These General Terms and Conditions are applicable to all business relationships between CinePool LLC (referred to below as «CinePool»), and its clients. Any divergent provisions, in particular the clients' GTC, shall be binding only if they meet the requirement for the written form and if they have been approved in writing by a representative of CinePool who is authorised to sign on CinePool's behalf.
The first offer is deemed to be an offer for guidance purposes and is free of charge. Prices stated in all offers by CinePool shall cease to be binding after 30 days. The offers may not be passed on to third parties without Paterson's written consent.
Projects and preliminary studies which CinePool develops on the instructions of a client shall remain the property of CinePool, and such materials must not be issued or made accessible to third parties without CinePool's written consent. CinePool reserves the right to bill for projects and preliminary studies according to work performed if the order based thereon is not received by CinePool within three months, or after an agreed period following submission of the proposals by CinePool. Divergent agreements in writing between CinePool and the client are exceptions to the foregoing.
An order may be placed verbally or in writing via fax, e-mail or letter. CinePool will then confirm the order placement in writing. This confirmation will include the present GTC which, failing objection prior to the commencement of work, will be deemed to have been accepted.
The precise conditions of payment are stated in the offer and the confirmation of order. Unless agreed otherwise, the billed amount is payable strictly net within 30 days of the date of dispatch of the invoice. Any bank charges shall be paid by the party placing the order. In case of long-term projects, CinePool reserves the right to require an advance payment or part payments. As a rule, these will amount to 50% of the total volume and are to be effected following signing of the contract and prior to work commencing. If payments on account have been agreed, CinePool reserves the right to withdraw from the contract or to suspend performance in case of non-payment. The foregoing shall not affect any claims to compensation for damage or loss on the part of CinePool.
If an order is reduced or cancelled after it has been placed, CinePool shall be entitled to payment for the services already performed, but at least 50% of the total fee agreed upon. In addition, the client must pay in full for all expenses incurred or for all preliminary work undertaken by third parties.
CinePool undertakes to carry out the remit assigned to it with due diligence and in awareness of its responsibilities. Project-related information shall be treated as confidential. The transmission of data between the client and CinePool shall take place at the client's risk.
The client shall assist CinePool with providing the agreed services by giving clear and prompt instructions and by forwarding necessary information. CinePool shall bill for any additional expenditure incurred due to a failure to comply with the duty of collaboration on the part of the client. Should CinePool be held liable by third parties as a result of instructions or information on the part of the client (in particular owing to breaches of fair trading law or intellectual property rights), the client undertakes to indemnify and hold CinePool harmless.
Unless agreed otherwise, CinePool reserves the right to call on assistance from third parties in order to carry out orders. CinePool is expressly authorized by the client to transfer the handling of business to third parties. CinePool is entitled to buy in services from third parties in the name of the client. CinePool works with selected specialists for services related to production, proofreading and translation, etc. Work undertaken by third parties is indicated and charged on the basis of separate offers from the relevant companies. Bills shall be addressed to CinePool or directly to the client, as agreed in the confirmation of order.
CinePool shall accomplish the work it has accepted with the greatest care. If the client should nevertheless identify defects, written complaints shall be accepted within a period of up to 7 days after delivery of the work; after this period, the service is deemed to have been accepted.
CinePool shall be liable for errors only in case of demonstrable intent or gross negligence. CinePool shall provide compensation in kind up to the amount of the order value. Under no circumstances shall CinePool be liable for third party services invoiced directly to the client, for consequential damages or loss of earnings.
CinePool shall be entitled to use produced work as proof of performance and to publish same on its website.
Unless agreed otherwise in the confirmation of order, Swiss substantive law shall apply to the contractual relationship. In particular, the Swiss conflict-of-laws provisions are excluded.
The place of jurisdiction for all disputes arising from the legal relationship between CinePool and the client is Zurich.
Should a provision of these GTC become ineffective, this shall not affect the validity of the remaining provisions. The court shall replace an ineffective provision with a provision that most closely serves the intent and purpose of the original provision.
The content of this website was compiled with the greatest care. However, we can provide no guarantee that the content is correct, complete and up to date. In accordance with general legislation, we as a service provider are responsible for our own content on these pages, but we are not obliged to monitor transmitted or stored third-party information nor to investigate circumstances which suggest illicit activities. Obligations to remove or block the use of information in accordance with general legislation are not affected by the foregoing. However, any liability in this regard is possible only from that point in time when a specific infringement of the law becomes known. If such infringements of the law become known, we shall immediately remove the relevant content.
This website contains links to external third-party websites whose content we are unable to influence. For this reason, we are also unable to provide any guarantee regarding such third-party content. The respective providers or operators of the relevant sites and pages are always responsible for the content of linked sites and pages. The linked sites and pages were checked for potential infringements of the law when the links were created. No illicit content was identifiable at the time of such linkage. However, continuous monitoring of the linked sites and pages is not reasonable unless there are specific indications to suggest an infringement of the law. If any infringements of the law become known, we shall immediately remove the relevant links.
The content and data created by the site operators on these pages are subject to Swiss copyright. Reproduction, processing, dissemination and utilisation in any manner beyond the limits of the copyright require the written consent of the respective author and/or creator. Downloads from and copies of this site are permitted only for private, non-commercial use. In cases where the content of this site was not created by the operator thereof, third-party copyrights are respected. In particular, third-party content is flagged as such. Should you nevertheless become aware of a copyright violation, we request you to inform us as appropriate. If any infringements of the law become known, we shall immediately remove the relevant content.
It is generally possible to utilise the website without entering personal data. Whenever personal data (such as names, addresses or e-mail addresses) is collected on our pages, this is always done on a voluntary basis. Such data will not be passed on to third parties without your explicit consent.
We wish to point out that data transmission via the internet (e.g. in connection with communication via e-mail) may be subject to security lapses. Complete protection of data against third-party access is not possible.
The use by third parties of contact data published in connection with the obligation to provide publication details, in order to send advertising and information materials which have not been explicitly requested, is hereby explicitly prohibited. The operators of the pages explicitly reserve the right to take legal action should advertising information be sent without a request to do so, e.g. by means of spam e-mails.