Terms and Conditions
How we work together: services, deadlines, usage rights, payment and liability.
These Terms and Conditions govern the collaboration between Offscript Schweiz KLG and its clients. Deviating agreements apply only if they are recorded in writing.
These Terms and Conditions apply to all offers, contracts and services of Offscript Schweiz KLG, Altwiesenstrasse 346, 8051 Zurich, UID CHE-216.088.645 (hereinafter “Offscript”).
They apply exclusively to businesses, self-employed persons and organisations. The client's own terms and conditions do not apply, even if they are not expressly rejected.
The version valid at the time the contract is concluded is authoritative. We give at least 30 days' notice of any changes.
Our quotes are valid for 30 days and are non-binding until accepted. Information on the website, in particular on packages and prices, does not constitute a legally binding offer.
The contract is concluded as soon as the client accepts the quote in writing or by email, or Offscript begins performance and the client does not object.
The scope of services is set out in the quote or the chosen monthly package. Depending on the agreement, it includes concept development, video shoots, photography, editing, creator assignments, management of social media channels and performance campaigns.
The agreed number of videos refers to one calendar month. Services not used expire at the end of the month and are neither credited nor carried over, unless otherwise agreed.
Shoot days are planned together. Travel within the Canton of Zurich is included. For locations outside the canton, a flat fee per shoot day is charged, which is stated in advance in the quote.
The client provides in good time all information, access, premises and materials required to perform the services, and names a contact person with decision-making authority.
Delays caused by a lack of cooperation extend agreed deadlines accordingly and do not entitle the client to a price reduction.
Offscript may engage third parties to fulfil the contract, such as freelance creators, camera operators or editors. Offscript remains responsible towards the client.
Shoot dates are binding as soon as they have been confirmed in writing.
If Offscript has to reschedule an appointment for good cause, such as illness or equipment failure, an alternative date will be offered promptly. Any further claims are excluded.
Outdoor shoots that cannot go ahead due to the weather are rescheduled at no cost.
The client receives the finished material for approval. The price includes one round of revisions per video, covering related content changes.
Additional rounds of revisions and changes that go beyond the originally agreed scope, in particular changes of concept after the shoot, are charged by time and effort at the hourly rate applicable at the time.
If no feedback is received within ten working days of delivery, the material is deemed approved.
All prices are in Swiss francs and exclude VAT, unless otherwise stated.
Monthly packages are invoiced in advance; project work is invoiced on completion or according to the agreed payment schedule. For projects from CHF 5'000, a 50 % deposit may be required.
Invoices are payable net within 20 days. Once this period has expired, the client is in default without further reminder. Default interest of 5 % is owed in accordance with Art. 104 CO, and reminder fees of CHF 20 per reminder may also be charged.
If payment is more than 30 days overdue, Offscript may suspend ongoing work and the publication of content until payment is received.
Monthly packages have a minimum term of three months. After that, they renew automatically for one month at a time unless terminated with 30 days' notice to the end of a month.
Termination must be made in writing; email is sufficient.
Both parties reserve the right to terminate the contract extraordinarily for good cause, in particular in the event of persistent payment default or a serious breach of contract.
Once payment has been made in full, the client receives the non-exclusive right, unlimited in time and territory, to use the delivered content for its own corporate communications, in particular on social media, its own website and in advertising material.
Unless separately agreed, the following are not included: passing on or selling the material to third parties, use by affiliated companies, and editing of the material by third parties in a way that alters the character of the work.
Raw footage, project files and editing templates remain with Offscript and do not form part of the contract. They can be handed over for a separate fee.
As long as the invoice has not been paid in full, all usage rights remain with Offscript.
Offscript may use the work created for the client, as well as the client's name and logo, for reference purposes, in particular on its own website, in presentations and on social media.
The client may object to this in writing at any time. In this case, we will remove the relevant content within 30 days, insofar as technically possible.
The client warrants that it holds the rights to all materials it provides, in particular logos, images, music and texts, and indemnifies Offscript against third-party claims.
If employees, guests or customers are to be filmed, the client obtains the necessary consents. On request, Offscript can provide a template.
For music in videos, Offscript uses only licensed or royalty-free tracks. If the client wants specific music, the client is responsible for licensing it.
Offscript performs its services professionally and with due care. Defects must be notified in writing within ten working days of delivery; thereafter, the service is deemed accepted.
If a notice of defects is justified, Offscript will remedy the defect. If the remedy fails twice, the client may request an appropriate price reduction.
Offscript expressly does not guarantee any particular result. Reach, interactions, follower growth and enquiries depend on factors beyond our control, in particular the platforms' algorithms. Information on expected results is based on experience and does not constitute a guarantee.
Offscript is liable without limitation for damage caused by intent or gross negligence. In the case of slight negligence, liability is limited to the amount the client has paid for the service concerned in the last twelve months.
Liability for indirect and consequential damage is excluded, in particular for loss of profit, reputational damage and damage resulting from the blocking or deletion of social media accounts by the platform operators.
Offscript is only liable for data loss insofar as the client has ensured appropriate backups of its own data.
Both parties treat information about the other party that is not publicly known as confidential. This obligation continues after the end of the contract.
Excluded from this are use as a reference under Section 9 and disclosure to third parties engaged by Offscript who are themselves bound by confidentiality.
The processing of personal data is governed by our privacy policy and the provisions of the revised Swiss Federal Act on Data Protection (revFADP).
Events beyond the parties' control, such as orders issued by authorities, natural events, epidemics or prolonged infrastructure failures, release the parties from their obligation to perform for as long as they last. If the event lasts longer than 60 days, either party may terminate the contract without liability for compensation.
Should any provision of these Terms and Conditions be invalid, the remaining provisions shall remain valid. The invalid provision shall be replaced by a valid one that comes closest to its economic purpose.
These Terms and Conditions are governed exclusively by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction is Zurich, Switzerland.
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