General Terms and Conditions of OM3 Marketing GmbH - Your framework for professional cooperation


The basis of these General Terms and Conditions and thus of the of the professional relationship between the client and the Agency is the law on contracts within the meaning of Art. 394 et seq. of the Swiss Code of Obligations (OR). Trust in professionally impeccable, independent and objective advice by the Agency as well as in comprehensive information and transparency vis-à-vis the Client form the basis for client contracts and thus for a good working relationship.

Based on this, the client and the agency agree on the following:

Contract and services

All offers of the agency are non-binding. The client commissions the agency for the services specified in the offer. The offer, together with these GTCs, forms the framework for a contract with the client. The contract shall be deemed concluded when the Agency confirms a declaration of acceptance or order in writing. All contractual agreements must be made in writing.

The Agency may use subcontractors for the provision of services while maintaining confidentiality.

The agency shall charge commissioned additional services at an hourly rate of CHF 190.


The Agency is obliged to negotiate and purchase all orders, including those from third parties, at the best possible terms and conditions for the Client at all times.

The Client shall provide a binding briefing and shall make available to the Agency all relevant information necessary for the execution of the order as well as the services of the Agency or procure such information to the extent requested and possible.

The client and the agency shall establish binding rules for meetings and reporting.

The Agency shall archive all documents resulting from the order as follows: Conceptual data for a period of 5 years. Commercial, accounting data etc. for a period of 10 years. The agency (incl. its employees) undertakes to treat all business transactions within the scope of this order as confidential at all times, even beyond the end of the contract.

Within the framework of an acceptance, the customer shall be obliged to inspect all services of the agency immediately after completion and to notify possible defects immediately.

Intellectual property rights already belonging to the Agency prior to the commencement of the contract shall remain the sole property of the Agency. The customer does not acquire any rights to them.

The services from our support contracts refer to activities within normal office hours (8 am - 5 pm). Activities outside office hours will be charged separately.

Invoicing and payment modalities

The client undertakes to pay for the agency's services in accordance with the quotation. All prices are subject to statutory value added tax.

Agency invoices are payable within 30 days without deduction. Third-party costs are always invoiced in advance. For projects with a duration of more than one month, monthly partial invoices may be issued.

The Agency shall inform the Client in writing which individual payment deadlines it has agreed with the media or other third parties or which are currently applied. The Client hereby undertakes to strictly adhere to the payment deadlines.

All payments in connection with this agreement shall be made in each case by bank transfer; other forms of payment (in particular cheque or cash) are excluded.

Term and termination

A contract cannot be terminated after it has been commissioned. If a milestone-based approach has been agreed, either party may terminate the project after each milestone. In the case of recurring services, either party may terminate the agreement at any time at the end of a month.


The agency does not guarantee any third-party services, in particular ranking positions with search engines.

The Agency shall be liable for direct damage arising from intentional or grossly negligent breach of its obligations under this agreement. In all other cases the Agency shall not be liable.

Final provisions

If any provision of these GTCs becomes invalid, the other provisions shall not be affected thereby.

The Agency reserves the right to amend the GTCs at any time. The Agency shall notify the Client of any such amendment without delay. If the Client does not object within 14 days of delivery of the notification of amendment, the amended GTCs shall be deemed to have been accepted by the Client. When a new order is placed, the current GTCs shall also apply to all existing orders.

The place of performance and jurisdiction is Zurich. The provisions of the Swiss Code of Obligations OR, the General Terms and Conditions (GTC) of OM3 Marketing GmbH and the agreement from the offer shall apply.