General Terms and Conditions of Business
1. Contract conditions
The following conditions govern the relations between the client and L. Roost Photo and Design (hereinafter: Liuva Roost). They are an integral part of the main contract.
General Terms of the client do never apply, unless explicitly agreed otherwise in the main contract.
2. General Principles
Liuva Roost provides various services in the fields of photography, design and further graphical services.
3. Copyright law
The copyrights to all works created by Liuva Roost (concepts, sketches, drafts, source codes, raw data etc.) remain the property of Liuva Roost.
The client is not entitled to use the works in question and/or to undertake changes , unless this has been agreed between Liuva Roost and the client in the main contract or in case Liuva Roost has given her consent in advance.
Liuva Roost is entitled to indicate her copyright to the works created by her in a form of her own choosing.
The agreed rights of use only pass to the client upon full payment of the fee.
The scope of the permitted use of the works created by Liuva Roost is defined by the purpose of the contract concluded with the client. Any use of works created by Liuva Roost, order documentation of parts thereof outside the scope of the contractual purpose is not permitted.
Unless otherwise agreed, the handing over of raw data is not part of the contractual purpose.
The parties may, however, renegotiate any use outside the purpose of the contract as well as the handing over of raw data.
4. Warranty
When carrying out editing, adaption or transformation of third-party works (for example, design work, photos, texts, samples, electronic data, etc.), Liuva Roost assumes, without express indication on the part of the client, that entitlement to such uses exists and no third-party rights are therefore being infringed. Should third-party rights be infringed, however, the client shall hold the Liuva Roost completely harmless.
5. External supplies
Within the scope of the order and for the account of the client, Liuva Roost shall call upon the services of third parties which she needs for design drafts and for the realisation of reproduction-ready artwork. She shall obtain a quotation for this third-party work which must be approved by the client in advance.
6. Fee
If a previously placed order is reduced or cancelled, Liuva Roost is entitled to:
a. Settlement of all previously performed work (pro rata temporis),
b. Settlement of his expenses and the preliminary work of third parties,
c. Compensation for all losses arising from the reduction or cancellation.
Moreover, Liuva Roost is entitled to utilise his previously performed work elsewhere in the event of cancellation of the order. The rights of use remain exclusively with Liuva Roost.
Liuva Roost carries out her billing based on the fee agreed with the client. Until agreed otherwise, the agreed fee does not include VAT.
Unless agreed otherwise Liuva Roost will require a CHF 50 deposit to save the date. The remaining balance is due the day of the photo session. Liuva Roost will not send the photos before full payment.
Non-attendance at an appointment will result in the forfeiture of the CHF 50 deposit fee.
7. Miscellaneous
Relations between the client and Liuva Roost are governed by Swiss law. Unless otherwise stipulated in the terms and conditions of Liuva Roost or in the main contract, the provisions of the Swiss Code of Obligations on the basic order shall apply.
The place of jurisdiction is the place of business of Liuva Roost.
Any deviations from the following conditions must be made in writing.