Terms & Conditions
Last updated: August 30th, 2022
You agree to comply with and be legally bound by these General Terms and Conditions.
The General Terms and Conditions (‘GTC’) govern the business relations between customers and Brame Ltd. (hereinafter ‘Brame’, ‘we;, ‘us’ or ‘our’), unless special agreements are made.
Brame Ltd. develops and sells software and provides consulting services in marketing. The service offers and prices of Brame can change at any time and are not binding for Brame
The prices according to the contract are decisive in each case. For further services, a quotation will be provided in each case. All prices are exclusive of any value added tax or other taxes or duties.
- Terms of payment
The invoice amount must be paid by the due date stated on the invoice. If no such due date is specified, the due date is the invoice date plus 30 days.
- Duration and termination
Contracts may be terminated at the end of the contract period in each case with a notice period of one month before the end of the contract, otherwise the contract is automatically extended by another year.
Each party is entitled to terminate contracts for good cause at any time and without notice. Good cause shall be deemed to exist in particular if the other party commits a material breach of contract and fails to remedy such breach within ten days despite a written reminder, or if bankruptcy or insolvency proceedings have been instituted against the other party.
- Contract modification
Any amendments to the contract must be made in writing.
- Order reduction and cancellation
If an order placed is reduced or cancelled, BRAME shall be entitled to:
- Offsetting of the work performed to date (pro rata temporis),
- Offsetting of expenses and advance services provided by third parties.
In addition, BRAME shall have the right to use its work performed to date elsewhere in the event of cancellation of the order. The rights of use remain fully with BRAME. Insofar as the further use of ideas and concepts of the customer is concerned, consent must first be obtained.
- Rights of use, scope of use
In principle, the agreed rights of use shall not pass to the CUSTOMER until the fee has been paid in full. The scope of use of the works created by BRAME shall result from the purpose of the contract concluded with the CUSTOMER. In particular, works created by BRAME, order documents or parts thereof, which are handed over to the CUSTOMER, may be used exclusively within the scope of the agreed order. Unless otherwise agreed, this right of use is valid for an unlimited period of time and excludes any use outside the purpose of the contract as well as the release of raw data. However, the parties may negotiate any use outside the purpose of the contract as well as the release of raw data. For any use outside the purpose of the contract, in particular if contractually agreed key figures are exceeded (e.g. Visitors / month), the CUSTOMER shall inform BRAME and compensate BRAME accordingly for the additional use.
The copyrights to all works created by BRAME (concepts, sketches, designs, realized projects, etc.) belong to BRAME. It may dispose of these rights in accordance with the provisions of the Federal Copyright and Related Rights Act of October 9, 1992 (as of January 1, 2017). It follows from this principle, among other things, that the CUSTOMER shall not be entitled to make changes to the works in question, in particular to individual design elements, without the consent of BRAME. The CUSTOMER shall not remove, alter, obscure or attempt to challenge any copyright, trademark, service mark or other proprietary rights notices associated with the software. BRAME shall be entitled to designate its authorship of the works created by it in a form to be determined by it.
- Logo and name use
If a contractual relationship with a CUSTOMER comes into effect, BRAME shall thereupon be entitled to mention the name and logo of the CUSTOMER as a reference.
- Software, programming
If open source software is used, the copyrights to this remain with the creator. If BRAME programs its own software solutions, the rights to the code remain with BRAME.
- Copyright regulations
BRAME and its customers respect copyright laws.
- Data storage and data protection
BRAME’s liability is fully excluded to the extent permitted by law.
You agree to indemnify, defend, hold harmless and hold BRAME harmless from and against any and all claims, liabilities, damages, losses and expenses to the extent arising out of or related to your failure to comply with the terms of the Agreement agreed to with BRAME.
- Force majeure
BRAME shall not be liable if the performance of the service is temporarily interrupted, fully or partially restricted or impossible due to force majeure. The authorization of BRAME in consultation with the CUSTOMER to postpone the performance or to withdraw from the obligation to perform shall apply without the CUSTOMER being able to assert claims for compensation.
- Governing law and place of jurisdiction
The present agreement and all contracts entered into with the CLIENT shall be governed exclusively by Swiss law. The application of the Vienna Sales Convention (CISG) is excluded in its entirety. The place of jurisdiction for all disputes shall be exclusively the registered office of BRAME.
We encourage you to send us your feedback, comments, and suggestions for improving our software and services (“Feedback”) via email to firstname.lastname@example.org. All Feedback is the sole and exclusive property of BRAME. Upon BRAME’s request and at BRAME’s expense, you shall execute documents and take such other actions as may be reasonably requested to assist BRAME in acquiring, completing and maintaining its intellectual property rights and other legal protections for the Feedback.
- Changes to Terms & Conditions
BRAME reserves the right to change the Terms & Conditions at any time. The amendment may also be made by publication on the Internet. The currently valid version can be viewed on the Internet (at www.brame.ch). By continuing to use the products and services of BRAME, the CUSTOMER agrees to the changes.
- Severability clause
Should individual provisions of this agreement be invalid or incomplete, or should fulfillment become impossible, this shall not affect the validity of the remaining parts of the Terms & Conditions. In this case, BRAME undertakes to immediately replace the ineffective provision with a permissible effective provision whose content comes closest to the original intention. Any ancillary agreements must be made in writing.
If you have any questions about BRAME’s Terms and Conditions, please contact us at email@example.com at any time.