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1. Scope

These terms and conditions regulate the relationships between the customer and the Touchpoints and apply to their services and works.

2. Subject and scope of the services

The Touchpoints offers its customers advice, implementation support & operation mostly in the classic and electronic channels of customer communication. It provides high quality services that correspond to the state of knowledge and technology as well as international standards and recommendations.

2. Performance and responsibility  

2.1. Services of the touchpoints

The individual services of the touchpoints result from the orders placed by the customer and accepted by touchpoints or the service descriptions from offers, order confirmations or contact reports. Together with these terms and conditions, they form the basis of the contractual relationships between the customer and the touchpoints. Oral orders are confirmed by means of an offer (cost estimate) & order confirmation and are deemed to be tacitly approved within 48 hours without a counter report, at the latest when the client has requested the touchpoints to start the project.

2.2. Customer services

The prices to be paid by the client for services and works result from the offer, order confirmation or the corresponding fee agreement. Unless otherwise agreed, they are exclusive of VAT.

2.3 Customer Responsibility

The customers ensure that the services for which they have entered into an agreement with Touchpoints are used in accordance with the law and the contract. Any obligations to cooperate, such as compliance with technical regulations, etc., can result from the service descriptions. Customers are responsible for ensuring that the data they provide conform to the law and that they do not infringe any third party rights (e.g. copyrights). The customers exempt Touchpoints from all claims that are raised by third parties in connection with data supplied by the customer. Touchpoints reserves the right to remove data from customers who do not meet the above requirements at its own discretion.

3. Invoicing and terms of payment

3.1. Invoicing

The details of the invoicing for the services used result from the service descriptions in the offer, order confirmation or fee agreement.

3.2. Terms of payment

The invoice must be paid by the expiry date stated on the invoice form. The client can raise justified objections to the invoice in writing within 10 days of receipt of the invoice. If they fail to do this, it is deemed to have been approved.

3.3. Prepayment and security

The Touchpoints can demand prepayment, partial payment or security from their customers. If the customers do not provide advance payment, partial payment or security, the Touchpoints can take the measures provided for in the service descriptions and terminate the contract without notice and without compensation. The same rule applies in the event of a debt restructuring moratorium or bankruptcy opening if the customers or the bankruptcy administration do not provide security for the payment of future bills.

4. Liability

4. Liability of the touchpoints

The Touchpoints is responsible to the customer for the careful and contractual provision of their services in accordance with the offer, order confirmation or contact report. Any liability for direct or indirect damage as well as for consequential damage and lost profit is excluded. A claim for damages is excluded if Touchpoints cannot fulfill the obligation because the suppliers or service providers change their policy or infrastructure. In such a case, reparation expenses are to be borne by the client.

5. Special provisions

5.1. Copyright

The customer expressly recognizes the agency's intellectual property, in particular the copyright to all services created in the context of the collaboration between Touchpoints (synopsis for concepts, presentation documents, design proposals, text, image, sound, graphic work, photos, films, labels, packaging, branding marks Names, radio spots, TV spots, websites, software or APP applications, etc.).

5.2. Usage rights

With the payment of the final invoice, the usage rights of touchpoints (design, text, etc.) are transferred to the customer for further use within the same application (secondary use is the subject of negotiations). This does not include a priori rights of third parties (photographers, models, artists, programmers, etc.). On request, Touchpoints takes on the relevant clarifications and negotiations.

5.3. Force majeure

If, despite all due care, a party cannot meet its contractual obligations due to force majeure such as natural events of particular intensity, armed forces, strikes, unforeseen official restrictions and criminal attacks on the systems of third parties (hackers) etc., the contract performance or the deadline will be canceled postponed for the fulfillment of the contract according to the event that has occurred.

5.4. Billing

The client does not offset debts to the touchpoints against their own claims without their consent.

6. Fulfillment

These terms and conditions come into force with the acceptance of the order.

7. Final provisions

Transfer of rights and obligations

Neither party may transfer rights and obligations from this contract to third parties without the prior written consent of the other party.

8. Applicable law and place of jurisdiction

The contract is subject to Swiss law.

The exclusive place of jurisdiction is the seat of the touchpoints. The Touchpoints can also bring lawsuits against customers at their headquarters or domicile.

Data protection notices

Depending on the mandate, different protection interests of the parties are affected. The essential points are in the data protection declaration on  

Winkel, 11.2021

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