GTC

1. Scope These

These General Terms and Conditions (“GTC”) govern the business relationship between the client (“Client”) and Contcept Communication GmbH, Hardturmstrasse 76, 8005 Zurich (“Agency”). The Client and the Agency are jointly referred to as the “Parties”.

The specific services to be provided by the Agency and their scope shall be agreed in each case in an individual agreement or order confirmation. These are hereinafter referred to as the “Individual Agreement”.

These GTC form an integral part of all quotations and Individual Agreements issued or entered into by the Agency.

In the event of any conflict between an Individual Agreement and these GTC, the provisions of the Individual Agreement shall prevail. Any deviation from individual provisions of these GTC shall not affect the validity of the remaining provisions.

Any amendments or additions to Individual Agreements or these GTC must be made in text form, in particular by email, unless a different form is mandatorily required by law.

2. Conclusion of Contract

An Individual Agreement is concluded when the Client commissions the Agency to provide specific services and the Agency confirms the order in writing or by email, or begins providing the services with the Client’s consent.


By entering into the Individual Agreement, the Client accepts these GTC.


Unless expressly stated otherwise, a quotation constitutes a cost estimate for the requested services prepared to the best of the Agency’s knowledge and belief. The binding scope of services, any deliverables and the remuneration shall be determined by the respective Individual Agreement.


Unless otherwise stated therein, quotations shall remain valid for two months from the date of issue. The Agency may withdraw a quotation that has not yet been accepted at any time prior to acceptance.

If no order results from a quotation, the concepts, ideas, drafts and presentations contained therein may not be used or disclosed to third parties. At the Agency’s request, such materials must be destroyed or deleted.

The Agency reserves the right to make subsequent price adjustments, which shall be communicated to the Client in advance.

If the scope of services has not yet been sufficiently defined at the time a quotation is prepared, the Agency may assist the Client in further defining such scope. Unless otherwise agreed by the Parties before such services commence, these consulting and support services shall be charged according to the time incurred and at the rates applicable at the time the services are provided.

3. Subject Matter of the Contract

The nature and scope of the Agency’s services shall be determined by the respective Individual Agreement.

The Agency shall provide its services with due care and professional diligence. A specific commercial, communication, media or other outcome shall only be owed if expressly guaranteed in the Individual Agreement.

4. Client Relationship

The Individual Agreement is concluded exclusively between the Client and the Agency.


The rights and obligations arising therefrom exist exclusively between these Parties. The Agency’s services and advice are intended solely for the Client.

Third parties may not rely on advice, recommendations or other services provided by the Agency unless expressly agreed otherwise in writing.

5. Third Parties

The Agency is entitled to engage suitable third parties, such as freelancers, media companies, producers, suppliers, marketing service providers or other specialised service providers, for the purpose of fulfilling its obligations.

The Agency may engage third parties as subcontractors or, following consultation with the Client, commission them in the Client’s name and for the Client’s account.

Before the Agency commissions a third party in the Client’s name where the costs are material in relation to the overall assignment, the Agency shall consult with the Client. In such cases, the contractual relationship shall generally arise directly between the Client and the third party.

Unless otherwise agreed, invoices from such third parties shall be forwarded directly to the Client for payment.

If, following prior consultation with the Client, the Agency exceptionally advances third-party costs, it shall be entitled to charge a general contractor fee (“GU Fee”) of 15% on the net amount of such third-party costs.

To the extent permitted by law, the Agency shall not be liable for errors or omissions of third parties commissioned in the name and for the account of the Client.

The Agency is entitled to transfer an Individual Agreement, together with all associated rights and obligations, to a company controlled by the Agency or under common control with the Agency, provided that this does not materially prejudice the Client’s legitimate interests.

6. Instructions and Contract Amendments

Instructions required for the performance of the contract may be given by the Client in writing, by email or orally.

The Agency may request that material oral instructions be confirmed by the Client in writing or by email.

The Client acknowledges that changes to the agreed scope of services may affect remuneration, third-party costs, resources and deadlines.n können.

If change requests or additional instructions from the Client result in additional work beyond the agreed scope of services, the Agency shall be entitled to charge such additional work separately at the agreed hourly rates or, where applicable, at the hourly rates in effect at the time the services are performed. The Agency shall inform the Client in advance where the additional effort is material.

Any delays to deadlines caused by such changes shall not be attributable to the Agency.


If the Client wishes to restrict the group of persons authorised to issue instructions, it must notify the Agency thereof in writing or by email. In the absence of such notification, the Agency may assume that persons presenting themselves to the Agency as project managers or contact persons are authorised to issue project-related instructions.

7. Fees and Costs

Depending on the agreement, the Agency shall invoice its services monthly on a retainer basis, on a project basis or according to actual time incurred.

Unless otherwise agreed, invoices are payable without deduction within 30 days of the invoice date.

For new Clients, the Agency is entitled to invoice at least one third of the agreed total project volume or fee before commencing work. Such advance invoice shall be payable within ten days.

Unless otherwise agreed in the Individual Agreement, third-party costs are not included in the Agency’s fees.

These include, in particular, travel and hotel costs, translations, catering, production costs, reproductions, photo and video productions, printing costs, media monitoring and clippings in Switzerland and abroad, social media monitoring, postage and packaging costs, as well as the fees and expenses of third parties.

These costs shall be invoiced separately.

Different payment arrangements may be agreed in the Individual Agreement.

8. Use of Work Products

Unless otherwise stipulated in the Individual Agreement, upon full payment of the remuneration due, the Client shall receive a non-exclusive, non-transferable and non-sublicensable right to use the work products created by the Agency or third parties engaged by it. Such right shall be limited to Switzerland and to the duration of the respective Individual Agreement.

Work products include, in particular, communication campaigns and concepts, advertising materials, designs, graphic drafts and sketches, texts, images, photographs, film and video works, analyses, software applications, audio content, animations, presentations and comparable services.

The right of use shall be limited in subject matter to the purpose and scope agreed in the Individual Agreement.

Unless otherwise stipulated in the Individual Agreement, the Client may edit or modify the work products made available to it within the scope of the agreed purpose.

Concepts, drafts and other work products presented to an existing or prospective Client in connection with presentations, pitches or quotations may not be used, implemented or disclosed to third parties without the Agency’s prior consent.

For ICT services, the General Terms and Conditions of the Swiss Informatics Conference SIK/CSI (https://sik.swiss/service/agb-der-sik/)may additionally apply, provided this is expressly agreed in the respective Individual Agreement and the applicable version is specified.

Unless otherwise agreed, the Client shall bear the costs of third-party rights relating to work products, in particular licence rights for images, films, music, fonts or other materials. Any corresponding costs paid by the Agency may be recharged to the Client.

9. Use of Names, Trademarks and References

Without the Agency’s prior consent, the Client is not entitled to use the Agency’s company name, trademarks or logos outside the scope of the agreed collaboration.

The Agency is entitled to use the Client’s name and logo as well as already published work products for reference purposes, unless the Client has expressly objected to such use or legitimate confidentiality interests prevent it.

10. Liability and Warranty

By approving work, the Client assumes responsibility for the technical, substantive and functional correctness of the approved content reviewed by it, including, in particular, texts, images, products, statements, data and other materials.

To the extent permitted by law, the Agency shall not be liable for defects that were apparent at the time of approval and were not objected to by the Client.

Apparent defects must be notified to the Agency immediately, but no later than 30 days after delivery, in writing or by email.

Hidden defects must be reported no later than 14 days after their discovery.

In the case of defects reported in due time and for which the Agency is responsible, the Agency shall initially have the right to carry out reasonable rectification.

An appropriate reduction in remuneration may be requested if rectification is unsuccessful or refused by the Agency. Rescission of the contract is excluded to the extent permitted by law.

As a general rule, the Client may only remedy a reported defect itself or have it remedied by a third party after the Agency has unsuccessfully attempted rectification, unless immediate remedy is necessary to prevent substantial damage.

The Agency shall be liable for damage caused intentionally or through gross negligence. Any further limitations of liability shall apply only to the extent permitted by law.

11. Confidentiality

Both Parties undertake to treat as confidential all confidential business, technical and other information of the respective other Party that becomes known to them in connection with the collaboration and not to make such information accessible to third parties.

This obligation shall continue to apply after termination of the collaboration.

Information shall not be considered confidential if it is generally known or publicly accessible, was already lawfully known to the receiving Party, was lawfully disclosed by a third party without an obligation of confidentiality, or was developed independently of the confidential information.

Any separate confidentiality or non-use agreements entered into between the Parties shall remain unaffected and shall form part of the respective contractual relationship.

12. Client’s Information, Advance Performance and Cooperation Obligations

The Client shall provide the Agency in good time with all information, documents, data, access credentials, decisions and other cooperation required for the performance of the Individual Agreement.

The Agency assumes no responsibility for materials and content provided by the Client, in particular with regard to their substantive accuracy or the necessary copyright, trademark, personality, music, image, film or other rights.

The Client shall ensure that all advertising materials, files and data provided by it comply with the agreed technical specifications.

If technical requirements are not met, the Agency may suspend processing, publication or delivery until the materials have been properly provided.

The Client shall bear any additional costs and delays resulting from information or materials being provided late, incompletely or inadequately.

In the event of delayed cooperation by the Client or subsequent changes to the assignment, the Agency may adjust agreed deadlines accordingly. In such cases, the Client shall have no entitlement to compliance with originally agreed deadlines.

The Client grants the Agency all rights required for the contractual use of the content provided for the duration and scope of the respective assignment.

Timely performance of the contract is conditional upon the Client fulfilling its cooperation and advance performance obligations in good time.

13. Data Protection

The Agency processes personal data in accordance with the applicable data protection legislation, in particular the Swiss Federal Act on Data Protection (“FADP”) and, where applicable, the General Data Protection Regulation (“GDPR”).

Where the Agency processes personal data solely on behalf of and in accordance with the Client’s instructions, it acts as a processor.

The Client warrants that the personal data transmitted to the Agency has been collected lawfully, may lawfully be disclosed to the Agency for processing and that the instructions given comply with applicable data protection law.


Where required due to the nature, scope or subject matter of the data processing, the Parties shall enter into a separate data processing agreement (“DPA”). In particular, such DPA shall regulate the subject matter and purpose of the processing, rights to issue instructions, confidentiality, technical and organisational security measures, the use of subprocessors, assistance in connection with data subject rights and data breaches, the return and deletion of data, and any transfers of data abroad.

In the event of any conflict between such DPA and these GTC, the data protection provisions of the DPA shall prevail.

The Agency shall retain personal data only for as long as necessary for the respective processing purpose or as required by statutory, regulatory, tax, accounting or other retention obligations.

Where personal data is transferred abroad, the Agency shall ensure that the applicable statutory requirements are met. Where required, appropriate safeguards shall be used, in particular recognised standard contractual clauses.

14. Data and Registrations

At the Client’s request, and no later than upon termination of the respective Individual Agreement, the Agency shall provide the Client with the work products created within the scope of the assignment in a customary reproducible industry format, provided that the Client has fully paid the remuneration due in this respect and holds the corresponding intellectual property or usage rights.

Where the Agency has registered trademarks, designs, domain names or social media accounts in its own name but on behalf of the Client in connection with the Individual Agreement, it shall arrange for their transfer at the Client’s request, provided all related amounts due have been paid.

15. Retention and Destruction of Documents

As a general rule, the Agency shall keep project-related working files and draft data available until the Individual Agreement has been fulfilled or the respective project has been completed.

Unless otherwise agreed in the Individual Agreement and unless statutory retention obligations apply, the Agency is not required to permanently archive Client data or work products following completion of the project.

Following expiry of statutory or contractual retention periods, the Agency is entitled to delete or destroy the Client’s data and documents, including related communications, in analogue or digital form.

The Agency is not required to permanently retain or provide the Client with internal working documents, drafts, notes or internal communications.

16. Contract Term and Termination

The term of the contract shall be determined by the respective Individual Agreement.

Unless otherwise agreed therein, an Individual Agreement entered into for an indefinite period may be terminated in writing or by email by giving three months’ notice to the end of a calendar month.

The right to terminate for good cause with immediate effect remains unaffected.

Services already provided, third-party costs already incurred and binding commitments entered into with third parties must be paid in full upon termination of the contract.

17. Assignment

The Client may not transfer or assign, in whole or in part, an Individual Agreement or any claims, rights or obligations arising therefrom to a third party without the Agency’s prior written consent.

The provision in Section 5 concerning transfers within the Agency’s group of companies remains unaffected.

18. Severability

Should individual provisions of these GTC or an Individual Agreement be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions.

The Parties shall replace the invalid or unenforceable provision with a permissible provision that comes as close as possible to the economic purpose of the original provision.

The same shall apply to any contractual omissions or gaps.

19. Governing Law and Jurisdiction

All Individual Agreements and these GTC shall be governed exclusively by the substantive laws of Switzerland, excluding its conflict-of-law rules.

The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (“CISG”) shall not apply.

To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising out of or in connection with an Individual Agreement or these GTC shall be Zurich, Switzerland.

Version: August 2026