// Terms and Conditions

Terms and Conditions (AGB)

for Marketing Services provided by Ocre Marketing, a brand of Factum Academy GmbH

  1. Scope of Application
    These terms and conditions apply to all contracts between Ocre Marketing (a brand of Factum Academy GmbH) and the client for marketing services such as SEO, web design, branding, and digital marketing campaigns.
  2. Contract Conclusion and Payments
    2.1 The contract is concluded upon the client’s written confirmation of the offer or by signing the contract.

2.2 Payment is made in two installments:

  • 50% of the total amount is due upon signing the contract (deposit).
  • The remaining 50% is due upon project completion and before final delivery of the services.

2.3 In case of early termination of the project by the client:

  • If cancellation occurs within one week after the deposit is paid, Ocre Marketing retains 10% of the total amount and refunds 40%.
  • If cancellation occurs after that week, Ocre Marketing retains the full 50% deposit.
  1. Scope of Services
    Ocre Marketing provides the following services as agreed upon in the contract: SEO, web design, branding, and digital marketing activities.
    The specific services, timelines, and milestones are defined individually in the agreement or proposal.
  2. Client Responsibilities
    The client agrees to provide all necessary information, content, login credentials, and materials in a timely and complete manner.
    Delays caused by late or incomplete contributions from the client are not the responsibility of Ocre Marketing.
  3. Modifications and Additional Work
    5.1 Any change requests by the client that arise after the start of the project and are not included in the original agreement will be considered additional services.

5.2 Such changes may affect the timeline, cost, and quality of the work and will be invoiced separately.

5.3 Ocre Marketing reserves the right to reject extensive changes or require a revised offer confirmation before proceeding.

  1. Delivery and Acceptance
    6.1 Upon project completion, the client will receive the final deliverables for review. The client agrees to check the deliverables within 7 working days and report any defects in writing.

6.2 If no feedback is received within this period, the service will be considered accepted.

6.3 Once accepted (expressly or by silence), the project is deemed completed and the final payment is due.

6.4 Ocre Marketing may deliver services in parts if reasonable for the client.

  1. Ownership and Usage Rights
    The delivered work remains the property of Ocre Marketing or Factum Academy GmbH until full payment is received.
    Upon full payment, the client receives the non-exclusive usage rights as agreed in the contract.
    Ocre Marketing reserves the right to use completed work for reference and portfolio purposes unless otherwise agreed in writing.
  2. Liability and Warranty
    8.1 Ocre Marketing is only liable for damages resulting from gross negligence or intent. Liability for indirect damages or loss of profit is excluded.

8.2 Ocre Marketing does not guarantee the long-term functionality of the website, especially in relation to third-party influences (e.g., hosting, external software).

8.3 After delivery, Ocre Marketing assumes no responsibility for any errors, malfunctions, or security vulnerabilities unless a maintenance or security contract has been signed.

8.4 Even if a maintenance or security contract is in place, no guarantee is given for complete protection against security incidents.

8.5 For comprehensive cybersecurity measures, the client must engage a specialized IT security company. Ocre Marketing does not assume any liability or warranty for cybersecurity.

  1. Data Protection
    The processing of personal data is carried out in accordance with our privacy policy available on our website.
    The client confirms awareness and acceptance of this policy.
  1. Duration and Termination
    The duration of the agreement is defined in the individual contract.
    Ordinary termination is only possible at the agreed contractual time.
    The right to extraordinary termination for just cause remains unaffected.

11. Final Provisions
If any provision of these terms is found to be invalid, the remainder of the contract shall remain valid.
Swiss law shall apply exclusively.
Jurisdiction is Zurich, Switzerland.

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