Terms and conditions
These general terms and conditions of A-LL Creative Technology (hereinafter referred to as “A-LL”) form an integral part of all offers, order confirmations and contracts between A-LL and its customers, subject to any other written provisions. They apply to all services, whether agreed by offer, contract or written order, including additional services, supplementary work or modifications. In the event of any conflict between these general terms and conditions and the specific terms of a written contract between A-LL and the customer, the provisions of the contract shall prevail. Any deviation from these general terms and conditions must be expressly accepted in writing by A-LL.
The calculation of quotation prices is based on information, data and documents supplied by the customer, enabling the precise scope of the work to be defined. This information is binding on the parties and serves as the contractual basis. Offers made on the basis of incomplete or imprecise information, or in the absence of the necessary documents, are for information purposes only and are not binding on A-LL. Offers are valid for 30 days from the date of issue, unless otherwise specified in writing. Any change to the validity period must be expressly agreed in writing.
Orders must be made in writing. On request, they will be confirmed by A-LL to formalize the agreement between the parties. Work ordered without a prior quotation will be invoiced at the current hourly rate, according to the time required and the usual costs for similar work. Any changes to orders already confirmed will be subject to a revision of the initial estimate and may incur additional charges.
Materials provided by the client to A-LL for the execution of their order must be delivered in formats and with technical specifications compatible with current standards to ensure optimal integration or adaptation. A-LL cannot be held responsible for errors or omissions in the materials provided (source files, texts, translations, photographs, videos, etc.). Additional costs resulting from necessary adaptations to non-compliant or incomplete materials will be billed separately, subject to prior agreement with the client. A-LL reserves the right to invoice direct costs, duly documented, incurred due to delays or interruptions caused by unforeseen adjustments to the materials provided.
Any changes or additional work arising after a firm order (confirmed in writing) will be charged extra. This includes, but is not limited to: modifications to the initial brief, adjustments to technical specifications, optimization or reformatting of 3D models, addition of software features, new video animations, adjustments for augmented reality (AR) or virtual reality (VR), integration of artificial intelligence (AI) components, and any adaptation of source files or media supplied by the customer. A-LL reserves the right to invoice the work already carried out if it becomes unusable due to modifications requested by the customer, as well as the administrative costs incurred by these changes. A-LL will inform the customer of any additional costs before proceeding with modifications, in order to obtain the customer's prior agreement.
The prices of A-LL's services are established on the basis of a personalized quotation, taking into account the specific features of each project, its complexity and the resources required to carry it out. Cost adjustments may be considered in the event of circumstances beyond A-LL's control (e.g. new legal provisions, taxes, increases in the cost of materials or services required). A single invoice is issued at the start of the project, with a 50% deposit due before work commences, and the remaining 50% to be paid on receipt of deliverables, within 30 days. Unless written notice to the contrary is given, this provision applies to all projects. From the due date, interest on arrears of 5% and an administrative charge of CHF 25 per reminder may be invoiced without prior notice.
A-LL reserves the right to terminate the contract under certain circumstances, including but not limited to the following situations: non-payment by the client within the agreed deadlines; repeated or substantial changes to the initial requirements that compromise the feasibility or timeline of the project; lack of collaboration or prolonged delays from the client, particularly in cases where required materials or inputs are not provided to enable progress. In the event of contract termination, whether initiated by the client or by A-LL, or if the client fails to proceed within a reasonable timeframe, the work already completed will be invoiced based on the established offer, even if the work is incomplete or unsatisfactory. If a deposit has been paid, it will not be refunded, even if it exceeds the value of the work already completed.
Third-party work includes anything necessary for the execution of a project that is not directly produced by A-LL. This may include, but is not limited to: printing, translation, development of specific software components, integration of 3D content, video production, audio capture, etc. A-LL is responsible for the quality of the third-party work it engages directly, and undertakes to respect the prices defined in the initial offer, without modification. Costs associated with third-party work engaged by A-LL are included in the initial quotation and will not be subject to revision once the quotation has been accepted, unless subsequently agreed in writing with the customer. A-LL is not obliged to inform the customer of third-party service providers engaged for the project, thus guaranteeing smooth, centralized management. If the customer engages third parties directly for the project, A-LL cannot be held responsible for the quality of these external services, nor for any resulting changes in price or performance.
A-LL makes every effort to meet the delivery deadlines agreed with the customer. However, A-LL cannot be held responsible for a delay in delivery if the customer does not provide the necessary elements within the timeframe requested or deemed reasonable. In the event of delay, proven economic damage exclusively attributable to A-LL's default is limited to the value of the offer or work performed, provided that a delivery deadline has been explicitly agreed in writing. A-LL cannot be held responsible for the consequences of a delay attributable to its own suppliers or service providers (e.g. printers, translators or external subcontractors). A-LL will inform the customer of any significant delay as soon as it is identified, in order to agree together on possible corrective actions.
A-LL undertakes to carry out the assignment in accordance with the description in the offer. The customer undertakes to provide all the elements necessary for the execution of the mandate within the agreed deadlines. Unless otherwise agreed, A-LL provides the customer with a final deliverable that is “ready to use”, and is not obliged to provide the source data used to produce it (this source data includes, in particular, hardware and computer files that are part of A-LL's know-how, in accordance with intellectual property and copyright law). On request, a confidentiality and data protection declaration can be drawn up in writing between A-LL and the customer in order to secure the information exchanged as part of the project.
Copyright and any customer rights to electronic data are governed by the applicable legal provisions. Unless otherwise agreed, A-LL is not obliged to save, archive or pass on the source files used for the project, unless this has been expressly agreed. Any further use of the source files may only be made with the written consent of A-LL. To guarantee the protection of the original creation, the source files produced by A-LL may not be modified, transformed or reused by the customer, third parties or any other entity, without the prior written authorization of A-LL. In the event that A-LL accepts the transfer of source files, an additional cost, generally between 20% and 50% of the initial value of the project, may be applied depending on the complexity and market value of these elements. However, A-LL reserves the right to refuse this transfer, notably for its products, when the source files constitute a fundamental element of its know-how or strategy.
Computer files, digital data, or other documents provided to A-LL by a third party for the execution of a project are guaranteed to be free of rights by the client. A-LL recommends keeping a copy of these data. Source files and production files created by A-LL are archived for the duration of the project. Any subsequent use of the production files, beyond their initial purpose, is subject to prior written consent from A-LL.
The customer authorizes A-LL to quote its name and company name, as well as to present extracts of visual productions or graphic creations, as references for the commercial promotion of A-LL. This authorization includes the use of screenshots, extracts of projects or mentions of collaboration in A-LL's communication media (website, portfolio, social networks, etc.). Within the framework of its productions, A-LL also reserves the right to sign works with a logo or a mention “powered by A-LL”, as long as this signature does not deteriorate the visual aspect or the integrity of the realization. The customer may object to these measures by making a written request at any time, addressed directly to A-LL.
Programming errors may be reported up to 3 months after receipt of deliverables, during which time A-LL guarantees the project against such errors. After this period, corrections are no longer included in the initial cost. Updates to external or third-party environments (such as operating systems like Windows, macOS, Linux, iOS, Android; servers like Apache, Nginx, Microsoft IIS; or databases like MySQL, PostgreSQL, Oracle) that cause incompatibilities are not considered programming errors. From the 4th month, the customer can subscribe to a maintenance and support license valid for 12 months, generally estimated at between 10% and 20% of the initial value of the project, depending on its complexity. This license covers programming errors, necessary updates and adaptations in the event of incompatibilities in the software's host system. The license is automatically renewed after 12 months, unless terminated in writing by the customer at least 1 month before renewal.
When the project is hosted on A-LL’s IT infrastructure, hosting costs apply starting from the second full year. These costs are automatically renewed annually for a 12-month period unless terminated in writing by the client at least one month prior to the renewal date.
In the event of difficulties in the performance or interpretation of this contract, the parties agree to submit their dispute to the judicial authorities of the Sarine district, in Fribourg, Switzerland. Swiss law is exclusively applicable. The declaration of nullity of one of the clauses of the present general terms and conditions does not affect the validity of the other clauses, in accordance with article 20, paragraph 2 of the Swiss Code of Obligations.
By placing an order, accepting a quotation or paying an invoice, even in part, the customer acknowledges these terms and conditions.
A-LL provides no coverage against cyber risks, including damage resulting from access, use, or transmission of sensitive or confidential data. Similarly, A-LL provides no insurance coverage for worker compensation, accidents, or other liabilities related to company personnel or third parties involved in the project. It is the client’s responsibility to obtain appropriate insurance to cover such risks.
These terms and conditions are provided in both French and English. In case of any discrepancy or conflicting interpretation between the two versions, the French version shall prevail and be considered authoritative.