GENERAL TERMS &CONDITIONS OF SALE

At Hausswert Sàrl, we place transparency and trust at the heart of every collaboration. These General Terms and Conditions of Sale (T&Cs) establish the framework for our services and the terms under which projects entrusted to us are carried out.

1. Subject matter and definitions

These T&Cs apply to the Services and Deliverables (collectively the "Services") provided by the Agency to the Client in accordance with the Order Form agreed between the Agency and the Client (each a "Party", collectively the "Parties").

These T&Cs and the Order Form constitute a legally binding agreement between the Agency and the Client (the"Contract"). If the Client does not accept these T&Cs, they may not benefit from the Services provided by the Agency.

2. Quotes and conclusion of contract

2.1 Quotes

The Agency may provide the Client with a written quote specifying the intended Services and their price. Unless explicitly stated otherwise, quotes are provided for information purposes only. The Agency reserves the right to modify a quote at any time.

2.2 Conclusion of the Contract

The Contract is concluded upon signature of the Order Form by the Parties. The Client accepts these T&Cs upon signing the Order Form.

3. Services

3.1 Services and Deliverables

The Agency provides the Client with the Services defined in the Order Form as well as any additional services agreed in writing between the Parties. The Agency provides the Services with reasonable care and skill as set out in this Contract.

Services may be delivered to the Client in the form of deliverables ("Deliverables"). Deliverables falling within the scope of art. 363 CO are subject to acceptance by the Client and must be delivered in accordance with the terms and deadlines defined in the Order Form.

If no acceptance deadline following delivery of the Deliverables has been agreed in writing, the Client has 5 working days to notify any defect or non-conformity in writing. The Client must set a reasonable deadline for the Agency to remedy any material defect. If the Agency is unable to remedy a material defect within that deadline, the Client must set a second appropriate additional deadline for performance. If the Agency fails to remedy the defects within this second deadline, the Client is entitled, without prejudice to any other remedy, to demand performance or to terminate the Contract with respect to the defective Deliverables.

Services form part of various Packages. The Packages are detailed by the Agency on its website or communicated to the Client in writing at the time of signing the Order Form.

3.2 Client obligations

The Client shall:

• use the Services in accordance with the Contract and all applicable legal and ethical obligations in the territory where they are located;
• cooperate in the performance of the Contract to the extent necessary; and
• provide the Agency with all information, content, documents and authorisations necessary for the provision of the Services, in a timely manner and in a usable format.

Any delay or omission by the Client may result in an extension of the deadlines for providing the Services and delivering the Deliverables, additional costs, or suspension of the Services, without any liability on the part of the Agency.

4. Pricing and payment terms

4.1 Fees

The Actual Costs and Monthly Fees (collectively the "Fees") are agreed in the Order Form and, unless explicitly stated otherwise, are indicated in Swiss francs (CHF) excluding taxes.

In the event of non-payment by the due date, the Agency will send the Client a formal notice of payment. Late payment interest at a rate of 5% per annum will apply from the date of receipt of said notice. The Agency may claim the costs incurred for the recovery of amounts due.

4.2 Effective Fees

For Effective Fees, one or more Advance Payment(s) may be required upon conclusion of the Agreement and/or during the course of the project, at the Agency’s sole discretion. The respective amounts and terms shall be specified in the Order Form or subsequently agreed upon in writing between the Parties. Where applicable, any Advance Payment(s) already made shall be deducted from the final amount payable.

The final invoice shall be issued upon completion of the Agreement or upon delivery of the Services. Unless otherwise agreed, Advance Payments must be paid in full before the commencement of the relevant Services, and the final invoice for the Effective Fees shall be due within 30 days of its date of issue.

The Agency may suspend the performance of ongoing Services and withhold Deliverables until any Advance Payment(s) due by the Client have been paid.

4.3 Monthly Fees

The Client undertakes to pay the Monthly Fees indicated in the Order Form. Monthly Fees are payable in advance on a monthly basis and are due within 30 days.

4.4 Modifications and additional services

Any Service not provided for in the Order Form shall be the subject of an additional Order Form to be accepted before performance. The Client acknowledges that such additional Services may result in additional costs and an additional timeline.

5. Intellectual property

All content, elements and creations produced by the Agency in the context of the Services are protected by Swiss and international legislation relating to copyright and intellectual property.

5.1 Agency's rights prior to payment

The Agency retains all intellectual property rights over the Services.

5.2 Usage rights granted to the Client

Subject to full payment, the Agency grants the Client a non-exclusive, non-transferable and non-sublicensable licence, valid for the entire world and for an unlimited duration, to use the Services, limited solely to the needs of the Client ' s project as defined in the Order Form.

Unless otherwise agreed, the Client is not authorised to modify, adapt or exploit the Services outside of this framework. The Client undertakes not to use the Services in any way likely to damage the reputation or image of the Agency.

Any use of the Services outside the scope defined in the Order Form shall require prior written consent from the Agency.

Such use may give rise to additional remuneration to be agreed between the Parties. The Agency may only refuse its consent on legitimate grounds.

Any provision of the Services to third parties is subject to the Agency ' s prior written consent.

5.3 Third-party content

All third-party content remains the property of its respective rights holders. The Client is granted only those rights expressly authorised by the relevant rights holders.

6. Confidentiality

The Parties may mutually disclose confidential information ("Confidential Information"). Confidential Information includes, without limitation, any information marked as confidential, such as information about the organisation, functionalities and characteristics of the Services, or any information otherwise indicated as confidential or that could reasonably be considered confidential and attributable to the Client or the Agency.

Publicly available or accessible information, information legally and without restriction received or independently developed by the receiving Party, shall not be considered confidential.

Each Party undertakes to protect all Confidential Information that becomes accessible or known on the basis of the Contract.

This confidentiality obligation remains in force even after termination of the Contract.

The Agency may communicate the information necessary for the performance of the Contract to its subcontractors referred to in Art. 7. The latter are contractually bound to respect confidentiality and to provide a level of data protection equivalent to that guaranteed by this Contract.

7. Subcontracting

The Client expressly authorises the Agency to engage subcontractors for the performance of all or part of the Services. The Agency is not liable for the subcontractor it has chosen and to whom it has given instructions. Any other liability arising from the actions of subcontractors is excluded.

8. Liability

8.1 Limitation

The Agency is fully liable to the Client for damages resulting from fraud or gross negligence. With regard to direct damages, the Agency's liability is limited to the total amount paid by the Client for the relevant Services agreed in the Order Form.

In all other cases, including indirect damages, the Agency's liability is excluded to the maximum extent permitted by applicable law. The Agency cannot be held liable for indirect damages (loss of profit, loss of revenue, data loss or any business interruption).

The following are considered indirect damages for which no liability is owed by the Agency to the maximum extent permitted by law:

• All damages arising from the Client's use of the Deliverables;
• All damages arising from events beyond the Agency's control; and
• All damages arising from fault, negligence or failure by a third party, within the limits of art. 7 above.

8.2 Force majeure

Neither Party shall be held liable for any failure to fulfil its obligations under this Contract (with the exception of payment obligations) caused by circumstances beyond the reasonable control of the Parties (force majeure). The affected Party will inform the other Party as soon as possible of the occurrence of a force majeure event and will make reasonable efforts to mitigate its effects. The deadline for performance of its obligations will be extended by the duration during which performance is prevented due to the force majeure event.

8.3 Third-party content and services

The website or the Services may contain links to pages or services operated by third parties. The Agency has no control over these external sites and cannot be held liable for their content or the processing of personal data they carry out.

9. Warranties

The Client acknowledges that the Services are provided "as is" and "as available", and the Agency makes no warranty of any kind, whether express, implied, legal or otherwise, including warranties of merchantability, fitness for a particular purpose, title or absence of infringement, in relation to the Services or the information and materials contained therein.

10. Client references

Unless otherwise stated in the Order Form, the Client authorises the Agency to use the Services produced for its commercial communications (website, portfolio, social media). This authorisation may be withdrawn in writing, with effect within 30 days of notification.

11. Archiving

Unless otherwise provided, the Agency is not obliged to retain or archive the work, documents or files provided or created for the Client.

12. Term and Termination

12.1 Term

The Services are provided from the Start Date and for the duration specified in the Order Form.

The Deliverables are provided within the deadlines set out in the Order Form. Unless explicitly stated otherwise, these deadlines are indicative only and are not binding on the Agency. Art. 3.2 of these T&Cs remains applicable.

12.2 Termination of one - off Services

Either Party may terminate agreed one - time Services with immediate effect, by written notice to the other Party.

The Actual Costs used or committed by the Agency at the time of termination are due by the Client. The Client acknowledges and accepts that Actual Costs include all costs related to subcontractors, purchases, licences, reservations or resources mobilised.

To avoid any ambiguity, it is specified that Services already performed or committed are no longer due to the Client.

The Actual Costs are deducted from any Deposit(s) paid by the Client and the balance is refundable to the Client.

If the Actual Costs exceed the amount of any Deposit(s), the Deposit(s) may be retained by the Agency and the balance is due by the Client to the Agency.

12.3 Termination of recurring or long - term Services

Either Party may terminate recurring Services by written notice with one month ' s notice, taking effect at the end of the month following receipt of the notification.

The Fees are deducted from any Deposit(s) paid by the Client and the balance is refundable to the Client. If the Fees exceed the amount of any Deposit(s), the Deposit(s) may be retained by the Agency and the balance is due by the Client to the Agency.

13. Data protection

The Agency collects and processes personal data as described in its privacy policy. The most recent version can be found online at: www.hausswert.ch/en/privacy-policy

14. Applicable law and jurisdiction

These T&Cs are governed by Swiss law. The courts of the canton of Zurich shall have jurisdiction, unless mandatory provisions provide otherwise.