General Terms and Conditions of Service Provision
March 2026
1. General Provisions
1.1 These General Terms and Conditions govern all commercial relationships between GMG Green Media Group Sàrl ("GMG") and its clients ("the Client"). By using GMG's services, the Client accepts all of these Terms. Any contrary condition stated in the Client's documentation shall be null and void, unless expressly and previously accepted in writing by GMG.
1.2 Services are provided based on a quote or a project agreement accepted in writing by the Client. Any modifications must be agreed in writing between both parties.
2. Scope of Services
2.1 GMG carries out its services by combining internal resources and a network of selected independent specialists, according to the needs of the project. The contractual relationship of the Client is exclusively with GMG, which assumes full responsibility for the quality and delivery of all work. Unless explicitly stated otherwise, GMG's obligations are obligations of means and not obligations of result.
2.2 The Client agrees to provide in a timely manner all necessary information, content, and approvals required for the proper execution of the services. In the event of delays attributable to elements pending on the Client's side, the project timelines will be adjusted accordingly, and any additional costs directly incurred by this delay may be charged to the Client.
2.3 Any request for work outside the agreed scope will be subject to a change request and may incur additional costs. GMG will inform the Client and obtain their agreement before commencing the corresponding work.
3. Intellectual Property
3.1 Upon receipt of full payment, GMG transfers to the Client all intellectual property rights to the final deliverables created under the project agreement. GMG retains ownership of all tools, templates, and pre-existing elements used in the provision of the service.
3.2 GMG will seek the Client's agreement before presenting the completed work in any public context, including on its website, social media, or in its advertising materials. Reference to the Client's project for internal commercial purposes may be made without prior agreement, unless the Client has made a written confidentiality request.
3.3 GMG is responsible for verifying and obtaining the intellectual property rights for all third-party content it selects or incorporates into the deliverables — including music, images, fonts, and any other licensed elements — prior to delivery. When the Client provides its own content as part of a project, it guarantees that it holds the necessary rights to that content and that its use does not infringe on the rights of third parties.
4. Fees, Invoicing & Payment
4.1 The total fees are defined in the project agreement, stated in Swiss francs (CHF) and excluding applicable taxes, unless otherwise stated. For project services, a deposit of 50% of the total amount is required before the commencement of work. The remaining 50% is invoiced upon delivery of the project, or according to the milestones agreed upon by the parties. For monthly or annual subscription services, the total fees for the relevant period are invoiced at the beginning of the period, according to the terms agreed with the Client.
4.2 Invoices are payable within 30 days from the date of invoicing, unless otherwise agreed in writing.
4.3 In the event of non-payment by the due date, GMG reserves the right to apply late payment interest at a rate of 5% per annum on the outstanding balance, in accordance with Article 104 of the Swiss Code of Obligations. GMG may suspend services without notice in the event of late payment.
4.4 If payment remains unpaid for more than 60 days after the due date, GMG reserves the right to assign the collection to a specialised provider or to initiate legal proceedings. All associated costs will be borne by the Client.
4.5 When a Client is subject to withholding tax under their national legislation, this is solely the responsibility of the Client. GMG's invoices are payable in full, without deduction.
5. Confidentiality
5.1 Each party agrees to treat the confidential information of the other party with the utmost discretion and not to disclose it to third parties without prior written consent, unless required by law.
5.2 The confidentiality obligations remain in effect for three years from the conclusion of the project or the relevant contractual relationship.
6. Data Protection
6.1 GMG processes personal data in accordance with the Federal Data Protection Act (nLPD) and, where applicable, the General Data Protection Regulation (GDPR) of the EU. Personal data is used exclusively for the purpose of fulfilling contractual obligations and is neither sold nor transferred to third parties, unless necessary for the execution of the project.
6.2 The Client guarantees that all personal data transmitted to GMG has been collected in accordance with applicable data protection legislation.
7. Liability
7.1 GMG's total liability for any claim shall not exceed the total amount of fees paid by the Client for the relevant project. GMG shall not be liable for indirect, consequential or special damages, including loss of profits or any business opportunity.
7.2 GMG shall not be obliged to indemnify the Client against claims made by third parties resulting from the Client's use of GMG's deliverables.
7.3 GMG shall not be liable for delays or failures caused by circumstances beyond its control. GMG will inform the Client as soon as possible.
8. Claims
8.1 Any claim relating to the deliverables or the performance of services must be submitted in writing within 8 calendar days following delivery. Claims submitted after this period will not be accepted.
8.2 Upon receipt of a valid claim, GMG undertakes to respond within 5 working days and to propose a resolution. Both parties agree to seek an amicable solution before initiating any legal proceedings.
9. Applicable Law & Jurisdiction
9.1 These Terms are governed exclusively by Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
9.2 For customers domiciled in Switzerland, the competent courts of the Canton of Vaud are exclusively competent for any disputes arising from these Terms. For international customers, GMG reserves the right to bring an action before any competent court.
10. Miscellaneous Provisions
10.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10.2 These Terms, together with the applicable project agreement, constitute the entire agreement between the parties.
10.3 GMG reserves the right to update these Terms. The continuation of the business relationship after notification of any changes constitutes acceptance of the updated Terms.