Terms and Conditions & Privacy Policy
Martina Abegg

General Terms and Conditions

1. scope of application

These Terms and Conditions apply to all business relationships between the Contractor and its customers. Any conflicting terms and conditions provided by customers will not be recognized unless they have been expressly agreed to in writing.

2. conclusion of contract

A contract between the client and the contractor is formed through:
the acceptance of a written offer or a written order confirmation from the contractor. The contractor reserves the right to decline inquiries or orders. The collaboration ends upon the achievement of the agreed-upon project goal and confirmation by the client. If the client does not respond to the request for acceptance within five days, the project is deemed accepted. Upon acceptance, the project is considered completed. Subsequent complaints are excluded. Adjustments, changes, or extensions to the scope of services shall be agreed upon by mutual consent.

3. scope of services

The scope of services is set forth in the relevant proposal and the order confirmation. Any changes or additions require the written consent of both parties. The Contractor is entitled to engage external third parties or subcontractors to fulfill the contract. Third-party platforms (e.g., Squarespace) may be used for web services. The Contractor is neither the owner nor the operator of these platforms and assumes no liability for their content or technical functions.

4 Deadlines and dates

Dates and deadlines will be set by mutual agreement. Schedules or changes to dates will be communicated well in advance and agreed upon jointly. In the event of illness or force majeure, a new date will be agreed upon jointly. Claims for damages are excluded in such cases.

5. remuneration

Payment will be made in accordance with the prices specified in the quote. Additional services not included in the original quote will be billed separately. Prices are subject to change.

6. ancillary costs

The fee does not include project-related additional costs or third-party costs. Such costs will be agreed upon with the client in advance.

Third-party costs may include, in particular:

• 3D visualizations are commissioned externally at the client's request and invoiced separately.

• Expenses for any chargeable sampling, overnight stays, trips abroad, flights, car rentals, etc. will be invoiced separately and agreed in advance.

• Printing costs and all other third-party costs associated with the project.

• Purchase of fonts to create the desired designs.

• Purchase of photos and image licenses at the customer's request

• All Squarespace fees, such as fees for domains, plug-ins, e-mail addresses, etc.

7. terms of payment

The down payment invoice specified in the quote is due immediately. Invoices must be paid in full within 30 days of the invoice date. In the event of late payment, statutory late payment interest of 5% per annum will be charged. If projects are modified or canceled by the client, all costs incurred up to that point will be billed.

8. liability

The Contractor shall be liable only for willful misconduct and gross negligence. Liability for slight negligence, indirect damages, consequential damages, or lost profits is excluded to the extent permitted by law. Once the project has been accepted, the Client bears full responsibility for any changes. For websites or online portfolios, all access credentials will be provided upon full payment. Changes made after project acceptance are the sole responsibility of the client. 

Online Portfolios and Websites: Once payment has been made in full, the client will receive all login credentials so that they can independently modify, update, and manage the online portfolio or website. The client bears full responsibility for any changes made after project acceptance—nima can restore the approved design for a fee.

9. warranty

Defects must be reported in writing immediately upon discovery. In the case of justified defects, the Contractor shall, at its discretion, either repair the defect or provide a replacement.

10 Obligations of the customer to cooperate

The client agrees to provide all necessary information and documents in a timely manner. The contractor shall not be held responsible for any delays resulting from a lack of cooperation.

11. confidentiality

Both parties agree to treat all information received in the course of this collaboration as confidential.

12. Privacy Policy

The contractor processes customers’ personal data exclusively in accordance with the legal provisions of Swiss data protection law. Personal data is collected and processed only to the extent necessary for the performance of the contract, the handling of inquiries, or invoicing. Data will only be disclosed to third parties if this is necessary for the fulfillment of the contract or if there is a legal obligation to do so. A separate privacy policy applies to the nima brand website. The sole entity responsible for data processing is the specific sole proprietorship with which the customer contacts or enters into a contract.

13. Copyright

All drafts, plans, and other documents created by the Contractor remain the intellectual property of the Contractor and may not be used or reproduced without express consent. All work may be used by the Contractor, as well as its partners and subcontractors, as reference projects in any form. The Contractor is also entitled to place a link to its own website on the online portfolio or website created for the Client. The Client agrees not to misuse the aforementioned rights, ideas, concepts, and processes either during or after the collaboration with the Contractor, nor to take any action against the Contractor, challenge them, or make any claims regarding them.

13. termination

Both parties have the right to terminate the contract for good cause. In the event of termination by the customer, the contractor will invoice the customer for services rendered up to that point at the contractually agreed rate. Claims for damages by either party are expressly excluded.

14 Place of jurisdiction and applicable law

This agreement is governed by Swiss law. The exclusive jurisdiction for any disputes arising from this agreement is Küsnacht.

15. final provisions

Amendments and supplements to these GTC must be made in writing. Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions. In such a case, the parties undertake to replace the invalid provision with a provision that comes closest to the economic purpose of the invalid provision.

You agree to these Terms and Conditions by accepting the Contractor’s offer in writing or by returning a signed copy of these Terms and Conditions.