Last updated: July 2026
These general terms and conditions ("Terms") apply to all business relationships between Viven AG, Zeughausstrasse 31, 8004 Zürich ("Viven") and its customers. Viven produces audiovisual products — in particular brand, product, employer-branding, how-to, social media and corporate films — and provides related consulting services. Deviating terms of the customer are not recognised unless Viven expressly agrees to them in writing.
Quotes and offers from Viven are subject to change; Viven reserves the right to modify prices and offers until acceptance by the customer. An order placed by the customer constitutes a binding offer. A contract is formed when Viven confirms the order in writing (email is sufficient) or begins performance. Cost estimates are prepared to the best of our knowledge; if it becomes apparent during production that significant additional effort is required, Viven will inform the customer before incurring additional costs.
Productions follow the agreed process: creative development, pre-production, production and post-production. The customer approves key milestones (e.g. concept, script, storyboard, rough cut) in writing. Approved milestones are binding for the further course of the production. Unless otherwise agreed, quotes include a maximum of two revision rounds per deliverable; additional revisions are charged at CHF 200 per hour. Compensation is based on the actual time and resources spent unless a fixed price has been agreed.
Delivery timeframes are indicative unless expressly agreed as binding in writing. Viven is not liable for delays caused by circumstances outside its control, in particular late deliveries of materials or approvals by the customer, weather conditions, illness or force majeure. Agreed timelines are extended accordingly.
The customer provides all information, materials, approvals and access required for the production in a timely manner. For materials supplied by the customer (e.g. logos, footage, photos, music, texts), the customer warrants that it holds all necessary rights and permissions and indemnifies Viven against third-party claims. The customer is responsible for keeping secure backup copies of materials it provides.
Upon full payment of the agreed compensation, the customer receives the usage rights to the delivered final films for the purposes, territories, channels and duration defined in the offer or contract. Unless expressly agreed otherwise, raw footage, project files and working materials remain the property of Viven, and no rights are transferred to them. Any use beyond the agreed scope (e.g. additional channels, adaptations, longer licence periods) requires a supplementary licence. Viven remains entitled to be named as producer and to use the finished work for its own portfolio, showreel and marketing purposes, unless the customer objects in writing for legitimate confidentiality reasons.
Productions may include third-party materials such as stock footage, photos, fonts and, in particular, music. Such materials are licensed from the respective rights holders for the specific use defined in the offer; the licence terms of those third parties (scope, territory, duration, media) apply in addition and may limit the customer's usage rights. Fees for third-party licences — including collecting-society fees (e.g. SUISA) where applicable — are borne by the customer unless included in the offer. Extended or renewed use may require re-licensing at the customer's expense.
Invoices are due within 30 days of the invoice date, net, without deduction. For projects exceeding CHF 10,000, the following instalments apply unless otherwise agreed: 50% upon conclusion of the contract, 30% before the start of production, 20% after completion. In the event of late payment, default interest of 5% per annum plus reminder and collection costs will be charged. In case of non-payment, Viven may suspend its services and retain all rights to the products until full payment has been received.
Changes to the agreed scope require the consent of both parties and may affect price and timeline. If the customer cancels a commissioned production, the following cancellation fees apply, based on the confirmed shoot or production start date, in addition to compensation for services already rendered and third-party costs already incurred:
The customer inspects deliverables promptly and notifies Viven of any defects in writing within 10 working days of delivery; otherwise the deliverable is deemed accepted. In the case of justified defects, Viven may first rectify them. Deviations that are within the scope of artistic freedom or based on subjective aesthetic judgement do not constitute defects, provided the agreed brief and approved milestones have been observed.
Viven is liable only for damage caused intentionally or by gross negligence. Liability for slight negligence, indirect or consequential damage — including lost profit and data loss — is excluded to the extent permitted by law. In all cases, Viven's total liability is limited to 25% of the value of the relevant contract. Viven may decline projects or individual instructions that conflict with its principles of artistic freedom or with applicable law.
Both parties treat as confidential all information designated as confidential or recognisable as such, and use it exclusively for the performance of the contract. The processing of personal data is governed by our privacy policy.
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected; the invalid provision shall be replaced by a valid one that comes closest to its economic purpose. These Terms and all contracts between Viven and its customers are governed exclusively by Swiss law, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Zurich, Switzerland.