These General Terms and Conditions (hereinafter referred to as "T&Cs") govern the contractual relationship between Visuno, a company based in Switzerland (hereinafter referred to as "Visuno"), and its customers (hereinafter referred to as the "Customer" or "Customers"). These T&Cs apply to all services provided by Visuno, particularly in the areas of visual media, social media management, web development, search engine optimization (SEO), and advertising campaigns.
Unless explicitly agreed otherwise in writing, these T&Cs shall apply exclusively. Any general terms and conditions of the Customer that conflict with or deviate from these T&Cs shall not be recognized unless Visuno has explicitly agreed to them in writing.
A contractual agreement between Visuno and the Customer shall be deemed concluded upon the written acceptance of an offer by the Customer. Acceptance may be provided in writing, by email, or through an electronic signature. In addition, a contract may be formed through implied conduct, such as the ordering or utilization of Visuno’s services.
Visuno reserves the right to refuse any contract at its sole discretion, particularly in cases where the Customer has a history of payment defaults, or where the order is not economically or technically feasible.
The pricing for Visuno's services is stated in Swiss Francs (CHF) and shall be exclusive of value-added tax (VAT), unless explicitly stated otherwise in the contractual agreement. In the case of long-term contracts, Visuno reserves the right to adjust prices with a 30-day written notice to the Customer.
Invoices issued by Visuno are payable within fourteen (14) days from the date of issuance, unless otherwise agreed in writing. Visuno may require an advance payment or partial payment before commencing work on a project.
In the event of a delay in payment beyond the due date, statutory default interest of five percent (5%) per annum shall be charged in accordance with Article 104 of the Swiss Code of Obligations (OR). Furthermore, Visuno reserves the right to suspend or terminate services in cases of non-payment.
Visuno undertakes to provide its services with the customary diligence and expertise expected in the industry. The specific scope of services shall be determined by the agreement between the parties, as outlined in the accepted offer.
Any modifications to the scope of services following the conclusion of the contract shall require written approval from both parties. Such modifications may result in additional costs and may lead to an adjustment of the agreed timeline for service delivery.
The Customer undertakes to provide Visuno with all necessary information, materials, and data required for the execution of the contractual services in a complete and timely manner. Any delays or additional costs arising due to the Customer's failure to fulfill these obligations shall not be the responsibility of Visuno.
The Customer shall ensure that all data provided to Visuno is accurate, lawful, and free from third-party rights. The Customer shall be solely responsible for any damages, claims, or legal consequences arising from the provision of incorrect, incomplete, or unauthorized data.
Visuno shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, data loss, or business interruption, unless such damages are caused by intentional misconduct or gross negligence on the part of Visuno.
Furthermore, Visuno shall not be held responsible for technical failures, outages, or errors caused by third-party service providers, including but not limited to Infomaniak, Google, Meta, or other external platforms.
The Customer shall indemnify and hold Visuno harmless from any third-party claims, including claims arising from the Customer’s misuse of Visuno’s services or any violations of third-party rights attributable to the Customer.
All personal and business data processed by Visuno shall be stored and managed exclusively on servers located in Switzerland, specifically through Infomaniak, a Swiss hosting provider based in Geneva. Visuno shall process such data in compliance with the Swiss Data Protection Act (DSG) and the General Data Protection Regulation (GDPR), ensuring appropriate security measures to protect confidential information.
The Customer is obligated to maintain the confidentiality of any access credentials, passwords, or login details provided by Visuno. Any unauthorized disclosure or misuse of such credentials shall be the sole responsibility of the Customer.
Further details on data processing are outlined in Visuno’s Privacy Policy, which is available on the company’s website.
Until full payment has been received, Visuno shall retain ownership of all intellectual property rights related to the services provided, including but not limited to designs, graphics, software, and digital content.
The Customer shall only acquire a non-exclusive, non-transferable right to use the delivered works for the agreed-upon purpose. Any further use, modification, reproduction, or transfer to third parties shall require the express written consent of Visuno.
For long-term service agreements, such as social media management or maintenance contracts, either party may terminate the agreement with a 30-day notice period, effective at the end of the calendar month.
In the event that the Customer cancels a project before the commencement of service, Visuno reserves the right to charge for any costs already incurred up to the cancellation date.
Visuno shall not be liable for any delays or non-performance of contractual obligations resulting from force majeure, including but not limited to natural disasters, cyber-attacks, government restrictions, or disruptions in third-party services.
If an event of force majeure persists for a period exceeding thirty (30) days, both parties shall have the right to terminate the contract with immediate effect.
These T&Cs shall be governed exclusively by Swiss law, excluding the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising from or in connection with these T&Cs shall be Winterthur, Switzerland.
All amendments or additions to these T&Cs shall be made in writing. This requirement shall also apply to any waiver of the written form requirement itself.
Should any provision of these T&Cs be deemed invalid or unenforceable, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a legally permissible regulation that most closely reflects the original economic intention.
No verbal side agreements shall exist between the parties. All contractual agreements shall require written confirmation by both parties.
The Customer may not assign or transfer their contractual rights or obligations without the prior written consent of Visuno. Visuno reserves the right to engage subcontractors for the execution of contractual services.
Any communication between the parties shall be deemed valid if sent via email or postal mail to the last known address or email of the recipient.
