Terms of Use
Imprint
up&up Consulting AG
Staffelstrasse 12
8045 Zürich
Switzerland
+41 (0)44 974 28 55
contact@upandup.ch
Copyright
Unless otherwise stated, the copyright for all content on this website is held by up&up Consulting AG (hereinafter up&up) or one of up&up’s contractual partners. It is prohibited to use the content (in particular images and graphics) without prior consent.
Disclaimer
All texts and links have been carefully checked and are constantly updated. up&up endeavours to provide correct and complete information on this website, but assumes no responsibility, liability or guarantee for the correctness, completeness and topicality of the information provided on this website. Any liability for damages of any kind arising in connection with the access, use or retrieval of the website or the information contained therein is excluded. up&up reserves the right to change the information on this website at any time and without prior notice and is under no obligation to update the information contained on this website.
All links to external providers were checked for accuracy at the time of their inclusion. up&up is not liable for the content and availability of websites accessed via hyperlinks. Access to and use of such websites is at the user’s own risk. Liability for illegal, incorrect or incomplete content and in particular for damage arising from the content of the linked pages lies solely with the provider of the page to which the link refers. This applies regardless of whether the damage is direct, indirect or financial or whether it is other damage that may arise due to loss of data, loss of use or for other reasons.
Severability clause
Should individual provisions of these terms of use be or become invalid, the content and validity of the remaining provisions shall remain unaffected and the invalid provisions shall be replaced by a valid provision that comes as close as possible to the purpose of the invalid provision.
Applicable law and jurisdiction
These Terms of Use are governed exclusively by Swiss law. The exclusive place of jurisdiction shall be the court with local jurisdiction for the registered office of up&up.
General Terms and Conditions (GTC)
The following GTC govern the relationship between customers and up&up Consulting AG (hereinafter referred to as up&up). They form an integral part of an order. Any deviations from the following terms and conditions must be made in writing. By placing an order, customers recognise the exclusive validity of the up&up provisions. Unless otherwise agreed in writing.
1. Services, placing of order and conclusion of contract
1.1 up&up may be commissioned in writing (contract, note of commission or cost estimate confirmation via email).
1.2 Every business relationship between up&up and its customers is governed by the cost estimate, which sets out the scope of services and the terms of payment. The nature of the services in detail is set out in the concepts, offers, proposals for measures, events or individual orders developed by up&up.
1.3 The written offers prepared by up&up are binding (cf. Art. 3 and 4 of the Swiss Code of Obligations). Customers confirm binding offers in writing (contract, note of commission or confirmed cost estimate), whereby the corresponding agreement is deemed to have been concluded.
1.4 Deviations may occur. up&up will notify the customer in good time if costs are expected to be exceeded. If additional work results in a budget overrun due to changes, additions or extensions to the order, this will be invoiced as an additional service at the agreed hourly rate. For any additional work incurred, up&up is entitled to reallocate partial credits within the overall budget in favour of the project accordingly.
1.5 In accordance with these General Terms and Conditions, up&up is entitled, at its own discretion, to engage additional external service providers or external contractors for the contractual fulfilment of the order. Such third parties have the legal qualifications of vicarious agents (Art. 101 OR).
2. Deadlines
2.1 Agreed timings, deadlines and delivery periods must be adhered to whenever possible. Changes to orders may lead to delays. Agreements on deadlines and dates must be confirmed in writing.
2.2 The targeted fulfilment dates can only be met if the customer provides all necessary documents, data and information in full by the dates specified. Delays in delivery and cost increases caused by incorrect, incomplete or subsequently amended information or documents not provided shall be borne by the customer.
2.3 In the event of project delays, up&up shall inform the customer immediately. Failure to meet a deadline will only entitle customers to assert their rights if they have granted up&up a reasonable grace period.
2.4 Force majeure (i.e. death, pandemics, etc.) and natural disasters release up&up from its obligation to deliver or allow up&up to reschedule the agreed delivery period. If events are cancelled due to official orders, the services provided by up&up up to that point in time must be compensated by the customer in any case, plus a cancellation fee of 20%.
3. Reduction or cancellation of the order
3.1 Cancellations or reductions of orders require mutual agreement. If an order that has been placed is reduced or cancelled, up&up shall be entitled to:
- settlement of the work performed to date
- settlement of expenses and services by third parties
- compensation for all opportunity costs resulting from the reduction or cancellation (= 20% cancellation fee).
The costs incurred that were not used can be reactivated within one year if necessary.
3.2 In addition, up&up has the right to use the work it has performed to date elsewhere if the order is cancelled. The rights of use shall remain with up&up in full.
4. Cancellation of orders
For orders that are cancelled, up&up is entitled to the following compensation:
- If the cancellation is communicated up to 14 days before the agreed delivery date: Settlement of the work performed to date, plus a 20% cancellation fee.
- If the cancellation is communicated less than 14 days before the agreed delivery date: 100% of the agreed total amount (according to the cost estimate).
5. Payment and due date of payment
5.1 Unless expressly agreed otherwise in individual cases, up&up charges for its services according to the amount of work involved on the basis of the agreed hourly rate. The remuneration is exclusive of statutory VAT and a flat rate of 2% for expenses and materials. This usually includes
- print material
- infrastructure film post production, incl. hardware, software, transcoding, audio/sound, licences, mix & mastering
- infrastructure motion design, incl. hardware, software, audio/sound, licences
- general infrastructure for design, project management, reporting, finances, etc.
- office supplies
- transport expenses (public transport, petrol and mileage)
- meals away from home / office
- telephone
5.2 The preparation of drafts is subject to a fee, unless otherwise agreed.
5.3 The services of up&up generally include a revision, unless otherwise agreed. Additional revisions are charged separately according to the hours delivered.
5.4 Unless otherwise agreed, 50% of the total remuneration is due when the order is placed. The remaining 50% will be invoiced after completion of agreed work packages. Services provided by up&up that are not expressly stated in the cost estimate as being included in the price are ancillary services that will be invoiced separately.
5.5 Payments are usually due 10 days after the invoice date, unless otherwise stated. The regulation of late payment is based on the provisions of the Swiss Code of Obligations (Art. 102 – 109 OR).
6. Duty of loyalty, business secrecy
up&up undertakes to carry out the tasks assigned to it carefully, conscientiously and responsibly. It undertakes to treat information entrusted to it or developed for the client as confidential.
7. Duty of care and liability
7.1 up&up warrants that orders placed will be executed with care and that the agreed scope of services will be delivered as agreed.
We cannot accept any liability in the following cases:
- If the scope of services specified in the offer has been provided and/or the result has been approved by the customer.
- If an error was caused by a third party outside of up&up’s sphere of influence, i.e. was not commissioned by up&up.
- If the deviation from the target result is due to a measure taken by the customer or at the customer’s request.
7.2 up&up cannot accept any liability for damages over and above the value of the services provided by up&up. Liability for indirect damage or consequential damage is excluded.
7.3 The responsibility for advertising material and content that violates fairness or other legal provisions lies exclusively with the customer.
8. Acceptance and defects notification
8.1 The acceptance is deemed to have occurred if it is not rejected within 15 days after delivery. If, after 15 working days, up&up has not received a declaration of acceptance, the draft is considered accepted and will be invoiced.
8.2 Complaints regarding a service provided by up&up must be submitted in writing immediately, and no later than 15 days after delivery.
8.3 If the performance results are successfully reviewed, the customer will declare acceptance to up&up.
8.4 In the case of justified complaints, a correction will be made. If the customer refuses acceptance and thereby declares withdrawal from the order, up&up retains the right to payment for work already started and completed, plus 20% cancellation fee.
9. Copyright, intellectual property, rights of use and data processing
9.1 The copyrights for consulting and creative works that up&up develops for customers (e.g. concepts, photos, films, images, animations, sketches, etc.) remain with the agency. Likewise, up&up shall retain a copy of the work.
9.2 Unless otherwise agreed in writing, the rights of use shall be transferred to the client once the project invoice has been paid in full, for the purpose defined in the project. This right of use generally excludes the release of raw data, unless the purpose of use requires otherwise (e.g. release of raw data for templates). The parties may negotiate the use outside the purpose of the contract and the release of raw data at any time. Customers must inform up&up of any use outside the purpose of the contract and compensate up&up accordingly for the additional use. Customers have expressly not acquired any exclusive rights, even after acquiring a right of use. The rights of use of third parties (models, photographers, picture agencies, musicians, speakers, etc.) must be regulated separately. If a concept is used beyond this scope, this is only permitted in consultation with up&up and must be paid for separately.
9.3 up&up uses software, fonts, images and other protected objects only with the necessary licence rights. up&up cannot be held liable for infringements of copyrights by customers (e.g. by means of templates etc. handed over to up&up).
9.4 Unless otherwise agreed, customers agree that up&up may use the concepts and creative services created for them as a reference on its homepage, on social media or in other advertising materials as proof of its work. Furthermore, customers agree that their company name, including URL if applicable, may be included in up&up’s customer list, which is also used for advertising purposes. If a non-disclosure clause has been agreed between up&up and the customer, this expires after 3 years and the agency may freely publish all works from this point onwards.
9.5 The personal data of customers that become known directly or through third parties in the course of the business relationship are stored by up&up and processed for business transactions. The data will only be used for internal purposes and will not be passed on to third parties. up&up complies with the applicable data protection legislation. Customers consent to this data processing.
10. Final provisions
The invalidity of individual provisions shall not affect the validity of the remaining provisions. In the event of the invalidity of individual clauses, the parties shall endeavour to the best of their ability to replace the invalid clause with a valid clause that comes as close as possible to the meaning of the invalid clause.
11. Jurisdiction
In the event of a disruption in the cooperation, up&up and the customer shall make every effort to find an amicable solution without taking legal action. Should this fail, the place of jurisdiction shall be the court with local jurisdiction for the registered office of up&up. Swiss law applies.
Status: Juni 2025, CH-8045 Zurich