Terms and conditions
When carrying out mandates, The Digital Moon agency can count on specialized external stakeholders.
In this context and on behalf of its clients, The Digital Moon agency orders hundreds of services, products and advertising space in Switzerland and abroad.
Since its foundation, The Digital Moon agency has never encountered the slightest dispute or problem with its clients, partners and suppliers.
We would like to thank our customers, suppliers and partners for this excellent and honest collaboration.
The general conditions which can be found on the The Digital Moon website are intended to specify certain aspects of the collaboration in order to avoid any conflicts or misunderstandings.
In any case, dialogue, honesty, sincerity, common sense, good faith and customer service are the values that will always be privileged by The Digital Moon and, we hope, by all our customers, partners and suppliers.
If any points of these terms and conditions require clarification, please do not hesitate to contact us to discuss them.
These general conditions apply to all orders for service (s) and / or product (s) made with The Digital Moon agency.
The order of products / services from The Digital Moon agency is subject to acceptance by the customer and constitutes acceptance, without any reservation by the latter, of all the general conditions of The Digital Moon and its partners and suppliers.
The buyer's acceptance is acquired by his oral or written agreement following receipt of the offer.
This is equivalent for the buyer to acknowledge that he has read and approves all the general conditions of sale of The Digital Moon and its partners as well as its subcontractors.
These general conditions are freely available on: https://www.thedigitalmoonagency.com/general-conditions
The quotes from The Digital Moon clearly state at the footer:
By validating the order, the customer accepts the general conditions of The Digital Moon and its partners under: https://www.thedigitalmoonagency.com/general-conditions
Offers | Communication budgets
Unless otherwise indicated, the price calculations of the offers are based on complete documents and data, as well as on absolutely clear indications which cannot lead to misunderstandings concerning the content, form and dimensions of the services to provide.
These indications are binding on the parties.
In general, subcontractor offers are included in the overall communication budgets of The Digital Moon.
Communications offers and budgets may be subject, at the time of execution, to modifications in the event of variations: in quantities, distribution areas, additional working time to be provided or any other change not known at the time of their establishment.
Offers made on the basis of imprecise data, or in the absence of documents, can only be indicative and do not commit The Digital Moon agency or its partners and suppliers.
Offers without a validity period lose any obligation to respect the prices after 60 days.
Contract | Services
The Digital Moon agency undertakes to provide communication services, the content, presentation, price and associated costs of which will have been the subject of a prior agreement with the client.
Each of the parties to this contract undertakes in its own name and that of its employees to consider confidential, during the term of this contract and after its expiry, information on the company, documents, communication concepts, strategies marketing, software, know-how from the other party of which it may have become aware during the execution of this contract, and not to use them outside the needs of this agreement.
Price | Financial conditions
The prices offered or confirmed, in the absence of any other agreement, are understood to be net, plus VAT.
The prices are subject to a possible increase in the cost of raw materials or an increase in the salaries of suppliers resulting from the application of the collective employment contract which could occur before the completion of the order.
The price changes brought to the attention of The Digital Moon are announced to the ordering party.
- Unless otherwise agreed, payment will be made as follows: the first 50% of the total price after signature, the other 50% at the end of each service required.
- Payments in installments (down payments) during the work can be requested
- Balance upon provision of the service (net at 10 days)
Invoices (excluding deposits payable upon receipt), unless otherwise agreed, are to be paid within 10 days.
We reserve the right to agree on payment terms other than those of these GTC.
Offsets and deductions are excluded.
For any late payment, one is authorized to charge a default interest of 8% per annum.
Prosecution costs: if a request for a prosecution requisition becomes necessary, an administrative fee of CHF 140.00 HT will be billed to you in addition.
Technical or quantity requested changes subsequently may result in a change in the price of the offer.
By placing an order, the customer waives any right to set-off and retention. In particular, it is not authorized to withhold payments because of complaints.
The customer is fully responsible for the payment of the amount of The Digital Moon invoice and the external service providers commissioned to carry out and distribute his communication.
Orders for services to external suppliers by The Digital Moon
All orders from The Digital Moon agency to external service providers are made as the client's agent. In the name, order and on behalf of the customer.
The responsibility for the payment of services ordered under mandate by The Digital Moon “In the name, order and on behalf of the customer” rests entirely with the customer.
As the client's agent and ordering and on behalf of the latter, in any case, The Digital Moon agency can not be held responsible for a default of payment by the client and any amount due to suppliers external by the customer cannot be claimed from The Digital Moon.
Suppliers are responsible for accepting or rejecting a The Digital Moon order from and on behalf of a customer. They are responsible for assessing the creditworthiness of the end customer. If in doubt, they can give up work or ask to be paid up front.
The intermediary role of The Digital Moon consists in advising and offering the client qualified and specialized companies (photographers, video, printers, distributors, media, presses, etc.) for the realization of global communication campaigns.
After acceptance of the overall communication budget by the client, The Digital Moon orders the services from the suppliers, in the name, on behalf of and on behalf of the client. The latter freely and contractually undertakes to pay these service providers and to apply their general conditions.
Therefore, in the event of a dispute over the performance of the work or deadlines not met, the customer must take action against the company responsible for required work.
While the work is being carried out, the role of The Digital Moon consists of monitoring the service providers and ensuring that the work corresponds to its order and the communication plan, on behalf of the customer.
If to honor its advice and work preparation services, external service providers choose to grant agency commissions to The Digital Moon, these belong entirely to The Digital Moon agency. The agency does not have to inform its clients and / or partners of the obtaining of any agency commissions acquired, as part of its advisory and intermediary work, when ordering orders and for on behalf of its constituents.
Pass proof, test proof, customer agreement
The Digital Moon and its partners provide testing models. The customer undertakes to carry out a careful examination of his prototype and to accept it within a very short time (often a few hours) from its delivery, respectively to report any changes that should be made.
As soon as these modifications have been made, the customer tacitly accepts the proof and thus gives his firm agreement for the printing and / or for the distribution of his communication.
In general, the client is entitled to 2 rounds of corrections. After these two rounds of corrections, subsequent modification requests may be chargeable and invoiced to the customer. Author's corrections may also be subject to invoicing.
Corrections and modifications requested by telephone must be confirmed by the client within 24 hours and in writing, otherwise the responsibility of The Digital Moon agency and its service providers is released.
In the event that it is agreed not to present control and examination documents or if the ordering party agrees to the printing and / or distribution directly, without these control documents, the customer bears the cost of entire risk.
The information contained in the proof and on its communication (texts, photos, illustrations, slogans, etc.) are the responsibility of the customer.
He must control them carefully (addresses, telephone numbers, texts, layout, images, compliance with the legislation of its content, etc.) and his agreement for printing and distribution is the confirmation that everything is in order for him and that the agency can print and / or distribute his communication.
The Digital Moon agency and its specialized service providers cannot be held responsible for any errors (spelling, missing text, image problem, layout problem, mismatch with legislation, etc.) noted after the printing and / or distribution and not notified by the customer.
No compensation can be demanded for errors, whatever they may be, which were not notified by the customer at the time of the proof and which are noted after the printing or distribution of the communication.
Delivery times, whether written or oral, are given for information only.
The Digital Moon agency does everything possible to offer the shortest possible delivery times, however the necessary documents (texts and illustrations, lithographs, manuscripts or data carriers, proofs, etc.) must reach it. within the set times. The agency is not responsible for delays due to the client.
The deadlines being given as an indication, the customer cannot evoke an overrun of the deadline to end his collaboration with The Digital Moon, nor demand any compensation.
If the customer refuses to provide the essential elements requested (access codes, logo, texts, images) or if he does not validate his "proof" within a reasonable time (from a few hours to 5 days), his communication will be delivered to him without these elements and without its validation and invoiced. Therefore, the customer agrees to pay the entire service, net within 10 days.
Conservation of Works | Data archiving
Unless otherwise agreed in writing, The Digital Moon agency and its partners are not required to archive, keep and / or return to clients the works and achievements, the data and their media, the tools, programs and any other means of production or realization (files, images, images or vectors purchased for the client, films, electronic documents, print files, editing files, etc.).
Only the raw material and the data supplied by the customer can be returned if he requests it within a reasonable period of time (at the latest 3 months after the delivery of its realization). Knowing that The Digital Moon and its partners do not archive customer data, but can keep them for a short period of time, without any guarantee for the customer.
The Digital Moon agency and its partners decline all responsibility in the event of loss of customer data as well as their achievements, following a breakdown of servers and / or storage disks.
As part of its services to improve the visibility of your website on search engines, The Digital Moon performs numerous operations in the code of your site and intervenes on external sites.
This work optimizes the SEO of your site and improves its visibility on search engines. However, the algorithms of these search engines are constantly changing, which is why it is impossible to guarantee the client a position with a given keyword or to predict, in advance, the result of this SEO work with any certainty.
The Digital Moon agency cannot be held responsible for any deindexing of your website or any loss of positions (regression).
As part of a referencing mandate, we cannot be held responsible in the event of penalties suffered by your website on a search engine and the losses that this could cause.
You accept that your website may be referenced in sites that you have not chosen and you cannot ask us to remove it. We do not position the sites of people or companies who do, will or wish to do SEO for third parties.
By mandating The Digital Moon for the referencing of your website, you agree not to do any referencing for third parties and not to transmit our referencing methods to external agencies.
Copyright | Copyright
Copyright for services relating to the creation, purchase and rental of images, films and illustrations, rental of addresses or arrangement is determined in accordance with legal regulations.
Images, illustrations, sounds and films purchased from image banks or from photographers have limited rights of use. In most cases, and unless otherwise agreed in writing, the customer may not use these images, films and illustrations for any other use than that initially intended by The Digital Moon agency and the customer during the purchase / sale and the rental of these elements.
Any further use can only be made with the express consent of the The Digital Moon agency and the copyright owners.
Internet advertising | Google Ads, Facebook, Linkedin, Instagram
As part of the creation of Google Ads and Facebook Ads campaigns, your Google Ads and Facebook Ads account will be included in The Digital Moon multi-accounts. In the case of Facebook Ads, the advertising account will be created from your personal account and The Digital Moon specialist will be added as an administrator for its implementation. So you will have full control over your company's advertising account and optimized campaigns at all times.
For better optimization of your campaign, we recommend that you integrate Google Analytics into your website.
It is recommended that your Google Analytics account be shared with The Digital Moon in order to improve the results of your advertising campaigns on the internet.
The Digital Moon cannot be held responsible for the automatic decisions of Google, Facebook or other publishers regarding the price per click (bidding), the position of the ads, their refusal and / or their non-delivery.
Management and optimization of digital campaigns
As part of the management and optimization of your digital campaigns, for example Google Ads, Google Display, Instagram, Linkedin or Facebook, you benefit from a contract for a specific period defined in the offer. After the initial period defined in the offer, management and optimization can be extended for a minimum extension period of 1 month.
In the event of early termination by the customer, all due dates are due to The Digital Moon, for the entire duration of the contract and until its expiry.
Our digital campaign management and optimization secrets must under no circumstances be disclosed to third parties active in the creation and management of digital campaigns.
In the event of manipulation of the account or digital communication accounts by the customer or by a third party appointed by the customer, our responsibility will be excluded and exempt for any damage or request for repair.
Digital marketing collaboration in cost / profit sharing
The Digital Moon can offer the client the option of autonomously managing advertising campaigns. In this case, the elements below must be defined between The Digital Moon and the customer:
- sharing of the costs of commissioning and managing digital campaigns as well as distribution costs.
- profit sharing on sales made on the online store to which advertisements will redirect people.
Ads will feature content owned by the customer. The Digital Moon cannot be held responsible for the content displayed on the website or in advertisements. As soon as the announcements are published, the customer will be directly informed and will be responsible for notifying The Digital Moon any incorrect or illegal content. In this case The Digital Moon will then modify the content according to the client's instructions.
This type of collaboration can be stopped at any time by The Digital Moon or by the customer.
Monthly communication and marketing consulting packages
As part of your monthly marketing and communication consulting package, you benefit from support according to a defined number of hours per month.
This contract can only be terminated after the first two months of consulting, by mail received by the agency no later than 2 weeks before the expiry of the 2 months.
Without receiving a termination, your monthly communication and marketing consulting package contract will be tacitly renewed for 2 months in 2 months.
In the event of early termination by the customer, all monthly installments are due to The Digital Moon for the entire duration of the contract and until its expiration (end of the current two-month period).
Refusal to take delivery of the products
If the customer, duly informed, does not take delivery of his goods within a suitable time, the The Digital Moon agency is entitled to invoice it; he may store it, at home or elsewhere, at the expense and risk of the customer.
Content, legality and rights
The content, including those produced by The Digital Moon, belongs to the client, he must comply with the legislation in force within the framework of his activity (in particular for doctors, lawyers, dentists, notaries, etc. .) and in the countries where it broadcasts its communication.
The Digital Moon can in no way be responsible for the content distributed to the customer. It also cannot guarantee that its content is legal and that it does not contravene a legal or official ban. Any licenses, rights of use or authorizations, in particular concerning visual content such as images or videos, are entirely the responsibility of the customer.
It is the client who must take all the necessary steps to be certain that its content and its means of distribution are in conformity with the law and the practices of its branch.
The Digital Moon declines all responsibility, in any form and for any reason whatsoever, for any damage of any kind whatsoever, particularly in connection with access (or the impossibility of access) to the site, the spread of viruses, Trojans and any malicious code or the use (or non-use), in any form whatsoever, of information appearing on customer sites.
The Digital Moon cannot be held responsible for material or immaterial damage that could be caused by access to the information disseminated or by its use or non-use, by the misuse of communication or by technical problems.
In any case, especially in the event of negligence, The Digital Moon agency can not be held liable for direct, indirect or consequential damages resulting from the consultation, exploration, use or inability to use the communication of its customers.
Customer's Data Ownership
Any rights to electronic data and copyright are preserved.
Unless otherwise agreed, The Digital Moon agency is not required to save, archive or return the data made available to it.
Retention of title
The client grants The Digital Moon agency the right to display his name / logo and / or the words "Realization: www.thedigitalmoonagency.com " and internet links on the websites and all advertising creations and to refer to it on its own site.
The customer is the owner of the website, the web application and its communication (excluding work files) from the moment 100% of the invoices are paid.
Otherwise, The Digital Moon and its possible service providers remain the sole owners of the developed site, the print files and all the creations, until full payment for the service.
Creative material, computer files providing
The Digital Moon agency has no problem with the client with print PDF files created for them. For reasons of trade secrets, non-disclosure of know-how and copyright the working files are not provided to the customer (for example the Indesign, Illustrator or Photoshop files).
This is why (unless otherwise agreed in writing), the means of creation and all the computer files acquired and created by The Digital Moon or its service providers (data carriers, electronic data, sketches, work files, computer files, etc.) remain the property of The Digital Moon and / or its external service providers.
Print PDFs are delivered to the customer. The work files used to create the print files or images do not belong to the customer in any way.
If the client wishes to receive work files, he must make a written request to The Digital Moon no later than 3 months after receipt of its realization. Knowing that The Digital Moon and its partners do not archive any customer data or work, but can keep them, to please them for a short time, without any guarantee of conservation or restitution for the customer.
On a case-by-case basis and without any guarantee, The Digital Moon agency and its possible external service providers will decide whether work files exist and whether they can be sold to the client. The purchase of these work files and know-how, research, unarchiving and file transmission services are payable and payable by the customer.
Additional costs incurred by the customer or an intermediary representative in relation to the offer (author's corrections, additional requests, increase in quantity, etc.) will be invoiced additionally.
Usual tolerances in the graphic arts
The usual tolerances in the industry in terms of execution and material remain reserved, in particular with regard to cutting precision, reproduction fidelity, colors and the quality of printing media (papers, boxes, etc.).
All the tolerances imposed on the The Digital Moon agency by its suppliers are also applicable to its customers.
The customer assumes responsibility for any faults arising from the use of a supplier, a support and / or a system chosen and imposed by him.
Delivery in excess or in less
Unless prior agreement between The Digital Moon agency and its client, a margin of up to 10% - 20% for special equipment - in addition or in less than the quantity ordered cannot be disputed.
The quantity actually delivered will be invoiced.
If the customer needs a minimum quantity, below which The Digital Moon agency must not deliver, it must be clearly specified when requesting a quotation and recalled when ordering.
Conservation and archiving of documents
Unless explicitly agreed in writing, The Digital Moon agency and its partners are not required to keep and archive the works, working documents and elements (logos, illustrations, electronic files, images, films , texts, etc.) produced for or provided by the customer.
The access codes, passwords, user names of the client and of his site are not kept by the agency The Digital Moon or by the Internet designer.
The Digital Moon agency and its partners assume no responsibility in the event of loss of data or deterioration of working documents and computer files entrusted by the client.
The customer is obliged to keep the original data and, as far as possible, to transmit only copies.
Termination of the contract
The Digital Moon reserves the right to terminate, without formality and without compensation, this contract in the event of non-compliance with one of the clauses of these general conditions of sale. The customer not having respected these general conditions of sale bears all the consequences of the termination.
Regarding the management and optimization of digital campaigns, in the event of early termination by the customer, all due dates are due to The Digital Moon, for the entire duration of the contract and until its expiry.
The customer can request the termination of his contract against payment of all his financial obligations as well as the hours already worked for the realization and implementation of his communication.
The sums already collected remain with The Digital Moon agency.
Products and services delivered must be checked upon receipt by the customer. All complaints regarding quality and quantity must be made, in writing, within 8 days of receipt of the goods, failing which the services and / or products delivered are considered compliant.
The Digital Moon agency does not take responsibility for any commercial damage it may have created by providing its services.
These GTC and those of the service providers commissioned to carry out the customer's communication are the only conditions applicable to the offers submitted as well as to all the mandates entrusted to The Digital Moon agency and its partners and suppliers.
The client hereby expressly waives any other general terms and conditions and unambiguously acknowledges the GTCs of The Digital Moon and its suppliers.
Deviating or additional provisions are only valid in written form, duly signed.
These T & Cs cancel and replace previous versions.
Accuracy, completeness and timeliness of information
The Digital Moon agency is not responsible if the information made available on this site or on promotional posters is not accurate, complete or current. The content on this site is provided for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the content of this site is at the customer's own risk only. This site may contain certain historical information. Historical information, necessarily, is not up to date and is provided for reference only. The Digital Moon reserves the right to modify the content of this site at any time, but has no obligation to update the information contained on the site. The client agrees that it is their responsibility to monitor changes to the site.
In the event of difficulties or disagreements between the parties during the interpretation, execution or termination of this agreement, the parties agree to seek an amicable solution in the spirit of this contract.
Jurisdiction / Courts
Unless otherwise specified, the ordinary courts of the canton of domicile of The Digital Moon agency have sole jurisdiction for any dispute that may arise between the client and The Digital Moon agency concerning the interpretation and execution of their contract as well as the these general conditions.
All legal transactions with The Digital Moon agency and all contractual disputes with the client are exclusively subject to Swiss substantive law.
In the absence of other binding rules imposed by a Swiss legal standard, for any dispute that may result from, or in relation to contracts to which these GTC apply, the District Court of the place of residence of the agency The Digital Moon is competent. Swiss law is exclusively applicable. If one of the clauses of these GTC was vitiated, this would in no way affect the validity of the other clauses.
The Digital Moon agency nevertheless unilaterally has the right to act on the principal in its ordinary legal forum.