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Effective: June 1, 2025

1. Scope of Application

The following General Terms and Conditions (GTC) govern the relationship between the client and Advancis Business Services Rosati (Advancis.Pro) and form an integral part of the contract. These GTC apply to all our offers and services and, upon acceptance of an order, are also deemed agreed for all future transactions. Third-party GTCs shall not apply. Provisions that modify or override these terms are only valid if confirmed by us in writing. Counter-confirmations by the client referring to their own GTCs are hereby expressly rejected, including standardized references to such terms. We reserve the right to amend these conditions within reasonable bounds.

2. Offers and Conclusion of Contract

Our offers are non-binding. We are bound by our quoted prices for a maximum period of 4 weeks until the order is placed. A valid contract is concluded only upon and according to the content of our written order confirmation, if one is issued. Quoted prices are not binding offers and only form the basis of a contract upon written confirmation. Offers and their attachments may not be disclosed to third parties without our consent.

3. Scope of the Order

The subject of the order is the agreed activity described in the contract, not the achievement of a specific economic result. Data provided by third parties or the client is only checked for plausibility. Unless otherwise agreed, we may engage qualified subcontractors to perform the contract. Orders from the client must be submitted to us in writing.

4. Changes to the Scope of Services

Verbal agreements, side agreements, and subsequent changes to the contract require written form and our written confirmation to be valid. We charge appropriate compensation for any additional services ordered by the client based on our current rates. If costs are incurred by third parties and passed on to us, we are entitled to pass on such price increases to the client. Prices are net, excluding shipping costs, discounts, and VAT.

5. Client’s Duty to Cooperate

The client is obliged to support us to the best of their ability and to create all necessary conditions for the proper execution of the order. In particular, the client must provide all necessary or relevant information, materials, and documents in a timely manner, i.e., within the deadlines set by us. The client’s suggestions or cooperation have no effect on the compensation amount. The client authorizes us to conclude contracts for services obtained from third parties in the name and on behalf of the client. Upon request, the client must approve print releases and corrections.

6. Services and Delay in Performance

We are entitled to perform our obligations in partial services or deliveries. In the event of delays in performance or delivery, claims for damages are limited to the exclusions of liability outlined in Section 12. Delay is only deemed to occur after a reasonable grace period has been set following a culpable breach of a delivery or performance deadline.

7. Prices and Terms of Payment

Compensation is calculated based on time spent or as a fixed price, as agreed. Unless otherwise specified, we are also entitled to reimbursement for expenses. Details are defined in the contract. If billed by hourly rate, we are entitled to invoice based on work performed and expenses incurred at appropriate intervals. Additional tasks such as reworking and supplementary services are billed separately at our current hourly rate. All prices are net in CHF (Swiss Francs) excluding VAT. Discounts or deductions are not granted. Unless otherwise agreed in writing, payment is due by bank transfer or cash within 10 days of invoicing. In case of late payment, we may charge default interest of 5%. If advance payment is agreed upon, Advancis.Pro will not begin work until payment is received. Until then, the project is suspended by mutual agreement. Deviating arrangements must be in writing.

8. Reduction or Cancellation of the Order

Each project phase, whether in part or whole, is billable. If an order is reduced or canceled, Advancis.Pro is entitled to compensation in accordance with the above conditions and on a pro rata temporis basis.

In addition, Advancis.Consulting has the right to:

a. offset costs and services already rendered to third parties,

b. claim compensation for any damages resulting from the reduction or cancellation,

c. use the work already performed for other purposes upon cancellation.

09. Intellectual Property Protection

If work results are protected by copyright, we remain the copyright holder. In such cases, the client receives a limited, revocable, non-transferable, exclusive license for use, restricted in time and location, unless otherwise agreed. Advancis.Consulting reserves the right to archive and use works and drafts for reference. The client has the right to be credited as the author (on reproductions and websites).

10. Colors and Visual Samples

We expressly point out that screen colors (RGB) differ from print colors (CMYK) on various media (e.g., paper, fabrics, foils, banners, etc.). In the case of color discrepancies, returns or exchanges are excluded. This is standard practice in the printing industry. To avoid such issues, a color-proof sample may be ordered in advance for an additional fee.

11. Copyright and Trademark Rights

The client affirms they possess the necessary copyright and/or trademark rights for all services ordered. If they are not the rights holder, they confirm having obtained permission from the rights holder. Advancis.Consulting does not verify these rights. Liability for third-party copyright or trademark claims is excluded. The client bears responsibility for any infringement of such rights.

12. Warranty

We provide warranties to the client, as the first recipient only, under the following conditions. Assignment of warranty claims is not permitted. All claims for damages, regardless of type, are generally excluded. Legitimate defects must be reported in writing within 14 days of receipt of services, including a precise description of the defects. In such cases, we may, at our discretion, provide free rectification. Further claims are excluded except in cases of willful misconduct or gross negligence. Liability under the Product Liability Act remains unaffected. Contractual penalties are not accepted.

13. Limitation of Liability

For breaches of contractual or non-contractual duties, particularly for impossibility or delay, we and our agents are liable only for intent or gross negligence. Liability is limited to foreseeable, contract-typical damages. For services obtained from third parties, we are not liable for their faults.

14. Data Protection and Confidentiality

Advancis.Pro agrees to maintain confidentiality regarding all business matters of the client acquired during the execution of the contract and will not disclose confidential information to third parties. The client consents to our storing data they provide. The client is informed that we process personal data electronically for contract-related tasks. If the client provides address data, the provisions of the Federal Data Protection Act (BDSG) apply.

15. Place of Performance and Jurisdiction

Place of performance and jurisdiction for all claims arising from this contract is the registered office of Advancis.Pro. Swiss law applies, excluding foreign law and international commercial law.

16. Severability Clause

Should any provision of these GTC be invalid, unenforceable, or void for any reason, the validity of the remaining provisions and the underlying contract shall remain unaffected. In such cases, the parties agree to replace the invalid provision with one that most closely reflects its intent.