General Terms and Conditions

1. Scope and Contracting Parties

These General Terms and Conditions govern the legal relationship between Slegna Sholaan Visvanathan, hereinafter referred to as Slegna, and its clients.

These terms apply to all offers and services provided by Slegna, in particular photography, videography, editing, retouching, website creation and modification, and related services, as well as the sale of vouchers, prints and digital products.

Any differing terms proposed by the client will only be recognised if Slegna expressly agrees to them in writing, for example by email.

Swiss law applies exclusively.

2. Formation of the Contract

Quotations from Slegna are non-binding unless expressly stated otherwise.

A contract is formed by:

1. the client’s written acceptance of a quotation, for example by email, or
2. Slegna’s written confirmation of an order or project, for example by email, or
3. a clear verbal agreement subsequently confirmed by Slegna.

The specific scope of services, number of hours, number of edited images or videos, formats, delivery deadlines and total price are set out in the quotation, order confirmation or project contract.

In case of doubt, Slegna’s written order confirmation takes precedence over other agreements.

3. Services Provided by Slegna

Slegna provides the agreed services to the best of its knowledge and ability, in accordance with the customary quality standards of a professional photography and videography business.

The exact scope of services, in particular:

1. the number of shooting hours,
2. the number of edited images or completed videos,
3. the delivery formats, for example JPG, MP4, an online gallery or a storage medium,
4. the delivery deadlines,

is agreed individually for each order and recorded in the quotation or order confirmation.

Slegna may engage suitable assistants and partner companies without incurring additional costs for the client, unless otherwise agreed.

4. Client’s Duty to Cooperate

The client must provide all information, documents and materials required to perform the services in full and in good time.

The client is responsible for ensuring that all necessary permits for photography and filming at locations or events are in place, except for drone flight permits, for which Slegna assumes responsibility.

The client is responsible for ensuring that everyone concerned at events, particularly guests and participants, is informed about photography and filming. Slegna accepts no liability for any claims by third parties invoking personality rights.

Delays or additional work resulting from the client’s failure to cooperate, or late cooperation, may lead to rescheduling and additional costs, which will be charged to the client.

5. Dates, Rescheduling and Cancellation

The project or shooting date is agreed jointly and recorded in the order confirmation.

Cancellation by the Client

1. Cancellation up to two weeks before the start of the project or shoot is free of charge. Any deposits already paid will be refunded.
2. For cancellation up to one week before the start of the project or shoot, fifty per cent of the total amount is payable, or the deposit already paid will be retained as compensation.
3. If cancellation occurs later, Slegna may charge up to one hundred per cent of the agreed fee, depending on the agreement, particularly if substantial work has already been carried out.

Rescheduling by the Client

1. Rescheduling up to two weeks before the start of the project or shoot is generally possible free of charge, provided an alternative date can be found.
2. For rescheduling within one week before the start of the project or shoot, Slegna may request reasonable compensation, particularly if costs or time have already been incurred.

Illness or Force Majeure Affecting Slegna

1. In the event of illness, an accident or force majeure, Slegna will endeavour, where possible, to arrange an equivalent replacement.
2. If this is not possible, any deposit already paid will be refunded in full. Any further claims by the client are excluded.

Illness or Force Majeure Affecting the Client

1. If the client cancels due to illness, an accident or force majeure, Slegna may retain the deposit already paid.
2. The project may be rescheduled for another date by agreement. In that case, the retained deposit will be credited towards the new date.

6. Prices and Payment Terms

Prices are based on the individual quotation, the agreed fixed price or the agreed hourly rates. These may vary depending on the project.

Unless otherwise agreed in writing, payments are generally due within thirty days of the invoice date, without deduction.

Accepted payment methods include bank transfer using a payment slip, Twint and cash.

A deposit of fifty per cent of the total amount is generally required. It is due at least one week before the start of the project or shoot. Exceptions may be agreed individually depending on the project.

Slegna may issue interim invoices for larger or longer-running projects.

7. Late Payment and Reminders

If payment is not received by the due date, the client is in default without any further reminder.

Reminder Process

1. In the event of late payment, an initial reminder is sent. This reminder grants the client an additional seven days from the date of delivery, at no extra cost.
2. If payment is still not made after the first reminder, a second reminder is sent. In this case, the original invoice amount is increased by fifteen per cent as default interest.
3. If payment is still not made after the second reminder, a third reminder is sent. The amount stated in the second reminder is increased by a further ten per cent.
4. If the third reminder is unsuccessful, the matter may be referred to a debt collection agency or the relevant debt enforcement office. This may result in additional costs for the client.

Slegna reserves the right to suspend ongoing work where payments remain outstanding and to deliver data or materials only after full payment has been received.

8. Usage Rights and Copyright

Slegna remains the author of all photographs, videos, designs and other creative content produced, even where usage rights are granted to the client.

Upon full payment of the agreed fee, the client receives the right to use the delivered works within the agreed scope, for both private and commercial purposes, unless expressly agreed otherwise. Copyright remains with Slegna.

Sharing and Use by Third Parties

1. The client may share the material with third parties insofar as this serves the client’s purposes, for example use on the client’s own website, social media channels or printed products.
2. Use by third parties beyond this purpose, for example publication on other social media channels or use by other companies, requires Slegna’s prior written consent and may be subject to a fee.
3. Resale or independent licensing of the material by the client is expressly prohibited.

Portfolio Use and Self-Promotion

Slegna reserves the right to use works produced to a reasonable extent for its own purposes, in particular its portfolio, website, social media, presentations and self-promotion, unless otherwise agreed in writing and provided this does not infringe the client’s legitimate interests.

Extended and Exclusive Usage Rights

1. At the client’s request, extended or exclusive usage rights may be granted for an additional fee.
2. Where exclusive usage rights are granted, Slegna waives its own use of the works concerned for future self-promotion, provided this is expressly agreed and appropriately compensated.

9. Data Delivery and Archiving

Data delivery, formats and resolution are governed by the individual agreement.

Slegna generally delivers works in a commonly used digital format, for example JPG or MP4, and at a resolution of appropriate quality for the agreed purpose, such as online use or printing.

Slegna is not obliged to archive data or files permanently. The client is responsible for creating their own backup copies.

10. Liability

Slegna is liable for its own intentional misconduct and gross negligence within the scope of the applicable statutory provisions.

Liability for slight negligence is excluded to the extent permitted by law.

In particular, Slegna accepts no liability for:

1. late delivery due to technical problems, service provider outages, force majeure or other events beyond Slegna’s control,
2. damage resulting from technical problems with data storage or transmission,
3. accidents or damage affecting the client or third parties in connection with a project or order,
4. missing or insufficient permits obtained by the client for locations or events,
5. third-party claims arising from a failure to inform guests or participants about photography and filming.

Mandatory statutory liability provisions, particularly those concerning personal injury, remain unaffected.

11. Data Protection

Slegna collects, processes and stores clients’ personal data only to the extent necessary to fulfil the order or maintain the client relationship.

This may include, in particular: name, address, email address, telephone number, payment information and other data provided by the client.

Slegna may use cloud services, online gallery providers, newsletter tools, analytics tools for its own website and similar services for storage and processing. Wherever possible, care is taken to select providers with an adequate level of data protection.

Further information on data processing may be set out in a separate privacy policy on Slegna’s website.

12. Vouchers, Prints and Digital Products

These General Terms and Conditions apply correspondingly to vouchers, prints and digital products, unless specific provisions are expressly made.

The validity period of a voucher and any restrictions on its redemption are stated when the voucher is issued.

Digital products are generally made available after payment has been received. Returns or refunds for digital downloads are normally excluded, provided the product has been delivered as described.

13. Final Provisions

Amendments and additions to the contract, and to agreements relating to these General Terms and Conditions, must be made in writing, for example by email.

If individual provisions of these General Terms and Conditions are or become wholly or partly invalid, this does not affect the validity of the remaining provisions. A provision that comes closest to the economic purpose of the invalid provision will be deemed agreed in its place.

The place of jurisdiction for all disputes arising from or in connection with Slegna’s services is the Canton of Bern. Mandatory statutory places of jurisdiction for consumers remain reserved.