Terms and Conditions

These general terms and conditions (hereinafter "T&C") apply to all business transactions between 5AM Lab by Chanel Mülhaupt, Ida-Sträuli-Strasse 83, 8404 Winterthur (hereinafter "5AM LAB" or "Studio") and its customers (hereinafter "client" or "customer").

The customer automatically agrees to these T&C by using services or products of the provider (or upon acceptance of an offer or signing a contract).

These T&C are an integral part of all offers.

5AM LAB provides creative services in the areas of Graphic Design, Social Media, Marketing, and Motion Graphics, including consultation and support, and offers comprehensive solutions related to Marketing & Design.

5AM LAB also provides solutions to enhance productivity and efficiency in marketing teams.

5AM LAB may partially delegate services to third parties. In the absence of written instructions from the client, 5AM LAB is free to determine the method of executing the order.

The Agency may provide the services necessary for the realisation of projects independently or, at its own discretion, by engaging third parties. The client must be notified in writing of the involvement of third parties.

The quotation by 5AM LAB is free of charge.

The validity period is 30 days. After the expiration of the validity and without the client's corresponding commitment, 5AM LAB is no longer bound by it.

The contract is concluded by signing a separate contract or by the written acceptance of the offer.

Upon acceptance of an offer or signing a contract, the customer agrees to the processing and storage of their data according to 5AM LAB's Privacy Policy.

Delivery dates provided by 5AM LAB are non-binding. A delivery period begins only after the clarification of all technical and organizational details. If no specific delivery date is expressly and in writing agreed upon, 5AM LAB delivers after consultation with the customer.

Operational disruptions, especially non-delivery or delayed delivery by third parties or force majeure events, entitle 5AM LAB, excluding customer's damage claims, to extend agreed delivery periods or cancel the delivery obligation.

Complaints and defects, as well as claimed characteristics, must be reported within 5 working days of delivery or transmission to the customer. Otherwise, the delivered work is deemed approved. The date of delivery or transmission is considered the first working day on which the documents are available to the customer in written or digital form.

Adjustments or extensions to delivered works, which are reported after explicit or implicit acceptance, will be invoiced based on effort.

The compensation for 5AM LAB's service packages is generally invoiced at the agreed fixed price. Unless otherwise agreed between 5AM LAB and the customer, the prices on the website apply.

Certain services or products are determined based on the time spent by the studio and the hourly rate. The standard rate is 150 CHF per hour but may vary depending on the complexity and required skills of the project. The prices specified in the customer-specific offer or contractually agreed prices are always decisive.

5AM LAB reserves the right to change prices at any time. Changes or the introduction of taxes or fees authorize 5AM LAB to adjust its prices without prior notice.

Expenses and additional costs of 5AM LAB are billed separately. Travel time for offline meetings with clients (in Switzerland) is billed on an hourly basis (travel time multiplied by the hourly rate). The client incurs no additional costs (e.g., for travel tickets). A meeting without expenses can be convened at any time at the headquarters of 5AM LAB or digitally (e.g., via Google Meet).

If 5AM LAB cannot provide the services as originally agreed due to incidents beyond its control, 5AM LAB is entitled to additional compensation according to the conditions in Clause 6.4. This also applies to actions and omissions of the customer beyond 5AM LAB's control. If the customer assigns additional tasks beyond the contractually agreed services, these will be invoiced separately according to the conditions in Clause 6.4.

Until the full payment of the purchase price, products and services provided remain the property of 5AM LAB and may not be pledged or transferred for security.

5AM LAB is entitled to demand advance payment or other security at its discretion.

All prices in all offers, contracts, and invoices are in Swiss Francs (CHF).

Invoices for products or services from 5AM LAB are to be paid within 14 days (including weekends and holidays) of invoicing without any discount, unless otherwise agreed.

Failure to meet the payment deadline automatically triggers a payment reminder. After the expiry of the newly set payment deadline, the customer automatically falls into arrears, and a late fee of 75 CHF becomes due. 5AM LAB is also entitled to 10% default interest as well as compensation for all reminder, collection, legal, and court costs, as well as any other damages.

In case of customer default, 5AM LAB is entitled to withhold any services provided until all invoices and costs incurred under Clause 7.5 have been settled. 5AM LAB also has the right to terminate existing contracts with immediate effect if the customer is in default.

5AM LAB strives to provide services carefully and professionally.

In the event of a complaint, the customer can only demand free rectification. In this case, 5AM LAB rectifies the defect within a reasonable period. 5AM LAB bears the costs of rectifying a defect if it concerns explicitly promised and contractually agreed services.

The warranty is void to the extent that the customer is at fault.

Any further warranty obligations are waived by 5AM LAB.

The customer is entitled to the intended and lawful use of services and products. Furthermore, the customer undertakes to comply with these T&C and any instructions from 5AM LAB.

Throughout the service provision, the customer is obligated to provide reasonable cooperation. This includes providing all data and information necessary for the development of the concept and implementation of projects, as well as diligently reviewing created concepts and drafts. If the customer fails to fulfill its obligations, 5AM LAB reserves the right to terminate the collaboration under Clause 11.3.

Intellectual property rights to the products delivered by 5AM LAB and the results of the services provided by 5AM LAB remain with 5AM LAB. The customer acquires only a non-exclusive, non-transferable right to use. 5AM LAB has the right to publish completed works as references on its website or in promotional materials once they have been first published by the customer.

The Agency may sign the documents and objects developed by it appropriately and as is customary in the industry and publish the order placed for its own advertising. This signing and advertising use may be excluded by a separate agreement between the Agency and the Client.

Subject to the customer's written revocation, which is possible at any time, the agency shall be entitled to refer to the existing or previous business relationship with the customer on its own advertising media and in particular on its Internet website by name and company logo (reference).

Intellectual property rights to the products delivered by 5AM LAB and the results of the services provided by 5AM LAB remain with 5AM LAB. The customer acquires only a non-exclusive, non-transferable right to use. 5AM LAB has the right to publish completed works as references on its website or in promotional materials once they have been first published by the customer.

The contractual relationship can be terminated by either party at any time.

Service contracts must be terminated at least 30 days (including weekends and holidays) before the annual renewal. The relevant date is the corresponding contract date or the contractually agreed date.

A contractual relationship established after the acceptance of an offer or signing a contract can be revoked in justified cases. The customer can initiate a withdrawal from the contract if 5AM LAB cannot meet the agreed delivery dates, and a reasonable grace period set by the customer has elapsed. This excludes force majeure events for which 5AM LAB is not at fault. Similarly, the contract can be revoked by 5AM LAB if the customer does not fulfill its obligations under Clause 9.2 and Clause 7.6, and a reasonable grace period set by 5AM LAB has elapsed.

The contracting parties treat all facts that are neither obvious nor accessible confidentially.

In case of doubt, facts are to be treated confidentially, and there is a mutual duty to consult.

This obligation of confidentiality begins with contract negotiations and persists beyond the termination of the contractual relationship.

5AM LAB is entitled to process the customer's information and data in accordance with its Privacy Policy and make it available to third parties. Since these third parties may be located abroad, this authorization also includes the transmission and storage of such data abroad.

Side agreements, changes, or additions to the T&C and contracts become effective solely with written confirmation.

We reserve the right to adjust these T&C at any time. In such a case, we will inform you in writing about any changes.

5AM LAB assumes no warranty regarding the content accuracy, precision, currency, reliability, and completeness of the information. Liability claims against 5AM LAB for damages of a material or immaterial nature arising from accessing or using the published information, misuse of the connection, or technical malfunctions are excluded.

All offers are non-binding. 5AM LAB expressly reserves the right to change, supplement, delete parts of the pages, or the entire offer without separate notice or to temporarily or permanently discontinue publication.

Swiss law exclusively applies to these T&C and any disputes arising from or in connection with the contractual relationship between 5AM LAB and the customer.

The ordinary courts at the registered office of 5AM LAB have exclusive jurisdiction. Alternatively, 5AM LAB is entitled to sue the customer at its domicile.