Brandlift (Brandlift.ch) provides the client with a written quote regarding the work requested by the client.
However, as long as Brandlift does not have all the information necessary to prepare a complete and final quote, any information it provides—in any form whatsoever—is not binding and is merely for informational purposes only and does not constitute an offer.

The customer accepts the offer by confirming the order via return email or by signing the offer.

Any additional work beyond what was agreed upon in the acceptance of the offer (formatting or editing of documents in any form, additional work on provided data media, as well as any corrections of errors in the submitted documents, translations, or drafting of texts) will be billed separately based on a timesheet (time breakdown), in accordance with the hourly rate agreed upon in the initial offer.
Author revisions of any kind (subsequent changes to the text, illustrations, layout, etc.) are not included in the proposal. They will be billed separately based on the time required to complete them. Billing will be based on a timesheet, in accordance with the hourly rate agreed upon in the initial proposal.

"Unlimited revisions" apply only to the first order per customer and per project, or when the corresponding option has been selected in the quote calculator for the relevant service.

They apply exclusively within the scope defined by the approved quote and the initial brief.

They agree to these terms within the limits of a workload that is reasonable and proportionate to the economic value of the project as initially approved.

Once this threshold is reached, the agency reserves the right to suspend the proposed changes and, if necessary, to suggest an adjustment to the scope of work or provide a supplementary quote.

Exclusion of Abusive Revisions: “Unlimited revisions” do not cover abusive or unreasonable requests that involve a complete overhaul of the initial work, substantial changes in creative direction or content density, fall outside the scope of the initial brief, or compromise the quality of the final product.

When entering into a contract with Brandlift, the intermediary must indicate whether it is acting in a direct or indirect capacity.
In the case of direct representation, the intermediary must provide the exact and precise contact information of the principal. In this case, the Brandlift customer will be the principal, and invoices will be issued in the principal’s name. Thus, all costs and obligations arising hereunder will be borne by the principal.
In the case of indirect representation, the agent will be considered the customer. The agent may not require that the order be invoiced in the name of a third party, unless expressly agreed to by Brandlift.

Any notices or communications required under these Terms and Conditions may be validly provided by Brandlift via regular mail, email, or by uploading files to an FTP server.

Unless the client provides written instructions to the contrary, Brandlift is authorized to subcontract all or part of the work ordered by the client.

Brandlift’s compensation for the work commissioned by the client is determined in advance in the proposal and may take the following forms:

a) Lump-sum compensation;

b) Payment based on a timesheet (time tracking).
In the case of a flat-rate payment, the price set is the amount indicated in the quote.
The overtime described below is reserved.
Payment based on a timesheet (time tracking) will be based on a quote provided to the client. The hourly rate will be specified in the quote. The overtime provisions described below remain reserved.
However, the client may request a service from Brandlift without a quote, in which case billing will be based solely on a timesheet prepared by Brandlift at the agreed-upon hourly rate.
Regardless of the agreed-upon compensation (fixed fee, quote, or no quote), work not included in the initial proposal (or in the initial quote) will be subject to a new contract with Brandlift, for which payment will be made solely on the basis of a timesheet at the hourly rate specified in the initial proposal. Brandlift is not required to draw the client’s attention to the fact that work requested by the client is in addition to that specified in the initial offer.
At the client’s request, however, Brandlift will indicate whether the requested work is included in the initial offer.
In the event of a disagreement, the client must immediately notify Brandlift in writing.
In the absence of such a dispute, invoicing based on the timesheet is fully enforceable against the client at the hourly rate agreed upon in the initial offer.
Brandlift also reserves the right to charge for expenses incurred beyond its contractual obligations (see above).

The services to be provided by Brandlift are fully detailed in the proposal.
If the fixed price is exceeded, the client may be charged an additional amount not to exceed 20% of the price agreed upon in the proposal.
Depending on the type of service (website, design, etc.), Brandlift will provide the client with a step-by-step process for monitoring the project’s progress.

If billing is based on a timesheet, the procedure for monitoring the project’s progress—as provided for fixed-price services—also applies (see above).

a) With a quote:
The work performed by Brandlift for the client based on a quote, as well as its duration, is recorded on a “timesheet” (time log), which is made available to the client.
It is agreed that any excess of 20% of the working hours specified in the quote or proposal shall be chargeable to the client. Overtime will be billed to the client at the hourly rate initially agreed upon.

b) Without a quote:
Any service provided by Brandlift without a prior offer or quote will be billed based on a timesheet at the agreed-upon hourly rate.
Brandlift has the right to bill for the service provided at any time. The provisions regarding payment terms and guarantees apply.

The prices quoted by Brandlift are net prices.
Brandlift reserves the right to increase prices initially agreed upon in cases such as rising raw material costs.
Any price change based on this article must be notified in writing by Brandlift no later than the time the invoice affected by such a change is sent.

Sketches, project studies, the preparation or review of specifications, website site maps, mockups, and photographic work will be billed even if no subsequent firm order is placed. Invoicing will be based on a timesheet, in accordance with the agreed-upon hourly rate.
Copyright to such documents is the exclusive property of Brandlift (see below).

The agreed-upon price for the services provided by Brandlift must be paid, without discount, within thirty days of receipt of the invoice.
An invoice that remains uncontested within 30 days of its receipt by the customer constitutes acknowledgment of debt within the meaning of Article 82 of the Swiss Debt Enforcement and Bankruptcy Act (LP) for the principal amount stated on the invoice.

Brandlift reserves the right at any time to request advance payments and/or guarantees from the customer in connection with payment of the price, even if such advance payments and/or guarantees were not initially specified.
Any request for an advance payment and/or guarantee must be made in writing.
The requested advance payment and/or guarantee must be paid within 5 days of receipt of the relevant request.
If the requested advance payment and/or guarantee is not received, Brandlift is entitled to:

a. Either suspend the performance of its obligations to the customer until receipt of the down payment and/or the required security, without oral or written notice, in which case the delivery period shall be suspended;

b. Or to exercise the remedies provided for in Article 107 of the Swiss Code of Obligations (CO). In this regard, the parties agree that in the event of a delay in payment of the down payment and/or the requested security, Brandlift shall be entitled, in accordance with Article 108(1) of the CO, to deem that the customer has waived its obligation to perform and is thereby in breach of the contract entered into with Brandlift. Furthermore, Brandlift has the right to choose the remedies provided for in Article 107 of the Swiss Code of Obligations (CO), even if, initially, Brandlift chose to simply suspend the performance of its services.
In the latter case, Brandlift will inform the customer of its new decision.

The delivery deadline—or the deadline for going live in the case of a website—is the one agreed upon by the parties in the offer accepted by the customer.
The delivery deadline is met if the goods or documents, regardless of their format, are shipped by Brandlift within the agreed-upon timeframe.
Brandlift may send the goods by mail, email, or via files uploaded to an FTP server, unless the client provides written instructions to the contrary.
The deadline for launching a website is met if the site is active for potential visitors within the agreed-upon timeframe.
In the event that no delivery deadline is expressly specified, Brandlift is required to deliver within a reasonable timeframe, given the circumstances.
Brandlift is released from any liability to the client for any damage the client may personally suffer and/or cause to a third party resulting from a delay in delivery, particularly and alternatively if:

a. The necessary documents and/or work materials are not provided by the client by the agreed-upon deadlines;

b. The proofs are not submitted to Brandlift within the agreed-upon timeframe;

c. The equipment provided by the customer is not ready for the proper performance of the services to be provided by Brandlift;

d. The equipment provided by the customer is defective;

e. The customer modifies the original order or requests additional work;

f. The customer delays the performance of the services to be provided by Brandlift, through no fault of Brandlift;

g. The number of working hours exceeds the number originally agreed upon, regardless of the extent of the excess;

h. In the event of force majeure and/or events such as, but not limited to: operational disruptions resulting from strikes, lockouts, or a shortage of everyday
. Exceeding the delivery deadline under the aforementioned circumstances does not entitle the customer to invalidate, rescind, or terminate the contract entered into with Brandlift, nor to claim damages.

By“meeting deadlines or delivering services,” Brandlift means that no delays attributable to the client will be tolerated, except in cases of duly documented exceptional circumstances. The client agrees to actively cooperate with the agency to facilitate the delivery of services within the specified timeframes. This includes the timely provision of all necessary information, resources, and approvals.

Unless otherwise agreed between the customer and Brandlift, a variation of up to 10% above or below the ordered quantity cannot be contested. Only the quantity delivered will be billed.

Subject to the limitations of liability (see below), Brandlift guarantees the quality of its printing services under the following cumulative conditions:

a. The client has formally accepted the written offer made by Brandlift;

b. The customer signed the necessary proofs within the agreed-upon time frame and did not subsequently modify the order unilaterally;

c. For color prints, the client requested a color proof, which he formally approved;

The standard industry tolerances for workmanship and materials remain in effect, particularly with regard to cutting precision, reproduction accuracy, color variations, and the quality of printing substrates. Any tolerances imposed by Brandlift’s suppliers are binding on the customer.

All work, regardless of its nature and/or medium, must be inspected by the customer upon receipt.
The customer is required to notify Brandlift in writing immediately upon discovery of any defects or errors. Failure to do so will release Brandlift from any liability under the quality guarantee, even in cases of slight negligence.

If, pursuant to a written agreement, Brandlift is required to provide the “login” credentials, they will be sent by mail, email, or via files uploaded to an FTP server.
Any changes to websites—made, in particular, by the client or a third party—after the “login credentials” have been sent cannot be attributed to Brandlift; consequently, the client is no longer entitled to question the quality of the work provided by Brandlift.

In any case, Brandlift’s liability is strictly limited to gross negligence. In the absence of gross negligence, Brandlift is released from all liability (delays in delivery, quality of work, etc.).
In any case, Brandlift is also validly exempt from any liability for its agents, such as its employees, for any minor negligence they may commit to the detriment of the customer in the performance of their work.
In the event that Brandlift’s liability is established, the parties agree that the maximum damages for which Brandlift may be held liable are limited to the price of the order.

The customer warrants that any document provided to Brandlift by the customer, its agents, and/or its representatives is free of any third-party copyrights that would prevent Brandlift from performing the services it has promised. The client irrevocably agrees to pay, in its capacity as guarantor, any damages that may be claimed from Brandlift for the infringement of a third party’s copyright resulting from the performance of the services accepted by the client.
The client warrants that all documents and their media are its exclusive property or that it has the unrestricted right to use them. The client hereby indemnifies Brandlift against any claim for infringement it may face regarding all or part of the document or medium due to ownership rights held by a third party at the time of acceptance of the contract as well as during its performance.
The client expressly authorizes Brandlift, in particular, to rework, edit, and modify all documents provided by the client, as well as to make reproductions for the purposes of fulfilling the order.
Any creation by Brandlift, as defined by the Swiss Copyright Act (LDA) of October 9, 1992, is the exclusive property of Brandlift, which holds all related copyrights. For this reason, Brandlift has the right to sign each copy of its work as follows: “www.Brandlift.ch,” a signature that will appear on every part of Brandlift’s work that may be used, displayed, or copied separately.
Unless otherwise specified in a written agreement regarding a more extensive transfer of copyright, the client acquires only the right to use Brandlift’s creations in accordance with the purpose of the order. Any right to subsequent reproduction, free of charge, as well as to partial or total modification of the work, is hereby excluded. Subsequent reproduction includes, in particular, photocopies and digital copies, regardless of their form or medium.
All copyrights naturally extend to computer-generated works such as “websites.” Thus, copyright protects not only the concept of the aforementioned “websites,” but also their content and structure, which include all “hyperlinks,” source code, and graphic design.
Consequently, no copies—even partial ones—and no modifications to these works may be made free of charge without Brandlift’s written consent.
Any transfer of copyright, in whole or in part, as defined above or pursuant to a special written agreement, shall be made to the client only upon receipt of full payment of the final invoice related to the creation of the works subject to the transfer. This is subject to a written agreement to the contrary. The client agrees to notify Brandlift of any infringement of the aforementioned copyrights as soon as it becomes aware of such infringement.

Following a written warning from the client, Brandlift and all its subcontractors must take standard security measures to prevent the disclosure of data entrusted to them by the client.
Brandlift is, however, released from any liability for unlawful acts committed by a third party not authorized by Brandlift (theft, etc.).

Any materials provided by the customer for the purposes of custom manufacturing must be delivered free on board to Brandlift’s premises.
In the event that the customer provides Brandlift with documents—whether copies or originals, in any format (paper, digital, etc.)—the customer is required to expressly inform Brandlift if the documents provided are the customer’s only copy. Failure to do so, and in the event that the document(s) entrusted to Brandlift are destroyed in a manner that gives rise to Brandlift’s liability, Brandlift shall be liable for damages only up to the value of the medium entrusted (paper, floppy disks, etc.) and shall not be liable for the objective or subjective value of the document(s) entrusted
The customer is liable for any damages that may result from defective or unsuitable materials (in terms of quality or quantity).
Storage fees are the responsibility of the client.
Electronic data storage media delivered to Brandlift by the client will be retained after the order is fulfilled only if the client requests this in writing. Storage fees are the responsibility of the client.

Unless otherwise agreed in writing, Brandlift is not obligated to retain working documents, regardless of their format (including, but not limited to, data, negatives, templates, texts, website content, translations, source codes, films, compositions, proofs, and materials used to perform the work).
For technical security reasons, this release takes effect only 10 days after delivery of the goods. Any subsequent retention agreed upon with the client shall be at the client’s expense and risk, and the client shall be solely liable for any damage sustained by the aforementioned materials; in particular, the obligation to make the materials available is limited due to changes in storage technologies. In the event of an agreement regarding retention, the costs of archiving, further processing, formatting, and publishing shall also be borne by the client.

Production materials, regardless of their format (including texts, translations, source code, photographs, data storage media, layouts, printing plates, etc.), remain the exclusive property of Brandlift, with the exception of originals provided by the client.

Unless otherwise agreed in writing, Brandlift is under no obligation to retain photolithographs, films (duplicates), layouts, proofs, or in-house finishing materials. Any agreed-upon retention shall be at the customer’s expense and risk.

For delivery in a single shipment to any location within Switzerland, packaging and shipping costs are included in the price (with the exception of small orders). Other shipping methods will be billed to the customer at cost. Pallets, frames, and crates will be replaced or billed at the purchase price if they are not returned carriage paid and in good condition within 4 weeks of receipt of the merchandise.

THE ORDINARY COURTS OF THE CANTON OF GENEVA (SUBJECT TO THE RIGHT TO APPEAL TO THE FEDERAL COURT) THEY SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR ANY DISPUTE THAT MAY ARISE BETWEEN THE CLIENT AND THE SERVICE PROVIDER REGARDING THE INTERPRETATION OR PERFORMANCE OF THEIR AGREEMENTS AND THESE GENERAL TERMS AND CONDITIONS. SWISS LAW SHALL EXCLUSIVELY APPLY.

Any acceptance of an offer made by Brandlift is accompanied by a copy of these terms and conditions, which the customer accepts without reservation.

Version dated July 1, 2022