Last updated: 1 January 2020
You agree to comply with and be legally bound by these General Terms and Conditions.
The General Terms and Conditions (‘GTC’) govern the business relations between customers and Brame Ltd. (hereinafter ‘Brame’, ‘we;, ‘us’ or ‘our’), unless special agreements are made.
Brame Ltd. develops and sells software and provides consulting services in marketing. The service offers and prices of Brame can change at any time and are not binding for Brame
The current prices of Brame published on www.brame.ch are decisive.
Terms of payment
The invoice amount must be paid by the due date stated on the invoice. If no such due date is specified, the due date is the invoice date plus 30 days.
Duration and termination
Brame offers its customers different types of subscriptions for which different conditions apply:
- The monthly subscription can be cancelled monthly. Unless expressly cancelled, it is automatically renewed for another month at the end of the current month.
- The annual subscription can be cancelled annually. Unless expressly cancelled, it is automatically renewed 4 weeks before the end of the current year for a further year, unless expressly cancelled.
- The contract ‘Enterprise’ is a subscription tailored to the customer, whereby price and duration are negotiated individually between the customer and Brame.
Reduction and cancellation of orders
If a placed order is reduced or cancelled, Brame is entitled to:
- offset the work done so far (pro rata temporis),
- offset expenses and advance payments by third parties,
- receive compensation for all damages resulting from the reduction or cancellation.
In addition, Brame has the right to use its work performed so far for other purposes in case of cancellation of the order. The rights of use remain fully with Brame.
Rights of use, extent of use
In principle, the agreed rights of use are only transferred to the client once the fee has been fully paid. The scope of use of the work created by Brame is determined by the purpose of the contract concluded with the customer. In particular, work created by Brame, order documents or parts thereof that are handed over to the customer may only be used within the scope of the agreed order. Unless otherwise agreed, this right of use shall be valid for an unlimited period of time and shall exclude any use outside the purpose of the contract as well as the release of raw data. The parties may, however, negotiate any use outside the contractual purpose and the release of raw data. The customer shall inform Brame for any use outside the contractual purpose and compensate Brame accordingly for the additional use.
The copyrights to all work created by Brame (concepts, sketches, drafts, realized projects, etc.) belong to Brame. It may dispose of these rights in accordance with the legal provisions of the Federal Act on Copyright and Related Rights of 9 October 1992 (status 1 January 2017). It follows from this principle, among other things, that the customer is not entitled to make changes to the work in question, in particular to individual design elements, without the consent of Brame. The customer may not remove, alter, make unrecognizable any copyright, trademark, service mark or other references to property related to the software, or attempt to contest the corresponding ownership. Brame shall be entitled to designate its authorship in the work in a form to be determined.
If so-called open source software is used, the copyright to this software remains with the creator. If Brame programs its own software solutions, the rights to the code remain with Brame.
Brame respects copyright laws and expects the same from their customers.
Data storage and data protection
The data required for business transactions is collected, stored and processed by Brame. Brame observes the legal provisions when processing personal data. More detailed information can be taken from the separate data protection declaration with which you agree.
The liability of Brame is completely excluded to the extent permitted by law.
You agree to release, protect, indemnify and hold harmless Brame from and against any and all claims, liabilities, damages, losses and costs arising from or related to your failure to comply with the Terms and Conditions of the contract agreed to.
Brame shall not be liable if the provision of the service is temporarily interrupted, partially or completely restricted or impossible due to force majeure. The right of Brame to postpone the service in agreement with the customer or to withdraw from the service obligation shall apply without the customer being able to assert claims for compensation.
Applicable law and place of jurisdiction
The present agreement is subject exclusively to Swiss law. The exclusive place of jurisdiction for all disputes is the seat of Brame.
We encourage you to send us your feedback, comments and suggestions for improving our software and services (‘Feedback’) via e-mail to firstname.lastname@example.org. All feedback is the sole and exclusive property of Brame. You irrevocably assign to Brame all your rights, claims and interests in the feedback, including without limitation all worldwide patents, copyrights, trade secrets, moral rights and other intellectual property rights therein, and agree to the irrevocable assignment of all such rights. Upon request of Brame and at the expense of Brame, you shall prepare documents and take such other actions as may reasonably be required to assist Brame in acquiring, completing and maintaining its intellectual property rights and other legal protections for the Feedback.
Modification of the General Terms and Conditions
Brame reserves the right to change the General Terms and Conditions at any time. It is the responsibility of Brame to announce the changes in advance and in a suitable manner. Without a written objection within one month after announcement the changes are considered as accepted.
Should individual provisions of this agreement be ineffective or incomplete or should fulfilment become impossible, the effectiveness of the remaining parts of the General Terms and Conditions shall not be affected. In this case, Brame undertakes to immediately replace the invalid provision with a permissible valid provision that comes closest to the original intention in terms of its content. Any additional agreements must be made in writing.
If you have questions about the General Terms and Conditions of Brame, you can always contact us at email@example.com.