General Terms and Conditions

These terms and conditions apply to all services provided by Pink Pear Agency, unless other special conditions are specified in the proposal sent to you by Pink Pear colleagues.

With regard to these terms and conditions, “Agency” refers to Pink Pear Agency and “Client” refers to the individual or company commissioning the services specified in the proposal sent to the Client. The “Proposal” refers to the details set out on the first page of this proposal document. “Deliverables” refers to the services to be commissioned, as summarized in the Proposal. “Fee” refers to the amount to be paid to the Agency, as specified in the deliverables table and in line with any special conditions listed.

1. Scope of the services

The Agency is contracted to provide the Deliverables as set out in the Proposal, within the agreed timeframe and at the specified cost. The Client agrees to review the Deliverables within three days and approve them in writing or provide written comments and/or amends to enable the content of the Proposal to be amended accordingly. Once the Proposal is signed by both parties, the Client has five days to signal any necessary changes in writing and allow the Agency to adapt the Proposal as required. After this period, the Proposal and Deliverables are considered final. Any subsequent amends are dealt with as set out in section 7 below, unless otherwise specified in the special conditions.

2. Delivery timescales  

The Agency commits to undertaking all commercially reasonable efforts to ensure that Deliverables are completed within the timescales set out in the Proposal. If any circumstances occur which might prevent the Agency from delivering the Deliverables to the agreed timeline and budget, the relevant point of contact will immediately inform the Client. The Client recognises that the Agency’s ability to meet the agreed timescales is also dependent upon the Client’s timely provision of any necessary materials, approvals, feedback and/or instructions. Any delays or changes to the Deliverables instigated by the Client will not constitute a breach of the Agency’s obligations to deliver, as set out in these General Terms and Conditions.

3. Fees & invoices 

The Client will pay the Agency the fees set out in the deliverables table and in line with any special conditions set out on the first page of the proposal document. The costs listed in the deliverables table only include Agency fees (hours worked). Any additional external costs, including, but not limited to specific software licenses, subscriptions, hosting fees or travel expenses, will be raised with the Client in writing and invoiced separately. All invoices are payable within 14 days of receipt. The Client will be responsible for all fees resulting from unpaid invoices and the Agency reserves the right to withhold delivery if overdue invoices are not settled in full.

 4. Confidentiality

Confidential information refers to any sensitive or private information with regard to the Client or their business. The Client acknowledges that they may provide confidential information in relation to the delivery of this Proposal. The Agency and any third-party providers engaged to deliver the Proposal will hold and maintain this information in strict confidence and not use it in any way except as necessary to perform its obligations under the Proposal or as required by a court or government authority. Confidential Information does not include information that is publicly available or is received from a third party without an obligation of confidentiality.

5. Accreditation & copyright

In the absence of a written agreement to the contrary, the copyright of texts, translations or materials created through the delivery of the Proposal remain the property of the Agency. When materials resulting from the Deliverables are published, an accreditation and/or copyright notice in the Agency’s name should be incorporated into the published work.

The Agency retains the right to reproduce and publish the Deliverables on its website or via other media channels. The Agency, subject to the Client’s reasonable approval, may describe the role of the Agency in relation to the creation of the Deliverables on its website and include a link to the Client’s website. If text or materials are in anyway amended or altered without the written permission of the Agency, it will not be in any way liable for the amendments made, or their consequences.

6. Independence & third-party service providers

The Client and Agency agree that they do not wish to enter into partnership or joint venture, specifically no simple partnership within the meaning of Art. 530 et seq. of the Swiss Code of Obligations.

The Agency is able to engage third party service providers in connection with the delivery of the Proposal. The Agency will however remain fully responsible for the delivery of these third parties and their compliance with these General Terms and Conditions.

7. Amends

Unless otherwise specified in the Proposal, any significant amends to the agreed Deliverables or the addition of new Deliverables will be quoted separately in an additional Proposal, to be approved in writing by the Client.  The Agency will inform the Client if such amends will result in modifications to the agreed delivery schedule.

8. Governing law

This Proposal is created, delivered and enforced in accordance with Swiss law and the state of Vaud. Should the work relating to the delivery of a Proposal result in a dispute, the Client and Agency will endeavour to resolve their disagreement by written negotiation in the first instance. By signing a Pink Pear Agency Proposal, the Client and Agency agree to all of the Terms and Conditions set out above.