dig.id GmbH
Schneidergasse 27
CH-4051 Basel
www.dig.id
hello@dig.id
| Document Type | Binding GTC |
| Effective From | March 2026 |
| Scope | All services of dig.id GmbH in the areas of Marketing, Web, Content and Design |
1. Scope of Application
1.1 These General Terms and Conditions govern all legal relationships between dig.id GmbH, Schneidergasse 27, CH-4051 Basel, hereinafter referred to as dig.id, and its clients.
1.2 They apply to all services offered and provided by dig.id, in particular in the areas of performance marketing, social media marketing, newsletter marketing, web design, web development, graphic design, photography, videography, content creation, copywriting, translations, tracking, conceptual work, consulting, and related digital services.
1.3 These GTC apply to all current and future business relationships, even if they are not expressly agreed upon again for each individual order.
1.4 Deviating, supplementary, or conflicting conditions of the client shall only apply if dig.id has expressly agreed to them in writing.
1.5 The version of the GTC in force at the time of contract conclusion shall apply.
2. Contract Formation
2.1 A contract is formed upon written approval of a proposal, written placement of an order, confirmation by email, digital approval, or actual use of services.
2.2 Proposals from dig.id are non-binding unless expressly designated as binding.
2.3 Information contained in proposals, presentations, concepts, service descriptions, calculations, budgets, schedules, or project plans is based on experience and estimates, unless expressly stated otherwise.
2.4 Approvals, requests for changes, corrections, acceptances, and other declarations requiring consent from the client may be made with legal effect by email or comparable electronic means.
3. Contract Duration and Termination
3.1 Ongoing mandates and support arrangements are generally concluded for an indefinite period.
3.2 Unless otherwise agreed in writing, ongoing contracts may be terminated by either party with 30 days’ notice to the end of a calendar month.
3.3 Without timely termination, contracts continue automatically.
3.4 Projects already commenced, individual services commissioned, ongoing production steps, reserved capacities, third-party services, and services rendered or triggered up to the end of the contract must be paid in full even in the event of termination.
3.5 The right to terminate for good cause without notice is reserved. Good cause exists in particular in the event of payment default, significant breach of cooperation obligations, bad-faith conduct, or circumstances making continuation of the contractual relationship unreasonable.
4. Services Provided by dig.id
4.1 The specific scope of services is defined by the respective proposal, service description, presentation, order confirmation, or other written agreement.
4.2 dig.id is obligated to provide services competently and with industry-standard care, but does not guarantee any specific economic or business outcome.
4.3 Unless otherwise agreed, dig.id is free in its choice of means, methods, tools, systems, employees, and engaged third parties.
4.4 dig.id is entitled to engage third parties for the provision of services.
4.5 Services not expressly included in the proposal, service description, or agreement are considered additional services and will be invoiced separately.
4.6 dig.id is entitled to provide services in partial stages and to issue interim invoices.
5. Prices, Hourly Rate and Billing
5.1 All prices are exclusive of applicable VAT.
5.2 The standard hourly rate of dig.id is CHF 160 per hour, unless otherwise agreed in writing.
5.3 Fixed prices, package prices, flat rates, indicative prices, and budget figures are based on estimated time requirements and, unless expressly agreed otherwise, constitute a basis for calculation and not an unconditional guarantee of effort.
5.4 Billing is based on actual effort incurred, to the extent provided for in the proposal, service description, or agreement, or when additional services, changes, corrections, revision rounds, extra work, delays, or work outside the agreed scope are required.
5.5 If it becomes apparent during the course of a project that the estimated effort will be exceeded, dig.id will inform the client. Further additional work will generally only be carried out after the client’s consent. Effort already incurred is owed in any case.
5.6 Time-based services are recorded internally by dig.id. dig.id is not obligated to attach detailed time logs to each invoice. A general description of the work performed is sufficient. More detailed information may be made available to the client upon request and within reasonable scope.
5.7 For package services, there is no automatic right to disclosure of all internally recorded hours.
5.8 Travel expenses, third-party costs, third-party provider fees, license costs, production costs, media costs, platform costs, and other disbursements are, unless expressly agreed otherwise, not included in the fee and will be invoiced separately.
6. Payment Terms
6.1 Invoices from dig.id are payable within 20 days of the invoice date without deduction.
6.2 For website projects, the following payment structure applies unless otherwise agreed: a) 40 percent upon placement of order, b) 20 percent upon design approval, c) 40 percent upon project completion or before go-live or handover.
6.3 For ongoing mandates and recurring services, invoicing is generally carried out monthly in arrears.
6.4 dig.id is entitled to request advance payments, prepayments, or interim invoices for larger projects, special services outside the project scope, third-party costs, reserved production capacities, or where there is reasonable doubt about the client’s willingness to pay.
6.5 If the client is in default of payment, dig.id is entitled, at its own discretion, to suspend all work, pause ongoing projects, withhold publications, go-lives, placements, handovers, or approvals, temporarily restrict access, accounts, or work statuses to the extent legally permissible, and to provide further services only against advance payment.
6.6 The following reminder fees apply: first reminder CHF 20.–, second reminder CHF 40.–.
6.7 Further consequences of default and additional costs, in particular internal and external collection efforts, enforcement costs, legal fees, collection agency charges, and other costs of debt recovery, shall, to the extent legally permissible, be borne by the client.
6.8 If enforcement proceedings must be initiated or a third party commissioned for collection, dig.id is entitled to additionally claim all related expenses and costs, to the extent not already covered by statutory flat rates or awarded party compensation.
6.9 Payments shall be applied, regardless of any contrary designation of purpose, first to costs, expenses, and ancillary claims, then to interest, and finally to the principal claim.
7. Client Cooperation Obligations
7.1 The client shall provide dig.id with all information, documents, content, access credentials, logins, approvals, contact persons, and decisions required for the provision of services in a timely and complete manner.
7.2 The client is obligated to review drafts, texts, layouts, campaigns, concepts, designs, setups, corrections, or other interim results provided to them promptly and to provide feedback and approvals within a reasonable period.
7.3 Delays, additional effort, extra revision rounds, waiting times, or project delays caused by the client’s late, incomplete, or contradictory cooperation shall be borne by the client and may be invoiced separately.
7.4 The client ensures that content, data, images, videos, logos, brands, texts, rights, access credentials, and instructions provided by them are legally permissible and do not infringe the rights of third parties.
7.5 The client is obligated to notify dig.id immediately of changes to their address, billing data, and relevant contact persons.
8. Approvals, Acceptance and Corrections
8.1 Content, designs, campaigns, texts, layouts, concepts, advertisements, stories, visuals, website modules, or other work results approved by the client are deemed accepted.
8.2 Subsequent changes, corrections, or reversals after approval have been granted are subject to additional charges.
8.3 If proposals or project descriptions provide for a specific number of revision rounds, any adjustments beyond these are to be remunerated separately based on actual effort.
8.4 Minor deviations, technical adjustments, typographic differences, system-related renderings, or platform-related variations do not constitute defects.
9. Performance Marketing
9.1 In the area of performance marketing, dig.id provides services including analysis, strategy, setups, tracking, campaign conceptualisation, ad creation, management, optimisation, reporting, and consulting.
9.2 dig.id does not guarantee specific results. In particular, there is no guarantee of success, revenue, profit, leads, bookings, reach, clicks, conversions, visibility, or ROAS.
9.3 The effectiveness of campaigns depends on numerous factors outside dig.id’s sphere of influence, including market behaviour, competition, seasonality, budgets, landing pages, offer quality, pricing, technical conditions, tracking quality, consent, algorithms, platform policies, and user behaviour.
9.4 Advertising accounts, business managers, tag managers, analytics and tracking accounts, and comparable systems are, where possible, set up in the client’s name and remain the property or ownership of the client.
9.5 Media budgets, platform costs, and advertising costs are paid directly by the client to the respective platform or provider. dig.id generally does not manage media budgets in a fiduciary capacity and does not act as a reseller of media services, unless otherwise agreed in writing.
9.6 dig.id assumes no liability for decisions, restrictions, or measures taken by platforms or third parties, in particular for rejections, account suspensions, policy violations, profile restrictions, reach reductions, algorithmic changes, system failures, tracking restrictions, or changes to ad formats.
9.7 dig.id is not liable for incomplete, erroneous, or unavailable tracking data caused by consent settings, browser restrictions, iOS or Android adjustments, cookie restrictions, server problems, faulty third-party integrations, inaccurate client data, or other reasons outside dig.id’s sphere of influence.
9.8 Reports and analyses are based on data provided by platforms, tools, and tracking systems. dig.id makes no warranty as to their completeness or absolute accuracy.
9.9 Setups, tracking configurations, campaign builds, audience definitions, ad variations, tests, and optimisations not expressly included in the agreed flat-rate scope are invoiced based on actual effort.
10. Social Media Marketing
10.1 In the area of social media marketing, dig.id provides services including strategy, editorial planning, content preparation, publishing, community management, storytelling, cross-posting, basic promotions, and reporting.
10.2 dig.id does not guarantee specific results, in particular no specific reach, engagement rate, community growth, follower count, visibility, number of messages, or concrete business outcomes.
10.3 Community management is only provided within the agreed scope. Without an express written agreement, there is in particular no obligation for permanent monitoring, crisis communication, real-time moderation, reputation defence, or handling outside regular business hours.
10.4 dig.id assumes no liability for comments, user reactions, reviews, reports, platform measures, account suspensions, shitstorms, reach reductions, or other reactions from third parties.
10.5 Paid advertising in the social media environment is not part of social media packages unless expressly agreed as performance marketing services.
10.6 Shoots, influencer campaigns, special promotions, competitions, advent calendars, prize draws, external productions, and comparable additional services are only owed if expressly commissioned.
11. Newsletter Marketing and Mailings
11.1 In the area of newsletter marketing, dig.id provides services including template design, setup, content creation, dispatch preparation, test sends, dispatch, and reporting.
11.2 dig.id assumes no liability for delivery rates, spam filtering, blacklisting, list quality, unsubscribes, technical limitations, or limitations of the newsletter system used.
11.3 Responsibility for the lawfulness of recipient data, consents, double opt-in processes, and compliance with data protection regulations regarding newsletter dispatch lies with the client, unless expressly agreed otherwise.
11.4 Newsletter systems, dispatch platforms, and associated costs are, where possible, set up in the client’s name and paid directly by them.
12. Web Design and Web Development
12.1 Website projects include only those services expressly listed in the proposal or service description.
12.2 Timelines, launch dates, go-live dates, and milestones serve as guidance unless expressly agreed otherwise. Their adherence requires in particular timely cooperation, approvals, and deliveries from the client.
12.3 dig.id is entitled to implement project phases in a logical order and to present services in stages for review or acceptance.
12.4 If the client fails to provide feedback within a reasonable period, dig.id may, following a prior reminder, assume that the relevant project phase has been approved, or may pause the project accordingly.
12.5 Requests for changes after a project phase has been approved, after acceptance of wireframes, designs, texts, functional concepts, or after the start of technical implementation are considered additional services and will be invoiced based on actual effort.
12.6 Unless expressly agreed otherwise, dig.id is not obligated to provide hosting, domain ownership, or ongoing maintenance, security monitoring, update services, or emergency interventions after project completion.
12.7 dig.id may coordinate or recommend hosting, domain management, tools, plugins, interfaces, cookie tools, booking systems, newsletter systems, analytics tools, or other third-party providers. However, the client is generally the contracting party for these services.
12.8 dig.id assumes no liability for third-party systems, external plugins, interfaces, booking engines, APIs, consent tools, payment systems, CMS extensions, server performance, security vulnerabilities, third-party updates, compatibility issues, or other impairments outside dig.id’s direct sphere of influence.
12.9 After go-live or handover, responsibility for the operation, content, currency, legal texts, maintenance, data backup, security, and upkeep of the website lies with the client, unless a separate agreement exists.
12.10 dig.id is entitled to withhold the publication of a website, the transfer of data, the handover of access credentials, or the go-live until all outstanding invoices have been paid in full.
13. Graphic Design, Photography, Videography and Content Creation
13.1 In these areas, dig.id provides services including conceptualisation, design, image editing, video editing, layout, production, post-production, copywriting, and creative development.
13.2 Production-related services such as shoots, props, models, voice artists, hair and make-up, styling, travel time, studio, printing, external production partners, or special equipment are only owed if expressly agreed.
13.3 Rescheduling or cancellation of shoots, filming sessions, or production appointments by the client may result in charges for effort already incurred, reserved capacities, and any third-party costs.
13.4 dig.id assumes no liability for the failure or non-performance of engaged external creatives, unless they were selected or instructed by dig.id in a grossly negligent manner.
14. Rights to Work Results
14.1 All copyrights, related rights, concepts, drafts, strategies, ideas, layouts, designs, raw data, source materials, artwork, open files, editing files, source codes, scripts, texts, visuals, templates, structures, and other work results remain, to the extent permitted by law, with dig.id or the respective rights holders.
14.2 Upon full payment of the fees owed, the client receives a non-exclusive, non-transferable right of use to the final work results expressly created for them, to the extent consistent with the agreed contractual purpose.
14.3 Without the express written consent of dig.id, the client is not entitled to pass on work results to third parties, grant sublicences, demand open files, raw data, or editable production files, exploit concepts, designs, or content outside the agreed purpose, or have the work results substantially further processed or reused by third parties, to the extent that doing so would impair dig.id’s rights.
14.4 The passing on of images, graphics, videos, layouts, or other content to partner companies, cooperation partners, franchisees, associations, hotels, tourism partners, or other third parties requires prior consent from dig.id, unless expressly agreed otherwise.
14.5 Raw material, unedited image and video material, open layout files, editable source files, and development files are not part of the standard scope of services and will only be released upon express written agreement.
15. Third-Party Rights and Client Responsibility
15.1 The client warrants that all content, data, brands, texts, images, videos, music pieces, logos, claims, fonts, access credentials, and instructions provided by them may be used lawfully.
15.2 The client indemnifies dig.id against all third-party claims arising from a breach of rights in connection with content delivered or approved by the client. The indemnification also covers reasonable costs of legal defence.
15.3 dig.id is not obligated to comprehensively review the legal compliance of content delivered or approved by the client.
16. Confidentiality
16.1 Both parties undertake to treat all confidential information, trade secrets, calculations, strategies, data, and documents that become known to them in connection with the contractual relationship as confidential.
16.2 This obligation continues to apply after the termination of the contractual relationship.
16.3 Excluded from this obligation is information that is publicly known, becomes public without breach of contract, or must be disclosed due to a statutory obligation.
17. Data Protection
17.1 Each party is responsible for compliance with the data protection regulations applicable to it.
17.2 dig.id assumes no liability for data protection violations by the client, in particular in connection with websites, tracking, cookies, consent solutions, newsletter systems, CRM systems, remarketing, lead forms, or imported data sets.
17.3 If additional data protection agreements are required for specific services, these will be concluded separately.
18. Warranty
18.1 Complaints must be reported to dig.id immediately, and no later than 5 working days after delivery, approval, publication, go-live, or other provision, in writing.
18.2 In the case of defects reported in a timely and justified manner, dig.id has the right to remedy the defect within a reasonable period.
18.3 If remediation definitively fails, the client may, to the extent permitted by law, request a reasonable reduction in the fee. Further claims are excluded.
18.4 Defects do not include in particular subjective matters of taste, system- or browser-related deviations, deviations due to third-party systems, errors caused by the client or third parties, and minor or reasonable deviations from drafts, mockups, or screen views.
19. Liability
19.1 dig.id is liable exclusively for damages caused by intentional or grossly negligent conduct on the part of dig.id.
19.2 To the extent permitted by law, any liability for slight negligence is excluded.
19.3 To the extent permitted by law, liability for indirect damages, consequential damages, consequential loss due to defects, indirect losses, loss of profit, loss of savings, reputational damage, production downtime, data loss, loss of revenue, loss of business opportunities, and third-party claims is excluded.
19.4 dig.id is not liable in particular for absent economic results, missing leads, bookings, sales or revenues, decisions or disruptions by platforms and third-party providers, technical failures, hosting problems or server outages, tracking gaps and erroneous third-party data, security incidents outside dig.id’s direct sphere of influence, and damages resulting from the client’s delayed cooperation, incomplete information, or unlawful instructions.
19.5 Liability on the part of dig.id in any case requires that the client has taken all reasonable steps to mitigate the damage.
20. Reference Use
20.1 dig.id is entitled to use completed or ongoing projects as a reference within the usual scope, in particular by naming the client, using the logo, and with screenshots, project descriptions, or general service information.
20.2 If the client does not wish to be used as a reference, this must be agreed in writing before the start of the project.
21. Suspension or Discontinuation of Services
21.1 dig.id is entitled to temporarily or permanently discontinue services if the client is in default of payment, significantly breaches cooperation obligations, requests or provides unlawful, misleading, or otherwise impermissible content, or where continued cooperation is unreasonable for dig.id.
21.2 In such cases, claims for remuneration already accrued, as well as claims for reimbursement of third-party costs, expenses, and reserved capacities, remain unaffected.
22. Final Provisions
22.1 Amendments and additions to individual agreements require written form or a verifiable electronic form to be valid.
22.2 Should any provision of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. The relevant provision shall be replaced by an effective rule that comes as close as possible to the economic purpose of the original provision.
22.3 Swiss law applies exclusively, to the exclusion of conflict-of-laws provisions.
22.4 The place of jurisdiction for all disputes is Basel, unless a mandatory statutory place of jurisdiction takes precedence.