1. Services of Creative Studio Tinner

As part of an assignment, we provide services to the client in the areas of communication and marketing consulting. We undertake to carry out the tasks entrusted to us carefully and conscientiously.

2. Intellectual Property, Usage Rights, Contractual Penalty

The client expressly acknowledges the intellectual property of Creative Studio Tinner, in particular the copyright to all services and works created by us within the scope of the collaboration, including but not limited to concepts, concept exposés, design and presentation proposals, texts, images, audio, graphic work, websites, photographs, films, labels, packaging, brands, logos, signets and similar materials.

After full payment of the agreed fee, the client may use the services and works created by us for the purposes defined in the project. Any further use outside the defined purposes requires our written consent and is subject to additional compensation.

Usage rights for advertising materials intended for long-term use, such as packaging, labels, brands, logos, signets and lettering, shall transfer to the client without restriction in terms of time and territory after full payment of the agreed fee. No usage rights are granted for presentations or presentation proposals created by us, unless we are commissioned to execute a specific presentation proposal. The client shall continue to have no usage rights to presentation proposals that are not pursued further.

In the event of any use of our intellectual property in breach of contract, the client shall owe us a contractual penalty of at least CHF 10,000 per violation. We reserve the right to claim further damages. Payment of the contractual penalty does not remove the prohibition of the use that is in breach of contract.

3. Materials

Print files, images and audio recordings are stored in the formats and on the data carriers commonly used at the time of creation for at least five years. The materials shall be handed over to the client upon request, provided that the client has fully complied with all contractual obligations towards us. If the client does not make use of the right to receive the materials, we may destroy them without further consultation after expiry of the above-mentioned retention period.

The client shall owe us reasonable compensation for handing over the materials, covering our efforts for retrieving, preparing, copying and sending them. The handover of materials to the client does not include the release of any usage rights.

All materials created by us are professionally prepared for further processing. If the client further processes materials created by us, such as lithographs, photographs, slides, texts or electronic files, under their own direction, we shall not be liable for any errors in reproduction after the materials have been handed over.

4. Purchased Data

Photographs, images, vector graphics, video clips, fonts and similar materials purchased by us within the scope of an assignment, hereinafter referred to as “purchased data”, are subject to separate licence and/or usage terms of the respective databases, providers, photographers, illustrators, agencies and other rights holders, hereinafter referred to as “providers”.

Upon transfer of the data to the client, the client assumes sole responsibility for compliance with the applicable terms, in particular licence and/or usage terms, of the respective providers. This includes obtaining the necessary usage rights, paying for such rights and complying with all relevant conditions. The client shall fully indemnify us against any claims made by the respective providers.

“Use” includes, among other things, copying, reproducing, modifying, editing, synchronising, performing, displaying, broadcasting, publishing or otherwise using the purchased data. The client specifically acknowledges that the purchased data may need to be properly relicensed for their own use or for use by third parties in accordance with the licence and/or usage terms of the respective providers.

To the extent permitted by law, we exclude all liability for the delivery of purchased data, including liability for direct or indirect damages, consequential damages and loss of profit.

5. Delivery Deadlines and Dates

Delivery dates shall only apply if the required documents and information are received by us as agreed and if the client also meets the agreed deadlines.

We accept no liability for delays caused by late submission of client materials, change requests from the client, extensions to the originally agreed scope of work or circumstances for which we are not responsible, such as operational disruptions, power shortages, epidemics, pandemics or any other cases of force majeure.

6. Complaints

Complaints must be submitted to us in writing immediately after receipt of the work and/or products. Complaints relating to services provided by third parties, which we merely arranged as an intermediary, are not our responsibility. In such cases, we will act as an intermediary to support a fair solution between the client and the third party, but we cannot be held liable for any resulting damages.

In all cases, by signing the approval for execution, the client assumes full responsibility for the form, colour and content of all advertising and communication materials. As the creative studio, we are only responsible for the conceptually and technically professional execution.

7. Fees

Unless otherwise agreed in writing, our fees are calculated based on time spent and our hourly rates, plus VAT.

The first meeting and a subsequent simple quotation are free of charge for the client and non-binding for both parties. All activities by Creative Studio Tinner following the first meeting are subject to a fee.

Participation in tenders or pitches, including presentations, is subject to a fee and is calculated according to the recommendations of the professional associations ASW and Leading Swiss Agencies or according to a separate agreement. If one of our presentation proposals is selected by the client, the work carried out by us in connection with this presentation proposal before the award shall be credited appropriately.

The usage rights to presented proposals or parts thereof remain with us. They may only be used by the client with our express consent and only after the agreed fee has been paid in full.

Our expenses for consumables, software licences, server and cloud costs, technical equipment, data security and data archiving are covered by a flat-rate fee of 5% of the total fee amount. All other expenses, such as travel costs and courier services, are charged at cost. Train travel is charged at first-class Half Fare rate, and car travel at CHF 0.75 per kilometre.

The fee and reimbursement of expenses are exclusive of VAT at the applicable rate and are subject to VAT unless a statutory exemption applies.

8. Commissions

The client expressly agrees that, when placing orders with third parties, we are entitled to receive commissions from service providers and expressly waives any right to the transfer of such commissions.

9. Payment Terms

We are entitled to issue interim invoices. The amount of an interim invoice is generally based on the services we have provided up to the time the invoice is issued.

Interim invoices are payable net within 10 days of receipt. Final invoices are payable net within 30 days of receipt. We are also entitled to request an advance payment, which will be credited against the next invoice or final invoice.

The client is not entitled to reduce or withhold payments due to complaints that have not been accepted by us. We reserve the right to temporarily suspend work if the client is in default of payment.

10. Orders to Third Parties

We place orders with third parties in the name and for the account of our client. Invoices from third parties are either:

a) reviewed by us and forwarded to the client for direct payment, or
b) paid by us and recharged to the client.

We accept no responsibility for claims from third parties that are invoiced directly to the client. For claims from third parties that are paid by us and recharged to the client, we charge a handling fee for our advance payment and administrative effort.

11. Reduction or Cancellation of the Assignment

If an assigned project is reduced or cancelled, we are entitled to invoice the work already performed based on time spent, as well as any expenses, third-party advance payments and expense reimbursements.

In addition, in the event of cancellation of the assignment, we have the right to use the work already performed for other purposes. In such cases, all usage rights remain fully with us.

12. Liability

To the extent permitted by law, our liability is excluded.

We are also not liable for the patentability, copyright protection, trademark protection or registrability of ideas, suggestions, proposals, concepts and designs delivered within the scope of the assignment.

We are not liable for defects arising from deliveries and services provided by third parties involved in the project, nor for damages resulting from such deliveries and services.

We are also not liable for the protectability or legal admissibility under competition law of the proposed advertising measures. The client assumes responsibility for ensuring that the advertising measures they choose comply with competition law, in particular with lottery law and personal rights protection.

13. Self-Promotion

Creative Studio Tinner is entitled to use all created works for self-promotion purposes in all media, including competition submissions and campaigns, and to describe these works and otherwise refer to the work carried out for the client.

14. Partial Invalidity

The partial invalidity of individual provisions of these Terms and Conditions shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally permissible provision that is economically equivalent and corresponds as closely as possible to the meaning and purpose of the invalid provision.

15. Applicable Law and Place of Jurisdiction

The relationship between the client and us is governed exclusively by substantive Swiss law, excluding international private law and the United Nations Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction is St. Gallen, unless mandatory law provides for another place of jurisdiction. However, we are also entitled, at our discretion, to take legal action against the client at the client’s place of residence or registered office.

Version 07/2026