The General Terms and Conditions of eMotions media solutions gmbh (hereinafter referred to as "emotions") automatically apply to every order accepted by emotions. Orders and agreements commit emotions only to the services defined in the development contract. If no separate development contract (specification sheet) is concluded, the specifications in the offer are decisive. Any additional services added later will be charged separately. Offers are binding for 30 days.
Order execution is carried out in accordance with the details specified in the development contract and according to the nature and scope of the information, documents, and resources provided by the client, which must be supplied on time, during normal working hours, and at the client's expense.
The basis for order execution is the development contract. Later requests for changes may lead to separate agreements regarding deadlines and prices. All information, content, and documents required for the development must be provided to emotions before the start of development. If documents are delivered later, emotions reserves the right to appropriately reschedule the completion date.
If the client fails to provide emotions with data, content, test results, change requests, or other information necessary for continuing the order on time, emotions will request the client to supply the missing material or information within a period of three working days. If the client does not respond after one reminder, the work completed up to that point will be considered approved within an additional three working days. Change requests made after this deadline or the processing of information received later may be invoiced separately. Additionally, in the event of the client's default, emotions is entitled to issue a partial invoice for the work completed up to that point.
Completed orders require an acceptance test by the client after delivery. Any defects, which are deviations from the development contract, must be adequately documented and reported in writing by the client within five working days of receipt. Emotions will make efforts to rectify the defects.
If defects are reported in writing, a new acceptance test is required within three working days after the defects have been corrected. If no report is made within the above-mentioned deadlines, the work result is considered accepted. Any desired extension of the acceptance period is only effective after agreement with emotions. If defect complaints are received after the specified deadlines, they may be invoiced separately. Additionally, emotions may issue an invoice after the acceptance test period has expired.
Additional costs incurred due to extra services, as well as costs from third parties, will be charged to the client.
All quoted prices are in Swiss Francs, Euros, and/or US Dollars, and are always exclusive of VAT.