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.
The material supplied by the customer to A-LL for the execution of his order must be delivered in formats and according to technical specifications compatible with the standards in force, in order to allow optimal integration or adaptation. A-LL cannot be held responsible for any errors or incompleteness in the material supplied (source files, texts, translations, photographs, videos, etc.). Any additional costs arising from adaptations to non-compliant or incomplete material will be invoiced in addition, subject to prior agreement with the customer. A-LL reserves the right to invoice costs incurred by delays or interruptions due to unforeseen adjustments to the material supplied.
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 in certain cases. This includes, but is not limited to, the following situations: non-payment by the customer within the agreed deadlines; repeated or substantial modifications to the initial requests which compromise the feasibility or planning of the project; lack of collaboration or prolonged delays by the customer, particularly in the event of failure to supply the elements required to progress with the work. In the event of breach of contract, either by the customer or by A-LL, or if no action is taken by the customer within a reasonable time, the stages already completed will be invoiced in accordance with the established offer. A-LL also reserves the right to charge damages in the event of breach of contract by the customer, covering costs incurred and work time already invested. In addition, payments will be due for all work carried out, even if this work is incomplete or unsatisfactory, as it was carried out with the intention of respecting the initial project.
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 supplied to A-LL by a third party for the execution of a mandate are guaranteed free of rights by the customer. A-LL assumes no responsibility for loss or damage to electronic data supplied by the customer, and recommends that a copy of such data be retained. Source and production files created by A-LL are archived, and A-LL cannot be held responsible for any loss, theft or damage. Any subsequent use of production files, other than for their original purpose, may only be made with the written consent of 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.
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.