These General Terms and Conditions govern the contractual relationship between Xavier Cubbin (the Service Provider) and his clients regarding his graphic design and web design services. By placing an order for any of his services, the Client unconditionally accepts all of his T&Cs.
The Service Provider undertakes to deliver the agreed services within the agreed timelines, specified in the quote accepted by the Client.
The Service Provider agrees to adhere to the high quality standards and professionalism, customary in the graphic design sector.
The Client undertakes to provide the Service Provider with all necessary materials and relevant information required for the proper execution of the services. The Client shall validate the various stages of the project within the agreed timelines to avoid delays.
Once the design files are finalised and (Bon à tirer in french, BAT) provided by the Service Provider or the printer, whether by email or in person, they must be approved and signed by the Client before any printing occurs.
Responsibility for the approval and any subsequent errors lies solely with the Client. The Service Provider shall not be liable for any issues arising from the printing unless he has personally signed the BAT document.
Swiss Civil Code, art. 2 para. 2 – The manifest abuse of a right is not protected.
For projects requiring less than 8 hours of work, full payment is due by the end of the current calendar month.
Swiss Code of Obligations (CO), art. 75 – Payable debts must be settled when due.
For projects requiring more than 8 hours of work, a deposit of 50% of the total project cost is required before work commences. The Service Provider reserves the right to withhold commencement of the project until the deposit is received. The balance must be fully paid within 10 days of project completion.
Swiss Code of Obligations (CO), art. 82 – Neither party is obligated to fulfill their obligation until the other has done so or offered to do so.
For larger projects, the Client may opt to pay in installments over a maximum period of three months. In such cases, 50% of the total project cost is due at the end of the first month, with the remaining 25% payable in each of the following two months until the full amount is settled.
Swiss Code of Obligations (CO), art. 104 – Monetary obligations due in installments must comply with the agreed terms.
Cash payments are accepted; however, the Service Provider much prefers bank transfers to his Swiss bank account. All payments must be made in accordance with the terms specified in the quote or contract.
Swiss Civil Code, art. 84 – Payments must be made at the agreed location or, in the absence of such an agreement, at the creditor’s domicile.
For projects exceeding CHF 2,300, the Service Provider reserves the right to engage a Swiss payroll company. This company will act as an administrative and contractual intermediary to ensure adherence to the contractual terms and secure payment on the agreed date.
Swiss Civil Code, art. 8 – The creditor must prove the existence of the debt.
The Service Provider retains full ownership of all intellectual property rights over the graphic creations until full payment of the agreed fees is received.
Upon full payment, usage rights for the creations are transferred to the Client. However, the Service Provider reserves the right to showcase the creations on promotional materials unless the Client expressly requests confidentiality.
Any use of the graphic creations beyond the terms defined in this agreement, without prior written consent from the Service Provider, will result in additional charges or legal proceedings under the Swiss Copyright Act.
Copyright Act (LDA), arts. 9 and 10
The Service Provider reserves the right to include the Client’s project in his portfolio or use it for promotional purposes unless the Client explicitly requests otherwise.
Copyright Act (LDA), art. 19
The Service Provider shall inform the Client of any third-party materials requiring a separate license (e.g., fonts, stock images). The Client is responsible for acquiring such licenses for extended or alternative use.
Swiss Code of Obligations (CO), art. 382 – Contracts for intellectual works are subject to the rules governing service contracts.
The Service Provider shall not be held liable for indirect damages, financial losses, or issues arising from the misuse of the deliverables, except in cases of gross negligence or willful misconduct. Liability is also excluded in cases of force majeure.
Swiss Code of Obligations (CO), art. 99 para. 1 – The debtor is only liable for damages caused intentionally or negligently.
In the event of project cancellation, the Client is liable for payment of all work completed up to the cancellation date, as well as any associated losses incurred by the Service Provider.
Upon full payment, usage rights for the creations are transferred to the Client. However, the Service Provider reserves the right to showcase the creations on promotional materials unless the Client expressly requests confidentiality.
Swiss Civil Code, art. 156 – Contracts may be terminated for non-performance.
These T&Cs are governed by Swiss law. Any disputes regarding their interpretation or execution shall be submitted to the competent courts of the canton where the Service Provider’s principal place of business is located.
Swiss Civil Code, art. 122 – Cantons may legislate within their areas of competence.
This refund policy (hereinafter "the Policy") outlines the conditions under which Xavier Cubbin (hereinafter "the Service Provider") accepts to issue refunds to his clients for graphic design or web design services.
This Policy applies to all projects, services, and graphic design services carried out by the Service Provider for the Client, subject to the conditions defined below.
If the Client cancels a project before work begins and no deposit has been paid, no fees will be charged. If a deposit has been paid, it will be fully refunded within 10 business days unless specific project-related expenses have already been incurred by the Service Provider (e.g., software licenses or third-party materials).
Swiss Code of Obligations (CO), art. 107 - Right of contract termination.
If the Client cancels the project after work has commenced, no refund of the deposit will be made. However, if the amount paid exceeds the work completed, a partial refund may be considered after deducting incurred costs and hours worked. A rate of 100 CHF per hour will be applied to completed work.
Swiss Code of Obligations (CO), art. 378 - Payment for partial work performed.
No refund will be issued for completed and delivered projects, except in cases of major failure by the Service Provider as proven by the Client (clear non-compliance with agreed project specifications).
Swiss Code of Obligations (CO), art. 368 - Warranty for defects in work.
All claims related to a delivered service or project must be made in writing (email) within 7 business days of delivery. After this period, work will be considered accepted by the Client, and no refund or revision will be accepted unless exceptional agreement is reached.
Swiss Code of Obligations (CO), art. 201 - Duty to inspect for defects.
If the Client is not satisfied with the final delivery, they are entitled to a revision of graphic elements within the limits detailed in the initial quote or contract. Additional revisions will be billed separately and will not qualify for a refund.
If a project is canceled during execution, a partial refund may be considered. The refund amount will be calculated based on the project progress and costs incurred by the Service Provider, including hours worked and expenses for specific project-related materials.
In the event of a refund, the Service Provider will refund the Client through the same payment method used initially. Any transaction fees (particularly for international payments) will be deducted from the refund amount.