General terms and conditions
Clear agreements for film, photography, motion and digital design.
1. Agreement and scope
These terms apply to creative services provided by Maguera Marta Guerreiro, trading as maguera., in Kriessern, Switzerland. They form part of a project agreement only if made available before the agreement is concluded and accepted by the client. A website visit or enquiry does not place an order.
An order is confirmed by acceptance of the proposal or project agreement in text form, including email. It defines the services, deliverables, fee and schedule. Individual agreements and mandatory law take precedence.
2. Collaboration and timing
The client supplies the agreed information, materials, feedback and approvals in time and ensures the necessary permissions for the agreed use of supplied content. Both parties discuss delays, production constraints and their effect on timing or cost promptly.
Where a project requires additional expertise, maguera. may involve carefully selected collaborators and remains responsible for its contractual obligations. Additional external costs require prior agreement.
3. Revisions and additional work
Included revision rounds and review stages are stated in the proposal. Changes to the approved brief, additional versions or work beyond the agreed scope are discussed and approved, including their cost and timing, before they are carried out. Final creative approval is recorded in text form, including email.
4. Fees and payment
Unless agreed otherwise, invoices are payable within 30 days of the invoice date without deduction. Any advance or milestone payments are agreed in the proposal. Prices are stated in Swiss francs unless another currency is agreed; any applicable VAT is identified separately.
Travel, licences, production expenses and other third-party costs are charged only as agreed. The project agreement states whether the fee is fixed or based on time spent.
5. Usage rights and project files
After full payment, the client receives the agreed usage rights to the final deliverables for the agreed purpose, channels and scope. Rights in unused concepts, raw footage and editable project files are not automatically transferred; their delivery and use require a separate agreement. Third-party licence conditions remain applicable.
The use of AI-generated or composite content is agreed where relevant to the project. Any limits arising from third-party licences are taken into account when agreeing the deliverables and usage rights.
6. Changes and project cancellation
Both parties communicate changes, postponements or a project cancellation promptly. Work already performed and agreed third-party costs that can no longer be avoided are settled in accordance with the project agreement and applicable law. Any further compensation for reserved production dates requires a separate, legally permissible agreement. Statutory termination rights and their consequences remain unaffected.
7. Confidentiality and portfolio use
Both parties treat non-public project information confidentially and use it only for the collaboration. Collaborators are bound to appropriate confidentiality. Publication of client work, names or logos in the maguera. portfolio, credits and any embargo are agreed with the client.
8. Care, issues and applicable law
maguera. carries out the agreed work with professional care. The client reports identifiable faults promptly so they can be reviewed. Faults attributable to maguera. are corrected within a reasonable time at no additional charge; requests that change the agreed scope are handled as additional work. Approval of the creative direction does not remove applicable statutory rights relating to faults.
Liability is governed by the project agreement and applicable law. These terms do not exclude or limit liability for intent or gross negligence, or other liability that cannot lawfully be restricted. Swiss law applies, subject to mandatory protections. Jurisdiction follows the applicable statutory rules.