Valid from 2025, governed by Swiss law
For readability, gender-specific wording is avoided throughout all texts and documents issued by Yoline AG. All gender terms apply equally to all persons.Yoline uses digital tools and AI systems to increase efficiency. The agency remains responsible for the final quality of all deliverables.
1.1 These General Terms and Conditions (GTC) govern all contractual relationships between Yoline AG (hereinafter “the Agency”) and its clients. They apply to all services in the fields of strategy, marketing, communication, digitalization, software development, hosting, server operation, project management, and content creation (photo, video, music, text).
1.2 Deviating or supplementary terms and conditions of the client shall only apply if they have been expressly accepted in writing by the Agency.
1.3 Changes to these GTC will be communicated to the client at least 30 days prior to their effective date. Unless the client objects in writing within this period, the changes shall be deemed accepted.
1.4 Legally binding declarations must be made in writing. Electronic communication (email, electronic signature, or platform correspondence) is considered equivalent to written form.
1.5 Should any provision of these GTC be invalid or unenforceable, the remaining provisions shall remain valid. The invalid provision shall be replaced by one that comes as close as possible to the intended economic and legal purpose.
2.1 All offers made by the Agency are non-binding. Price indications on websites, in presentations, or in other materials are indicative only.
2.2 A contract is deemed concluded upon written confirmation (by email, platform, or post) or upon the start of the project with the client’s implied consent.
2.3 By using digital platforms or cloud services of Yoline AG (e.g., YoSuite), registration or usage constitutes acceptance of these terms.
3.1 The Agency provides services in the fields of strategy, marketing, communication, digitalization, software development, hosting, server operation, project management, and content creation (photo, video, music, text).
3.2 The type, scope, and objectives of services are defined in offers, project agreements, or service descriptions. Fixed prices apply only to clearly defined deliverables.
3.3 Hosting and operational services are additionally governed by specific Service Level Agreements (SLAs) regarding availability, support, maintenance, and response times.
3.4 Any changes to the agreed scope of services (Change Requests) must be confirmed in writing. Any resulting time or cost implications shall be deemed accepted once the client approves the modified specifications.
3.5 Projects follow the agreed project plan. Testing, acceptance, and implementation phases form an integral part of project delivery. Unless the client submits a written defect notice within ten (10) business days of delivery, the performance shall be deemed accepted.
4.1 The client shall provide all information, data, system access, and decisions necessary for the Agency to perform its services in a timely manner.
4.2 Deliverables must be reviewed by the client upon receipt. Any defects must be reported immediately in writing.
4.3 If the client fails to cooperate, the Agency shall not be liable for resulting delays or damages. Any additional costs caused by such failure may be invoiced separately.
4.4 The Agency may engage qualified subcontractors or partner companies to provide services. The Agency remains responsible toward the client within the limits of proper selection and instruction (Art. 101 CO).
5.1 All prices are quoted in Swiss Francs (CHF), excluding VAT.
5.2 Additional services outside the defined scope will be invoiced at the current hourly rate (currently CHF 140.– / h). Travel time counts as working time.
5.3 When benefits are paused, the following rules apply:
5.4 Invoices must be paid within 30 days net. In case of default, the Agency may suspend its services and charge interest at 5% p.a. (Art. 102 CO).
5.5 Third-party costs (e.g., media budgets, hosting fees) may be invoiced in advance. An administrative surcharge of up to 10% may apply.
5.6 The client is not entitled to set-off or withhold payments, except for undisputed or legally established claims. Partial deliveries may be invoiced separately. The client bears any reasonable collection or enforcement costs.
6.1 All copyrights and intellectual property rights to works, concepts, designs, layouts, texts, software, databases, or other deliverables created by the Agency remain with Yoline AG unless otherwise agreed in writing.
6.2 The client receives a non-exclusive, non-transferable right of use limited to the agreed purpose. Transfer or modification requires prior written consent by the Agency.
6.3 For long-term brand or identity elements (such as logos, corporate designs, or key visuals), the client obtains a perpetual right of use for the agreed purpose upon full payment. All rights not expressly granted remain with Yoline AG.
6.4 Raw data (e.g., open design files, unedited recordings, source code, or project files) remain the property of the Agency. Their release requires a separate agreement and additional compensation (Buy-out).
6.5 In the event of unlicensed use, distribution, or alteration of works created by the Agency without prior consent, Yoline AG may claim a contractual penalty of at least CHF 10,000 per violation, without prejudice to further damage claims.
7.1 The Agency processes personal data in accordance with the Swiss Federal Data Protection Act (DSG) and, where applicable, the EU General Data Protection Regulation (GDPR).
7.2 The client remains responsible for the legality of all transmitted data and content.
7.3 If personal data is processed on behalf of the client (e.g., hosting, CRM, cloud), this is governed by a separate Data Processing Agreement (DPA).
7.4 The Agency and its partners implement adequate technical and organizational measures (TOMs) to protect data against loss, misuse, or unauthorized access.
7.5 The client is responsible for obtaining all required consents and providing all legally required notices relating to data processing, analytics, tracking, or cookie usage.
8.1 SEO, tracking, and performance measures are performed to the best of the Agency’s knowledge but without any guarantee of results.
8.2 The Agency uses verified analytics tools (e.g., Sistrix, SEMrush, Google Search Console, Otterly.ai). The Agency assumes no liability for the accuracy of third-party data sources.
8.3 The integration or publication of content is not included in SEO services unless explicitly agreed.
8.4 Yoline AG accepts no liability for performance issues, account suspensions, price changes, or service limitations caused by third-party platforms (e.g., Google, Meta, TikTok) or due to algorithm, policy, or API changes.
9.1 The client is legally responsible for all materials provided or approved, even if based on the Agency’s suggestions. This includes texts, images, videos, music, soundtracks, and brand elements.
9.2 The client bears full responsibility for copyrights, licenses, and model releases relating to any images, music, or video content. The client warrants that all works used are free of third-party rights or properly licensed.
9.3 The client is solely responsible for obtaining all required music or sound licenses (e.g., SUISA, GEMA, or platform rights) in connection with any videos, animations, or campaigns, and for paying all related fees.
10.1 The Agency is liable only for damages caused by intent or gross negligence.
10.2 For slight negligence, the Agency is liable only for breaches of essential contractual obligations (cardinal duties) and limited to the foreseeable, typical damage.
10.3 Liability for indirect or consequential damages (such as data loss, loss of profit, reputational damage, or third-party claims) is excluded.
10.4 Total liability is limited to the maximum coverage amount under the Agency’s professional liability insurance (Helvetia, ICT provider) applicable at the time of the incident.
10.5 Yoline AG is not liable for delays or failures in performance due to events of force majeure or other unforeseeable circumstances beyond its control, including but not limited to natural disasters, epidemics or pandemics, governmental measures, wars, labor disputes, cyberattacks, or severe technical disruptions.
10.6 The Agency accepts no liability for force majeure (e.g., natural disasters, power outages, cyberattacks, or pandemics).
11.1 Contracts remain valid for the agreed duration. One-off projects end upon delivery and acceptance of the final deliverable.
11.2 Hosting and maintenance agreements may be terminated with three (3) months’ notice to the end of a calendar month, unless otherwise stipulated.
11.3 Immediate termination is permissible for cause, in particular for payment default or material breach of contract.
11.4 Provisions relating to remuneration, usage rights, warranty, liability, confidentiality, and jurisdiction shall survive the termination or expiry of the contract.
12.1 Both parties shall keep all confidential information obtained during the collaboration strictly confidential. This obligation remains in force during the contract term and for three (3) years after its termination.
12.2 The Agency may use completed projects, brand materials, or campaigns as references (including logos and short descriptions) unless the client explicitly objects in writing.
13.1 The Agency may engage external partners or subcontractors while remaining the primary contact for the client.
13.2 Partners must adhere to these GTC, maintain confidentiality, and refrain from self-promotion using Yoline projects.
13.3 Without written consent from the Agency, direct cooperation between the client and an engaged partner is prohibited during the project and for 24 months thereafter.
13.4 The Agency is liable for third-party partners only within the limits of proper selection and instruction (Art. 101 CO).
14.1 The Agency uses AI and automation tools to enhance efficiency and quality of services.
14.2 Such use complies with applicable data protection, copyright, and personality rights laws.
14.3 The client is responsible for verifying the factual and legal accuracy of deliverables—particularly text, visual, and audio content—before publication.
15.1 These GTC are governed exclusively by Swiss law, excluding international conflict-of-law provisions.
15.2 The place of jurisdiction is the registered office of Yoline AG, 3970 Salgesch (Canton of Valais, Switzerland).
Wir machen dein Business fit für die Zukunft. Mit smarten Strategien und digitalen Lösungen begleiten wir dich und dein Team von der Idee bis zur Umsetzung. Unser Ziel? Bald schon wieder weg zu sein und von extern den nachhaltigen Erfolg deiner Brand zu sehen. Wir verbinden menschliche Kompetenz mit Technologie und den Werten deines Unternehmens. Klingt gut, oder?
Wir machen dein Business fit für die Zukunft. Mit smarten Strategien und digitalen Lösungen begleiten wir dich und dein Team von der Idee bis zur Umsetzung. Unser Ziel? Bald schon wieder weg zu sein und von extern den nachhaltigen Erfolg deiner Brand zu sehen. Wir verbinden menschliche Kompetenz mit Technologie und den Werten deines Unternehmens. Klingt gut, oder?
