Conditions & Terms
CONDITIONS AND TERMS OF REDSPACE Corporation
Revision June 2019
For all transactions between the customer and REDSPACE Corporation these "General Terms and Conditions" apply exclusively. The following terms and conditions are authoritative for all order services transferred to us for execution. Each placing of an order is thus simultaneously considered as recognition of our terms and conditions. Conflicting terms and conditions of the customer are only effective if they are expressly acknowledged in writing by REDSPACE Corporation.
2. Conclusion of contract and termination
The offers of REDSPACE Corporation are - also with regard to the prices - non-binding. The cost estimates presented by REDSPACE Corporation are not to be understood as flat rates, i.e. they only refer to the explicitly mentioned services. The quotations lose their validity four weeks after preparation. A contract is concluded with the written acceptance of the order.
3. Service and fee
Unless otherwise agreed, REDSPACE Corporation's fee claim shall arise for each individual service as soon as it has been rendered. REDSPACE Corporation is entitled to immediately charge additional expenses to cover its own expenses and to demand advance payments. All services provided by REDSPACE Corporation that are not expressly covered by the agreed fee shall be remunerated separately. Cash expenses that go beyond the usual business operations (e.g. meetings not agreed upon, extraordinary shipping costs or travel) are to be reimbursed by the customer. Cost estimates of REDSPACE Corporation are generally binding. Should the actual costs exceed the estimate by more than 10%, REDSPACE Corporation must inform the customer of the higher costs. The customer shall be deemed to have approved the cost overrun if the customer does not object in writing within three days of this notification and at the same time announces cheaper alternatives. REDSPACE Corporation is entitled to have the order executed in whole or in part by third parties.
Unless otherwise agreed, invoices of REDSPACE Corporation are payable within 10 days to the bank account specified in the invoice. REDSPACE Corporation expressly reserves the right to reject cheques; corresponding expenses shall be borne by the purchaser and are due immediately. If a project is cancelled by the customer, the work performed must be paid for within 10 days. Advance payments will not be refunded. Telephone price information and dates are only valid after written confirmation. Discounts or other deductions are only granted if they have been expressly agreed. The total claims of REDSPACE Corporation are due prematurely: Breaches of contract or significant deterioration of the financial circumstances of the customer; in particular in the case of: Default of payment or default with regard to other obligations, inability to pay, bankruptcy and composition proceedings as well as loss of business or availability. REDSPACE Corporation is entitled to charge your expenses in the dunning process to the defaulting customer. We reserve the right to take legal steps to enforce the debt. Delivered products remain the property of REDSPACE Corporation until full payment has been received.
REDSPACE Corporation does not participate in free competitive presentations. For draft or concept presentations, REDSPACE Corporation is entitled to an appropriate fee (guideline: 10% of the expected order volume), which covers at least the entire personnel and material expenses of REDSPACE Corporation for the presentation as well as the costs of all external services. If REDSPACE Corporation does not receive an order after the presentation, all rights and services remain with REDSPACE Corporation. The documents must be returned to REDSPACE Corporation immediately.
6. Property right and copyright protection
Unless otherwise agreed in writing, the textual, graphic, audiovisual and content works shall only be assigned to the customer by REDSPACE Corporation for the contractually agreed use. All other rights to the work are owned by REDSPACE Corporation. The customer does not acquire any rights to incomplete work.
The content and structure of the products are the intellectual property of REDSPACE Corporation and protected by copyright. The complete or partial duplication as well as the electronic or other means of distribution require the prior express consent of REDSPACE Corporation. In particular, REDSPACE Corporation reserves the right to participate in competitions and film festivals with all its products.
The copyright of the products published by REDSPACE Corporation lies with REDSPACE Corporation. Commercial further use and duplication of the works are prohibited. This applies to all products and the entire Internet offering.
In particular, REDSPACE Corporation reserves the right to participate in competitions and industry events such as trade fairs with all its products and to advertise its products for itself and its services.
Completed projects are stored and archived by REDSPACE Corporation for a period of one year starting at project completion. After this period, all materials archived at REDSPACE Corporation can be deleted or destroyed by REDSPACE Corporation.
8. Confirmation of existing legal conformity with regard to copyright/property rights
By placing the order, the customer confirms to REDSPACE Corporation that the execution of the work assigned to it does not conflict with statutory regulations or official orders. Furthermore, by placing the order, the customer confirms that he has the right to dispose of and copy the delivered materials and indemnifies REDSPACE Corporation from claims of third parties.
REDSPACE Corporation is entitled to refer to REDSPACE Corporation and, if applicable, to the author on all media in an appropriate form, without the customer being entitled to a fee for this.
10. Dates and Delivery
If REDSPACE Corporation is unable to meet the agreed deadlines, the customer shall grant REDSPACE Corporation a grace period of at least 14 days. This period begins with the delivery of a reminder letter to REDSPACE Corporation. A claim for damages due to delay shall only exist in the event of intent or gross negligence on the part of REDSPACE Corporation. Unavoidable or unforeseeable events - in particular delays on the part of the customer, strikes or weather conditions during external shootings - release REDSPACE Corporation from compliance with the agreed delivery date. Shipments from and to the customer shall be at the customer's risk and expense.
11. Force majeure
If REDSPACE Corporation cannot fulfil its contractual obligations despite all due care due to force majeure such as natural events of particular intensity, warlike events, strike, unforeseen official restrictions, etc., the fulfilment of the contract or the date for the fulfilment of the contract shall be postponed in accordance with the event that has occurred.
The customer must assert and justify any complaints in writing within 10 working days of performance. In the case of justified and timely complaints, the customer is exclusively entitled to the right of rectification by REDSPACE Corporation. Claims for damages by the customer are excluded unless they are based on intent or gross negligence on the part of REDSPACE Corporation. REDSPACE Corporation shall not be liable for damage caused by an authorized auxiliary person in the performance of his duties. Under no circumstances shall REDSPACE Corporation be liable for consequential damages and lost profits. Physical defects of the ordered product must be reported immediately upon receipt (within 10 working days) orally or in writing.
REDSPACE Corporation shall only be liable for proven damages incurred by the customer due to intentional or grossly negligent breach of contract on the part of REDSPACE Corporation. Any further liability of REDSPACE Corporation for direct or indirect damages of any kind whatsoever is excluded to the extent permitted by law.
14. Personal rights
By accepting the Purchase Order in writing, the Supplier irrevocably and unconditionally waives, even on behalf of its employees and subcontractors, all personal rights to and in respect of the Goods and/or Services to which the Supplier is (will be) entitled at the present or any future time in accordance with the applicable legal order.
15. Data protection
In order to execute the order, personal data relating to the supplier's personnel ("data") will be processed by REDSPACE Corporation subcontractors and representatives and other companies involved in the production which may be located inside or outside Switzerland.
The supplier guarantees that he has received the consent of his personnel or that the transfer of the data to REDSPACE Corporation for the processing described in section 14. is permissible in accordance with the applicable law ("data protection laws").
Personal data transferred by REDSPACE Corporation to the supplier as the responsible party and in connection with the execution of the order will be processed by the supplier exclusively for these purposes and in accordance with the data protection laws.
16. Amendments to the General Terms and Conditions of Business
REDSPACE Corporation can change the General Terms and Conditions at any time. The changes will be notified to the customer by e-mail or by other suitable means (online).
17. Applicable law
Swiss law applies to the entire legal relationship between REDSPACE Corporation and the customer. Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions.
18. Place of Jurisdiction
The exclusive place of jurisdiction is Dietikon, Canton of Zurich.