Terms and Conditions of Service

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1. General information

   1. These general terms and conditions (GTC) define the rights and obligations between Lemon Sàrl ("Lemon") and the client. A contractual relationship begins upon Lemon's acceptance of the mandate.
   2. The GTC apply to all contracts between Lemon and the client, unless otherwise specified in specific agreements. They take precedence over the client's general terms and conditions.
   3. Lemon may modify its services and the GTC for technical or market-related reasons, subject to preserving the interests of the principal. The modifications shall take effect upon notification, unless written objection is received within 7 days. In the event of objection, the principal may terminate its contracts with the required notice period.

2. Scope of services

   1. Lemon offers services in visual communication, marketing management, advertising, web development, and hosting, depending on the contract agreed upon and the resources available.
   2. Lemon may collaborate with third-party suppliers or partners to perform its services.
   3. Close collaboration between Lemon and the client may be necessary, with obligations and objectives defined by contract. If the client fails to fulfill its obligations of cooperation or acceptance, Lemon may suspend its services and charge for the costs incurred.
   4. The client must configure the necessary tools (Analytics, Pixel, etc.) and provide Lemon with the access required to monitor digital campaigns (social media accounts, statistics, etc.). Lemon guarantees the confidentiality of the data provided.

3. Right of use, copyright, and reproduction

   1. The works created by Lemon are strictly reserved for the use specified in the contract, limited to the first use within the defined scope, duration, and geographical area. Any reuse or unauthorized use requires the prior consent of Lemon and additional remuneration.
   2. The copyright on all works created by Lemon (designs, sketches, projects, etc.) remains the exclusive property of Lemon, in accordance with the Federal Law on Copyright and Related Rights of October 9, 1992. The client may not modify these works without Lemon's written authorization.
   3. The original documents intended for production (in particular publishing documents) remain the exclusive property of Lemon.
   4. Lemon reserves the right to acknowledge its authorship by affixing its name or a distinctive sign to the works, without altering their graphic design. Lemon may also reproduce its works for its personal documentation or to promote its achievements.
   5. The reproduction rights for works created by Lemon shall only be transferred to the client after full payment of the fees and expenses due under the contract. In the absence of full payment, Lemon shall remain the exclusive owner of these rights.

4. Web development

   1. Lemon guarantees system compatibility with major browser versions until the system goes live. Any necessary adjustments after the system goes live are the responsibility of the client.
   2. The client must report errors during development. After going live, all corrections or modifications will be billed.
   3. The client is responsible for its equipment (software and hardware) and must ensure that it complies with the technical requirements defined by Lemon. Lemon does not guarantee operation on non-compliant terminals.
   4. The client must prevent unauthorized access and viruses. In the event of disruption caused by its equipment, Lemon may suspend its services without notice, without reduction or refund, and claim compensation for damages suffered.

5. Hosting and maintenance

   1. Unless otherwise agreed, the digital products developed are hosted by Lemon on third-party servers. Lemon provides maintenance, including monitoring and security updates.
   2. Lemon is not responsible for interruptions necessary for maintenance, repair, or improvement of services, nor for loss or damage to data transmitted or stored on the Internet.
   3. Hosting and maintenance services have a minimum duration of 12 months and are automatically renewable, unless terminated in writing with three months' notice.
   4. In the event of suspension of services, the contractual amounts remain payable.
   5. The provisions of the Federal Product Liability Act of June 18, 1993 (LRFP) remain fully applicable.

6. Responsibilities relating to content

   1. The client is responsible for the use of products developed or managed by Lemon, including content published on associated websites or social media accounts. The client agrees to:
      • comply with applicable laws, in particular by avoiding any content that is illegal, immoral, or harmful to minors;
      • not violate copyrights or other protected rights, such as trademarks or third-party names;
      • Do not use Lemon's services to harm others, spread malware, or send spam.
   2. Lemon is not required to verify the legality of the content provided by the client. In the event of illegal or questionable content, Lemon may deactivate the services concerned, block access to the offending content, and terminate the contract without notice.
   3. If legal proceedings are initiated or doubt persists regarding content, Lemon may maintain these measures until resolution.

7. Fees & charges

   1. Lemon's fees are calculated based on the time spent and the defined hourly rate. An estimate is submitted to the client before any services are provided. Any changes to the order that result in additional costs will be notified and justified in the final invoice.
   2. Fees are payable for each phase of work completed. Lemon invoices according to its estimate or the work performed.
   3. In the event of an order reduction or cancellation, Lemon is entitled to:
      • payment for work performed;
      • the reimbursement of expenses incurred with third parties;
      • to freely use the work performed until cancellation.
   4. A deposit may be required before work begins, with the balance invoiced at the end of the project or in stages as work progresses.
   5. In the event of non-payment or failure to contest the invoice in writing by the due date, Lemon may suspend its services. The client remains liable for payment of the amounts due, and fees may be applied to restore services.

8. Privacy

   1. Lemon undertakes to preserve the confidentiality of information communicated by the client or obtained in the course of the mandate.
   2. The parties undertake to keep the other party's information confidential, including the content of contracts and annexes, and not to disclose it to unauthorized third parties.
   3. The rights granted to the principal for the use of Lemon's services are strictly personal and may not be transferred to third parties without Lemon's written consent.

9. Legal skills

   1. All legal relationships with Lemon are governed exclusively by Swiss law. The place of jurisdiction is Neuchâtel.
   2. If any provision of these Terms and Conditions is found to be invalid or unenforceable, this shall not affect the validity of the remaining provisions. It shall be replaced by a valid clause that reflects as closely as possible the economic effects originally intended.

Neuchâtel & Delémont – January 2025 edition