Terms & Conditions
1. Terms of contract
The following terms and conditions govern the relationship between the client and Bexolutions GmbH (hereinafter referred to as AGENCY).
They are considered an integral part of an order.
2. Written form
Deviations from the following conditions must be made in writing.
3. Services of the agency
Within its work of an order, the agency provides services (digital and physical) in the areas of marketing, project organization, communication and others.
For further services, e.g. in the areas of text, music and photography, Bexolutions GmbH works according to the guidelines of the relevant professional associations.
The copyright of all works created by the agency belongs to the agency (in general we are talking about realized projects, sketches, concepts among others).
The Agency may exercise these rights in accordance with the provisions of the Federal Law on Copyright and Related Rights of October 9, 1992 (as of January 1, 2022).
It follows, among other things, that the Client is not entitled to make changes to the works in question without the understanding of Bexolutions.
The Agency is entitled to designate its authorship of the works created by it in a form to be determined by it.
5. Scope of use and rights of use
The scope of use of the works created by Bexolutions results from the purpose of the contract concluded with the client.
The agreed rights of use are transferred to the client only after the complete payment of the fee.
The created works of the agency must be used exclusively within the scope of the agreed order.
Unless otherwise agreed, this right of use is unlimited in time and excludes any use outside the purpose of the contract as well as the release of raw data.
For any use outside the purpose of the contract, the Client must inform Bexolutions and compensate Bexolutions accordingly for the additional use.
6. Business secrecy and duty of loyalty
Bexolutions undertakes to perform the tasks assigned to it carefully and responsibly.
The agency commits itself to keep the acquired information confidential.
7. Programming and Software
The copyrights remain, with the programming of websites and/or screen designs used software (e.g. WordPress), with the creator.
If Bexolutions programs software solutions itself, the rights remain with the agency.
The deadlines for support and maintenance work will be specially agreed with the client.
Bexolutions can assume that in case of adaptations of works of third parties (e.g. electronic data, music, samples, photo), the authorization of such uses exists and the rights of third parties are not violated.
9. External Subcontracting
Third party works, which the Agency needs for its work to realize the contract, will be at the expense of the Client. The Client approves the costs in any case.
10. Preservation of documents
The storage of the order documents, data, etc. has a duration of five years after completion and delivery to the Agency’s place of business.
The Client may provide otherwise in writing.
11. Competitive presentation and competition
Bexolutions takes part in:
– Competitive presentation, which has written and identical conditions for all participants.
– Judged competition, according to the rules of the relevant professional associations.
12. Individual events
Compensation is agreed upon before the start of work.
The following fee regulations are valid for all contracts.
13. Preliminary discussion of the order
The preparation of an estimate and the first project meeting are free of charge.
14. Fee calculation and indicative offer
The agency’s fee is based on the time spent and the individual hourly rate. Necessary additional expenses will be announced to the client in time and are to be shown separately in the invoice. Bexolutions will provide a written estimate for extensive projects.
15. Discount of the order
Bexolutions has the right, if there is a discount on:
Offsetting of expenses and advance services provided by third parties,
Settlement of the work done so far (pro rata temporis),
Compensation of all resulting damages.
16. Cancellation of the order
In case of cancellation of the order, BEXOLUTION has the similar rights. More the agency has the right to use its performed work otherwise and the rights of use remain with the Bexolutions .
Bexolutions will invoice on the basis of the indicative quotation. If there is no indicative quote, the client will receive a detailed invoice according to the work report.
18. Payment terms
The services will be invoiced by the agency.
The invoice must be paid within 14 days.
In the case of large projects, an appropriate partial payment may be invoiced.
19. Agency commissions and consultant commissions
These commissions are generally received by the agency.
These are then passed on to the client and invoiced in full before the agency.
20. Disputes with the fee
The Arbitration Court shall be at the disposal of both the Client and the Agency. The arbitration court shall be formed by one representative of each of the parties and one other person chosen jointly.
21. Applicable law
The relations between the parties to the contract shall be governed by Swiss law.
The provisions of the Swiss Code of Obligations in Art. 394ff on the simple contract shall apply.
22. Place of jurisdiction
The place of jurisdiction is at the registered office of Bexolutions GmbH in Zurich.
The processing of your personal data is carried out exclusively on the basis of a justification set out in Art 6 para 1 GDPR, primarily for the purpose of providing the contractually assured services (e.g. processing of inquiries, processing of a contractual relationship, etc.) and for the purpose of fulfilling various legal obligations, as well as in individual cases on the basis of our legitimate interests (Art 6 para 1 lit f GDPR). The data is also processed on the basis of individual storage and documentation obligations, which arise in particular from the UGB, the BAO and other statutory provisions. Within our website, only those customers are granted access to the personal data provided to us who require it within the scope of the aforementioned purposes. We process and store the personal data provided only as long as this is necessary for the fulfillment of the aforementioned purposes. After the purpose has been achieved, as well as after the expiration of legal retention obligations, this data will be deleted.
Furthermore, personal data may also be transferred to order processors (suppliers, etc.) used by us if they comply with the data protection requirements specified by us in writing and undertake to maintain confidentiality vis-à-vis us. For this purpose, an order processing agreement is concluded with the service providers used in accordance with Art 28 GDPR. A data transfer to countries outside the EU or the EEA (so-called third countries) will only take place if this is necessary for the performance of the contract. Under no circumstances will your data be passed on for advertising purposes or similar.
To the extent that we act as a data controller, we will comply with the information obligations pursuant to Articles 13 and 14 of the GDPR.
In the event of a personal data breach (data breach), the contracting party that caused or is responsible for this data protection incident will make the decision on any notification to the data subject and/ or the data protection authority. For the deletions of personal data, both you and we are each responsible for their own area of responsibility.
Inasmuch as we are the responsible party vis-à-vis you, you are entitled to the following data subject rights vis-à-vis us, provided that these do not violate statutory provisions: The right to information as to whether and, if so, which personal data are being processed; the right to receive copies of the personal data stored; the right to correct, supplement or delete the personal data; the right to restrict the processing of the personal data; the right to transfer the personal data; under certain conditions, the right to object to the processing of the personal data; the right to withdraw the consent given at any time, without this affecting the lawfulness of the processing carried out as a result of the consent until the possible withdrawal of consent; the right to lodge a complaint with the competent data authority (Swiss Data Protection Authority); the right to be informed about the identity of third parties to whom the personal data are transferred.
No data protection officer has been appointed, as there is no legal necessity to do so.
Web Analytics / Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). We have concluded a corresponding contract with the provider for commissioned data processing. The relationship with the web analytics provider is based on the adequacy decision of the European Commission (“Privacy Shield”). The data processing is based on the legal provisions of § 96 para 3 TKG as well as Art 6 para 1 lit a (consent) and f (legitimate interest) of the GDPR.
This website uses Google Analytics with the extension “_anonymizeIp()”, whereby IP addresses are only processed in abbreviated form in order to exclude direct personal reference. For more information, please click http://www.google.com/privacy/privacy-policy.html
You are generally entitled to the rights of access, rectification, erasure, restriction, data portability, revocation and objection. If you believe that the processing of your data violates data protection law or your data protection rights have otherwise been violated in some way, you can complain to the supervisory authority. In Switzerland, this is the data protection authority.
To have your data removed you can write freeform per Email to Bexolutions GmbH using any public available email address.