Scope of application
These general terms and conditions apply to all photography, video, graphic design and image strategy services provided by Agence Day (hereinafter “Day”) to its clients, excluding the Day One year-round partnership, which is governed by specific conditions provided with the contract. Any order constitutes acceptance of these terms.
Offer and order
Each assignment is the subject of a written fixed-price offer, valid for 30 days. The order becomes binding upon written acceptance of the offer (email included). Any service not provided for in the offer is subject to an addendum accepted by the client before it is carried out.
Prices and payment
Prices are in Swiss francs, excluding VAT (8.1% VAT additional). Unless otherwise stated in the offer, invoices are payable net within 30 days. For assignments above CHF 5,000, a 50% deposit is invoiced upon order. In the event of late payment, default interest of 5% per annum is due (Art. 104 CO) and Day may suspend ongoing deliveries.
Scheduling and cancellation
Services are scheduled by mutual agreement. In the event of cancellation or postponement by the client: more than 7 working days before the service, no charge; between 3 and 7 days, 50% of the service amount; less than 72 hours, 100%. Costs already incurred (rental, travel) are invoiced in all cases. If Day is prevented from performing (illness, force majeure), the service is postponed at no charge to the earliest possible date.
Delivery and approval
Deliverables are made available in the Day client area (approval gallery, then final files). The client has 10 working days to submit comments; after that period, the deliverables are deemed approved. One round of corrections is included in each offer; additional requests or changes to the brief are subject to an addendum.
Usage rights
Delivered and paid images, films and creations may be used by the client for all of its communications, on any medium, without time limit. Day remains the copyright holder and retains the right to present the work as a reference (website, social media, presentation materials), unless the client requests otherwise in writing. Any transfer to a third party or paid advertising use on a national scale is subject to a specific agreement. Raw files (RAW, rushes) are not delivered.
Client obligations
The client provides in good time the information, access, authorisations and availability required (locations, people, image rights of the people photographed or filmed, graphic materials). The client designates a representative authorised to approve.
Retention of files
Delivered files remain accessible in the Day client area. Day keeps a copy of the deliverables for at least five years, with no archiving obligation beyond that.
Liability
Day's liability is limited to the amount of the service concerned. Day is not liable for the consequences of incorrect information provided by the client or for the use made of the deliverables after approval.
Applicable law and jurisdiction
Swiss law applies. The place of jurisdiction is the registered office of Agence Day (Cugy, Fribourg). The parties shall endeavour to settle any dispute amicably before any proceedings.
Version
General terms and conditions in force from October 2026. They may be amended; the version that applies is the one in force on the date of the offer.