Terms and conditions

These terms govern the graphic design and web development services provided under the trading name PurpleLab Design. They apply from acceptance of a quote.

They are addressed exclusively to business clients, not to consumers.

The contract concluded with the client prevails over these terms: where they conflict, the contract governs; on points these terms do not cover, or cover incompletely, the contract likewise governs. These terms therefore apply only in the absence of any contrary stipulation.

The client’s purchasing terms do not apply unless accepted in writing.

The client may not assign the contract, or the rights arising from it, without the studio’s prior written consent.

Every enquiry receives a written quote setting out the scope, deliverables, schedule and amount. Unless stated otherwise, it is valid for thirty days.

The contract is formed by written acceptance of the quote, email included. Anything not in it is not part of the scope.

Services are performed according to professional standards and the state of the art at the time of performance.

The method follows the size of the project. The agreed process, the number of revision rounds included and the deadlines are set out in the quote.

Any request outside the agreed scope is quoted separately before it is carried out.

The studio may entrust all or part of the work to third parties — printers, developers, hosting providers, photographers — and remains responsible to the client for the result.

The client supplies in good time the necessary material: copy, images, logos, technical access and information about their business.

They warrant that they hold the rights in the material they supply. They indemnify the studio against any third-party claim based on that material, including the cost of defending it.

Delays caused by late material or missing approvals push the schedule back accordingly.

If the client remains more than thirty days without responding to a request for approval or material, the project is deemed suspended. Work already performed is invoiceable and resumption is rescheduled.

Deliverables are made available to the client for approval.

They are deemed accepted if the client does not raise written, reasoned objections within ten working days of them being made available (art. 370 CO).

The number of revision rounds included is set out in the quote. Beyond that, corrections are charged at the hourly rate stated there.

Changes requested after acceptance are quoted separately.

Amounts are set out in the quote and are in Swiss francs. The applicable VAT treatment is stated in the quote or on the invoice.

The invoicing schedule and any deposits are set out in the quote.

The price falls due on delivery. Where partial deliveries have been agreed, the price of each part falls due on delivery of that part (art. 372 CO).

Unless stated otherwise, invoices are payable within thirty days of their date.

The client may set off their claims against the studio’s only with the studio’s written consent, or where their claim is admitted or established by a court.

The payment period is an agreed due date: on its expiry the client is in default without any reminder being necessary (art. 102 para. 2 CO).

Default interest of 5% per year runs from the due date (art. 104 CO).

From the second reminder onwards, a flat fee of CHF 30 per reminder is due. The actual costs of recovery and debt enforcement are borne by the client in default (art. 106 CO).

While payment is outstanding, work in progress may be suspended after a written reminder. Agreed deadlines are extended accordingly and the client may not rely on that postponement.

Services billed monthly — hosting, domain name, maintenance, content updates — are provided for the term set out in the contract.

The minimum term, the notice period and the renewal arrangements are set out in the contract signed with each client.

Recurring prices may be adjusted once a year on two months’ written notice. A client who does not accept the adjustment may terminate with effect from the date it takes effect.

In the event of default, the site may be taken offline after a written reminder and a further period of ten days, until payment is made.

At the end of the term the client keeps the site files and the rights transferred to them. Transfer of the domain name and hosting to an account in their name is arranged on request, once invoices due have been settled.

Economic rights in the work produced for the client transfer to them once the agreed price has been paid in full, for the uses and extent defined in the quote.

Until payment in full, no right of use is granted: the work delivered, including intermediate versions and mock-ups, may not be exploited in any form.

Open source files are handed over. Pre-existing internal tools, templates and components remain the property of their author; the client receives a right of use for the project concerned.

Typefaces, images and other third-party licensed material remain subject to their own licences, which are the client’s responsibility.

The transfer is subject to the reference and promotion right set out in the following clause.

Work produced for the client may be reproduced, shown and distributed for reference, promotional and prospecting purposes: on this site, in a portfolio, in presentation material, at competitions and awards, and in the trade press.

This right covers the work itself together with the client’s name and logo, for the sole purpose of identifying the project. It is non-exclusive, unlimited in time, and carries no payment either way.

Nothing is published before the client has made the project public themselves, nor anything the client has designated in writing as confidential.

The client may withdraw this right at any time in writing. Withdrawal takes effect for the future and does not require material already printed or distributed to be recalled.

Where hosting and the domain name are managed for the client, they rely on third-party providers. Their availability is a matter for those providers: no guarantee of permanent availability is given.

Where the client manages their own hosting and domain name, they bear the cost and the responsibility. Handover documentation is provided.

Liability for damage caused intentionally or by gross negligence cannot be excluded (art. 100 CO).

Otherwise, liability is limited to the amount actually paid by the client for the service concerned. Indirect damage — lost profit, loss of data, loss of custom — is excluded.

The client’s claims for defects lapse twelve months after acceptance, save for defects deliberately concealed.

No guarantee is given as to the commercial results of any service: traffic, search engine ranking or turnover.

The client is responsible for the content they publish and for its compliance with applicable law.

Neither party is liable for a failure caused by an unforeseeable and insurmountable event beyond its control.

Deadlines are suspended for the duration of the impediment. If it lasts more than sixty days, either party may terminate the contract in writing; work performed remains payable.

Each party keeps the other’s non-public information confidential, subject to the reference and promotion right.

The processing of personal data is described in this site’s privacy policy.

The client may terminate the contract at any time before the work is completed. They then pay for the work performed and indemnify the studio for the agreed balance, in accordance with art. 377 CO. The contract may fix that indemnity in advance.

In the event of a serious breach by one party, the other may terminate the contract in writing after allowing a reasonable period to remedy it.

In every case, work already performed remains payable.

Swiss law applies, excluding its conflict-of-law rules and the Vienna Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction is Fribourg, subject to mandatory provisions.

These terms may be amended; the applicable version is the one in force when the quote is accepted.