This is a convenience translation. The German version is legally binding.

General Terms & Conditions

These terms set out the legal framework for working with emanuel weber gmbh. They are accepted upon acceptance of an offer. The contracting party is emanuel weber gmbh.

Terms of contract

These General Terms & Conditions ("Terms") govern the relationship between the client and emanuel weber gmbh. They form an integral part of every assignment. Deviations from the following terms require written form.

Services and fees

Within a commissioned project, emanuel weber gmbh provides services in the field of visual communication, marketing and digital presence. The scope of services follows from the written offer or order confirmation. Deviations from these Terms require written form.

Our services may include, in particular:

  • Photography and video production (e.g. event photography and video, hotel and tourism photography/video, corporate photo and film, brand films, recruiting videos, social media content)
  • Concept, consulting and implementation in the field of communication and marketing
  • Branding, design and content creation
  • Web design, web development and maintenance of websites (e.g. in Webflow)
  • Social media: strategy, content and management
  • Freelance services and project work in the fields listed above

Not every service is part of every assignment. Only the services, deliverables, formats, dates and deadlines described in the offer or order confirmation are binding.

emanuel weber gmbh undertakes to carry out the assigned tasks with care and diligence.

Our fee is calculated either as a fixed price or based on time spent at the agreed hourly rates. Billing is generally based on actual hours worked at the agreed hourly rates. A minimum charge of one full hour per assignment or individual order applies. Shorter amounts of work (e.g. 20 minutes) are therefore billed as one hour.

The inquiry and an initial conversation for a non-binding offer are free of charge. All further services are chargeable. Once a proposal, concept or option has been selected by the client, the agreed costs are invoiced. The rights of use to presented proposals, and parts thereof, remain with emanuel weber gmbh until the agreed fee has been paid in full. All prices stated are exclusive of statutory VAT unless expressly stated otherwise.

Travel costs and expenses

Unless otherwise agreed, meal expenses while travelling are billed as a flat rate as follows:

  • Within Switzerland: CHF 15.00 per breakfast, CHF 27.50 per lunch/dinner
  • Abroad: CHF 20.00 per breakfast, CHF 35.00 per lunch/dinner

If the actual, receipted meal costs exceed the respective flat rate, the actual costs are charged against receipts.

Additional travel costs are charged at cost as follows:

  • Public transport: 1st class with half-fare card (within Switzerland); abroad, the actual cost of the booked class
  • Car: CHF 1.00 per kilometre
  • Travel time: from 1 hour (60 minutes) of travel time each way, travel time is billed at CHF 90.00 per hour, rounded to full 15-minute increments
  • Flights, visas and other country-specific travel costs (e.g. travel insurance) are charged at cost

Payment terms

Unless otherwise agreed, invoices from emanuel weber gmbh are payable within 30 days. For larger projects, an appropriate partial payment may be invoiced.

Intellectual property, copyright, rights of use

Unless otherwise agreed in writing, concepts, drafts, designs, texts, images, sounds, graphic work, web work, photos, films, trademarks and other materials are transferred by emanuel weber gmbh to the client only for the contractually agreed use. All other rights to the work remain with emanuel weber gmbh.

This applies to all work created as part of the assignment, including photos, films, videos, graphics, texts, concepts, websites and other deliverables.

Once payment has been made in full, the client is entitled to use the services we created for the purposes defined in the project. Any further use beyond this agreement requires our written consent and is subject to additional compensation. emanuel weber gmbh grants no rights whatsoever to unfinished work.

In the event of unauthorized use or infringement of our intellectual property rights, the client owes us a contractual penalty of at least CHF 10,000 per infringement. We reserve the right to assert further claims for damages. Payment of the contractual penalty does not lift the prohibition on unlawful use.

Personal rights and permits

The client is responsible for ensuring that persons depicted (e.g. event guests, employees, models) have consented to being recorded and to the agreed use, or that the corresponding consents are in place. emanuel weber gmbh is not liable for missing third-party consents or for any related claims against the client.

For recordings at locations that require official permits (e.g. drone footage, recordings on private or specially protected land), the client is responsible for obtaining the necessary permits, unless expressly agreed otherwise.

Delivery deadlines and revisions

Edited images/videos are generally delivered within the period stated in the offer following the shoot date. Without an express, written date agreement, delivery deadlines are to be considered approximate and non-binding.

One round of revisions is included in the agreed fee. Further change requests are billed separately based on time spent at the agreed hourly rate.

Retention of documents

After a project has been completed, emanuel weber gmbh assumes no responsibility for retaining project documents, and the client agrees that emanuel weber gmbh may delete these documents without further notice. Handing over the requested documents to the client does not constitute a transfer of rights of use.

emanuel weber gmbh accepts no liability for possible errors in the further processing of websites or other services created by emanuel weber gmbh that were caused by the client's own fault.

Commission

The client permits us to benefit from commissions paid by service providers when placing orders with third parties, and waives any claim to have such commissions passed on.

Reduction or cancellation of the assignment

If an assignment already placed is reduced or cancelled, emanuel weber gmbh is entitled to bill for work already performed based on time spent, as well as expenses and advance payments to third parties. In addition, emanuel weber gmbh has the right to use work already performed elsewhere in the event of cancellation of the assignment. The rights of use remain entirely with emanuel weber gmbh.

Self-promotion

emanuel weber gmbh reserves the right to use all work created as part of the assignment for promotional purposes in all media, and to present it in relation to the client.

Complaints

Complaints regarding services rendered and/or products delivered by us must be addressed to us in writing immediately upon receipt. We accept no responsibility for complaints regarding services of third parties that we brokered. In such cases, we will try to act as a mediator for a fair resolution between the client and the third party, but cannot accept liability for any resulting damage.

Cancellation

A reserved date is binding. Cancellation must be made in writing. Depending on when the cancellation is made, a cancellation fee becomes due according to the following scale:

  • Up to 21 calendar days before the date: no charge
  • 20–14 calendar days before the date: 30% of the agreed fee
  • 13–7 calendar days before the date: 60% of the agreed fee
  • Less than 7 calendar days or no-show: 100%

Expenses already incurred (e.g. location rental, travel costs, third-party bookings such as hair & makeup artists or models) are charged in full regardless of the cancellation date. Rescheduling is only possible by written agreement. If a date is cancelled without a new date being set, the cancellation terms above apply.

Even in the event of a cancellation within the free-of-charge period (up to 21 calendar days before the date), a processing fee of at least CHF 150.– is charged to cover the planning and administrative work already incurred. For more extensive preparatory work (e.g. concept development, location scouting, coordination with third-party providers), the actual time spent is billed at the agreed hourly rate where this exceeds the minimum flat fee.

If an on-location date falls through due to force majeure (e.g. extreme weather conditions, accident, illness), a replacement date is arranged. Costs and expenses already incurred are charged; a cancellation fee under the scale above does not apply in this case.

Liability

Liability of emanuel weber gmbh for its own actions is excluded to the extent permitted by law. emanuel weber gmbh accepts no liability for defects arising from deliveries and services of third parties engaged. In particular, emanuel weber gmbh is not liable for any specific effect of the products or for loss of profit.

emanuel weber gmbh is entitled to engage suitable third parties (e.g. freelancers, subcontractors or specialized service providers) to fulfil the assignment. The selection and coordination of these third parties is the responsibility of emanuel weber gmbh. The client agrees that parts of the assignment may be performed wholly or partly by such third parties.

emanuel weber gmbh does not guarantee that any performance or other targets of the client will be achieved, and makes no statements or promises regarding measurable goals as part of the contract.

If a service cannot be provided, or cannot be provided on time, by emanuel weber gmbh due to information and/or materials not being delivered on time by the client, or due to the client being unreachable, the client bears any resulting damage or loss of profit themselves. Any resulting additional effort on the part of emanuel weber gmbh is billed to the client in addition to the agreed costs.

emanuel weber gmbh accepts no liability for data loss suffered by the client or for unauthorized access by third parties to users' personal data. emanuel weber gmbh is likewise not liable for any misuse of information and data that the client has provided to third parties. emanuel weber gmbh is not liable for any content or activities of clients. emanuel weber gmbh accepts no liability for loss of revenue or other damage resulting from a malfunction or unavailability of a website, unless expressly agreed otherwise in writing. The client is responsible for the operation, hosting, maintenance and updates of a website, unless this is expressly included in the assignment.

Duty to cooperate

The client is obliged to actively and promptly participate in the completion of the project (e.g. by providing information, feedback, approvals). Delays caused by the client's insufficient cooperation are not the responsibility of emanuel weber gmbh.

Applicable law and place of jurisdiction

These Terms are governed exclusively by Swiss law. The place of jurisdiction is the registered office of emanuel weber gmbh: Unterbiel 4, 4418 Reigoldswil, Switzerland.

Final provisions

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. In such a case, the parties undertake to replace the invalid provision with a valid arrangement that comes as close as possible to the economic purpose of the original provision.

Changes

emanuel weber gmbh reserves the right to amend these General Terms & Conditions at any time.

Contact

emanuel weber gmbh

Unterbiel 4

4418 Reigoldswil, Switzerland

contact (at) emanuelweber.com

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