Terms and Conditions
This is a courtesy translation of our General Terms and Conditions (AGB) for your convenience. The German version is legally binding. Swiss law applies exclusively.
1. Scope and Validity
These General Terms and Conditions govern the contractual relationship between Plan26 GmbH (hereinafter referred to as the ‘Contractor’), trading under its brand name ZÜNDSTOFF MARKETING, and the Client. The company’s registered office is at Lettenweg 118, 4123 Allschwil (BL).
These General Terms and Conditions apply to all services and products provided by the Contractor to the Client. Any deviating terms and conditions of the Client shall not be recognised unless the Contractor expressly agrees to their validity in writing.
Unless otherwise agreed, quotations (offers) are binding for 30 days (Art. 3 et seq. of the Swiss Code of Obligations). Amendments and additions to the contract must be made in writing to be valid.
2. Performance and Inspection
2.1 Performance of the Contract
The Contractor shall provide the services professionally in accordance with the specifications set out in the quotation. The Contractor is entitled to engage third parties for the purpose of fulfilling the contract.
2.2 Obligations to cooperate
The client shall provide the contractor with all information, content (texts, images, data) and access required for the implementation in a timely manner, in the agreed format and free of charge. Any delays arising from a lack of or insufficient cooperation on the part of the Client shall result in the agreed delivery dates being postponed accordingly and may lead to additional costs.
2.3 Default by the Client
If the Client fails to fulfil its obligation to cooperate even after a grace period of five working days has been set, the work produced up to that point shall be deemed to have been approved. In this case, the Contractor is entitled to invoice the Client for the work carried out to date.
2.4 Acceptance and duty to give notice of defects
Upon completion of the contract or defined sub-projects, the client shall carry out an inspection without delay. Any defects must be reported to the contractor in writing and with supporting documentation within five working days (duty to give notice of defects in accordance with Art. 367 of the Swiss Code of Obligations). If no notification is made within this period, or if the work is put to productive use (e.g. a website going live, approval for printing, use in campaigns), the work shall be deemed to have been accepted as free from defects (Art. 370 OR). Any warranty for defects not reported within the specified period is hereby excluded.
3. Prices and Expenses
All prices are quoted in Swiss francs (CHF) excluding statutory value added tax.
3.1 Additional work (time and materials)
Services not expressly included in the quotation (e.g. subsequent requests for changes, additional rounds of corrections beyond the agreed scope, author’s corrections) shall be invoiced on the basis of actual time spent at the Contractor’s current hourly rates.
3.2 Expenses and out-of-pocket costs
Travel costs, expenses and other out-of-pocket costs incurred in connection with the fulfilment of the contract are not included in the price and will be invoiced separately to the client. Travel will be charged at standard rates (e.g. CHF 0.70/km). Travel time shall be counted as 50% working time, unless otherwise agreed.
3.3 Expiry of hourly allowances (retainer)
Where support or consultancy services are purchased in packages (hourly allowances) or on a subscription basis, the hours must be used within the agreed period. Unused hours expire no later than 6 months after the date of purchase and will not be refunded or carried over to the following year, unless otherwise agreed in writing.
4. Deadlines and Completion
4.1 Deadlines
Stated delivery dates are indicative unless they have been expressly guaranteed in writing as ‘fixed dates’. Unforeseeable events, delays on the part of third parties or force majeure shall release the Contractor from the obligation to meet the deadlines for the duration of the disruption.
4.2 Project Completion
A project is deemed to be completed as soon as acceptance has taken place in accordance with clause 2.4 or the work is being used operationally by the client. The final invoice is issued at this point. Subsequent requests are deemed to constitute a new order.
4.3 Early Termination
If the client withdraws from the contract or cancels the order (Art. 377 OR), the contractor is entitled to full remuneration for work already performed, as well as full compensation for loss of profit arising from the remaining contract value.
5. Terms of Payment
5.1 Payment Terms
Invoices are payable net within 30 days of the invoice date. For projects with a value of CHF 10,000 or more, the contractor is entitled to invoice a 30 per cent deposit upon placement of the order.
5.2 Default
Once the payment deadline has expired, the client shall be in default without the need for a further reminder (Art. 102(2) of the Swiss Code of Obligations). From this point onwards, interest on arrears of 5% per annum shall be payable. An administration fee of CHF 50.– shall be charged for each reminder (from the second payment reminder onwards). If the client is in default, the contractor is entitled to suspend further services (including hosting, support or ongoing campaigns) until full payment has been made (right of retention).
6. Ownership, Rights of Use and Liability
6.1 Retention of Title
Until all outstanding invoices have been paid in full, all rights of ownership and copyright-related rights of use in the results of the work shall remain with Plan26 GmbH.
6.2 Use and References
Only upon full payment shall the rights of use for the agreed purpose be transferred to the Client. The Contractor shall have the right to use the results of the work as a reference for its own advertising and to include a discreet copyright notice (credit).
6.3 Exclusion of Liability
The contractor is liable for the careful and professional execution of the work. Any further liability, in particular for indirect damage, consequential damages, data loss, loss of profit or damages caused by third parties (e.g. hacker attacks, viruses, malfunctions due to software updates from CMS or plugin providers) is excluded to the extent permitted by law (Art. 100 OR).
7. Use of Artificial Intelligence (AI)
7.1 Transparency and Use
The Contractor is entitled to use generative artificial intelligence technologies (e.g. LLMs, image generators) to ensure the efficient provision of services. Where the content produced is subject to transparency obligations under statutory regulations (in particular Article 50 of the EU AI Act in the case of deepfakes or simulated persons), the Contractor shall provide appropriate labelling.
7.2 Copyright in AI-generated results
The Client acknowledges that, under current law, content generated purely by AI (prompts) may not be eligible for copyright protection due to a lack of human creative input. The Contractor transfers to the Client the rights of use to which it is entitled in respect of the AI outputs; however, it does not guarantee that this content is exclusive or that it cannot also be generated by third parties.
7.3 Duty of verification
Although the Contractor checks AI results with due care, AI systems may generate incorrect facts (‘hallucinations’). The Client is obliged to verify the accuracy of factual statements in the delivered texts prior to publication. Liability for damages arising from AI errors adopted without verification is hereby excluded.
8. Confidentiality
The contracting parties undertake to treat as confidential all information not in the public domain which they learn about each other in the course of their collaboration (trade secrets, strategy documents, customer data) and not to disclose it to third parties. This obligation shall continue to apply even after the contractual relationship has ended.
9. Final Provisions
9.1 Severability clause
Should any individual provisions of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The invalid provision shall be replaced by a legally permissible provision that most closely approximates the economic purpose of the invalid provision.
9.2 Jurisdiction and Applicable Law
Swiss law applies exclusively to the contractual relationship. The exclusive place of jurisdiction is the registered office of Plan26 GmbH (currently Allschwil, Canton of Basel-Landschaft).
As at: January 2026