specific delivery date is expressly agreed in writing, Doza Marketing GmbH shall deliver after consultation with the customer.
Operational disruptions, in particular non-delivery or delayed delivery by contractual partners of Doza Marketing GmbH and events of force majeure entitle Doza Marketing GmbH to extend any agreed delivery deadlines and/or cancellation of the delivery obligation to the exclusion of claims for damages by the client.
Art. 7 Duty of confidentiality
Doza Marketing GmbH and the client are obliged to maintain the confidentiality of all facts which have come to their attention in the course of or in connection with the performance of the subcontract and which are not generally available to the public. This obligation shall continue for the duration of the subcontract and, if there is a legitimate interest, also after its termination.
Art. 8 Obligation of the client to co-operate
Insofar as Doza Marketing GmbH requires documents, data or other information from the client in order to be able to fulfil its contractual obligations, it will request these in good time. The client undertakes to immediately forward to the agent all information and materials at its disposal which are necessary for the contractual fulfilment of the tasks or in the broadest sense for the achievement of the purpose of the contract.
Art. 9 Limitation of liability
Doza Marketing GmbH submits prepared templates (concepts, action plans, other texts, images, etc.) to the client in draft form for approval. The client must check the factual details. If the client approves the template, he assumes sole liability for the correctness of the information. liability for the defective creation of a work is generally based on the corresponding provisions of the law on contracts for work and services (in particular Art. 368 OR).liability for breaches of duty (in particular duties of care, but also duties of loyalty) in contract law is generally based on the corresponding provisions of contract law (in particular Art. 398 OR).
The liability for damages is limited, irrespective of the type of contract and irrespective of the legal basis of the claim for damages, to cases of gross negligence and intentional damage; Doza Marketing GmbH is not liable for the consequences of slight and medium negligence; the regulation of paragraph 4 extends to damages in addition to performance, damages instead of performance (cases of so-called positive interest) and the claim for compensation due to futile expenses (cases of so-called negative interest), regardless of the legal basis, including liability due to defects, delay or impossibility.
Art. 10 Copyright
All published content not created for a customer (website, documents, advertising campaigns, social media content, etc.) is the intellectual property of Doza Marketing GmbH.
Doza Marketing GmbH expressly prohibits the publication, reproduction, translation or resale of Doza Marketing GmbH documents.
All content created for customers belongs to the customer, provided that the service has been paid for and nothing else has been agreed in writing.
Art. 11 Notice of defects
Complaints about the quantity and/or quality of a service or delivery provided by YouSelect, insofar as it concerns obvious defects, are to be reported to Doza Marketing GmbH in writing immediately, at the latest within one week after receipt of the delivery.
In the case of hidden defects, the written complaint must be made immediately after the defect is discovered. The statutory limitation periods remain unaffected.
In the event of justified complaints, the customer shall have the choice of rectification, replacement delivery or reduction. The cancellation of the contract is hereby excluded. If there is a delay in the subsequent improvement or subsequent delivery beyond a reasonable period, for which YouSelect is responsible, or if the subsequent delivery or subsequent improvement fails, the client is also entitled to withdraw from the contract.
Art. 12 Cancellation
The contracting parties may terminate this contractual relationship at any time. The contractual relationship may be terminated at the end of any month, three month in advance. Claims for damages remain reserved. At the request of the awarding authority, the contractor shall immediately discontinue its services.
Art. 13 Data protection
See privacy policy.
Art. 14 Severability clause
Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provisions.
Art. 15 Place of fulfilment
Insofar as nothing else results from the individual contractual relationship on the basis of a written agreement, the place of fulfilment is the registered office of Doza Marketing GmbH in Uster.
Art. 16 Applicable law and place of jurisdiction
The contracts concluded by Doza Marketing GmbH with its clients are subject to Swiss law and the place of jurisdiction for all disputes arising directly or indirectly between YouSelect and the client is agreed to be the court with local jurisdiction for the registered office of Doza Marketing GmbH.