Terms of Service

Last updated: October 1, 2025

1. General Provisions

1.1. These Terms of Service ('Terms') govern the use of services provided by Nero Studio ('Studio', 'we', 'us') to the Client ('Client', 'you').

1.2. Using the services means you accept these Terms. If the Client disagrees with any provision, they cannot use the services.

1.3. The Terms apply to all agreements with the Client, regardless of the form (online, email, via client portal).

1.4. In case of a conflict between the Terms and an order/offer, the order/offer shall prevail, but only to the extent that it does not violate the overriding provisions of the Terms.


2. Definitions

  • Service / Order: video production, editing, digital avatar, add-ons, etc.
  • Client Material: files, graphics, music, video, texts provided by the Client.
  • Deliverable: the final material handed over to the Client (production file, export, target format).
  • Correction / Revision: a change in the deliverable according to the agreed scope.
  • Deposit: a portion of the price payable before work begins.
  • Schedule / Deadlines: the established plan for milestone execution.
  • Limitation of Liability: the maximum amount for which the Studio is liable (see § 7).
  • Force Majeure: independent events, impossible to foresee or avoid (natural disasters, failures, war, blackouts, network access interruptions).

3. Scope of Services and Execution

3.1. The Studio agrees to perform the service according to the agreed specification (description, brief, package).

3.2. The Client provides materials (video, audio, graphics, texts) within the deadlines specified in the order. Delays in providing materials by the Client may shift the schedule or result in additional costs.

3.3. In the event of delays on the part of the Studio exceeding [number] days without a justified reason, the Client is not entitled to any compensation or damages—except for a possible partial refund of the fee for the service, up to the liability limit specified in § 7.

3.4. If the Client requests changes/features not included in the order, an addendum and an additional fee will be required.


4. Deadlines, Delays, and Postponements

4.1. The Studio commits to delivery within the terms specified in the agreement, subject to the conditions of §3 and §5.

4.2. Delays caused by the Client (e.g., lack of materials, lack of approvals) may result in deadline shifts and additional costs, of which the Studio will notify the Client in writing.

4.3. In the event of force majeure, the delivery time is extended by the duration of the obstacle (§9).


5. Payments, Deposits, Cancellation

  • 5.1. The Client pays a deposit of [X]% of the total service price before work begins. The remainder is payable upon delivery of the final material or at agreed milestones.
  • 5.2. In case of late payment by the Client:
    • statutory interest for late payment will be charged,
    • the Studio has the right to suspend work and access to materials,
    • the Studio may retain rights to the deliverables until payment is settled,
    • any collection costs shall be borne by the Client.
  • 5.3. If the Client cancels before work begins, the Studio will refund the deposit in full (100%).
  • 5.4. If work has already started, the Studio will charge a proportional fee for the completed part and retain the remainder of the deposit as compensation.
  • 5.5. The Client cannot claim a refund if the service has been fully performed and the final material has been delivered and accepted (§5.2).

6. Corrections / Revisions

6.1. The offer may include a limit on free revision rounds (e.g., 2–3).

6.2. Additional revisions beyond the limit are charged according to the price list.

6.3. The Client must submit comments within a specified period (e.g., 7 days from delivery of the draft version). No response = acceptance of the version.

6.4. After accepting the final version, the Client cannot request further changes without additional costs.


7. Limitation of Liability

7.1. Nero Studio is not liable for indirect damages, lost profits, reputational losses, business interruptions, or errors resulting from poor quality client materials or supplied files.

7.2. The maximum liability of the Studio, for any reason (contract, tort, negligence), shall not exceed the amount paid by the Client for the specific project/service.

7.3. In no event may the Client claim compensation from Nero Studio exceeding the amounts or conditions specified in the Terms.

7.4. The Studio does not guarantee specific marketing results, reach, or profit—services are provided based on skill and best practices.


8. Copyright, Licenses, and Client Materials

8.1. The Client declares that they hold the rights/licenses to all provided materials (music, graphics, video, texts) and that their use will not infringe on third-party rights.

8.2. Upon receipt of full payment, the Client receives a license to use the deliverables—non-exclusive, limited territorially/temporally/as agreed in the order.

8.3. The Studio may retain rights to the source files (raw files), unless otherwise agreed.

8.4. The Client may not share, sell, or modify the deliverables beyond the scope of the agreement without the Studio's consent.

8.5. The Studio has the right to use excerpts of the work in its portfolio or demonstrations (with a watermark or under contractual terms), unless the client requires otherwise.


9. Force Majeure

9.1. Independent events (natural disasters, failures, access interruptions, government actions, etc.) release the parties from liability.

9.2. The delivery time is automatically extended by the duration of the force majeure. After the obstacle is removed, the parties will establish a new schedule.


10. Termination of Agreement

10.1. The agreement may be terminated in writing, with settlement for the work performed.

10.2. If the Client commits a material breach of the Terms, the Studio may cease providing services, suspend access, and retain payments, without a refund.

10.3. In case of termination, the Studio may retain rights and files until payments are settled.


11. Changes to the Terms

11.1. The Studio reserves the right to change the Terms. New versions come into effect [n days] after publication.

11.2. A client starting a project after the change accepts the new version.

11.3. A client who disagrees with the changes may terminate the agreement if the project has not yet started.


12. Governing Law and Jurisdiction

12.1. These Terms are governed by the laws of Switzerland.

12.2. Any disputes arising from or related to the agreement will be resolved exclusively by courts or arbitration institutions in Switzerland.

12.3. The Client agrees that the jurisdiction of Switzerland will be exclusive, and waives claims in other jurisdictions, to the extent permitted by local law.

12.4. To the extent that applicable law provides that certain provisions cannot be fully excluded (e.g., in consumer law), those provisions will be applied in accordance with legal requirements, but in all other respects, Nero Studio assumes no liability beyond the limits provided in § 7.


13. Final Provisions

13.1. If any provision is invalid or unenforceable, the remaining provisions remain in force.

13.2. The Studio may transfer rights/obligations (assignment) to an affiliated entity, informing the Client.

13.3. Notifications and communication are made via email to the addresses provided by the parties.

13.4. These Terms and the order constitute the entire agreement between the parties and supersede previous arrangements.

14. Clause: 'Consulting & Special Tasks' Service

Scope of Consulting Service

The 'Consulting & Special Tasks' service consists of the remote preparation of an opinion, analysis, recommendation, or report based on data/materials provided by the Client. It does not include face-to-face meetings, client visits, or 'in-situ' work—all activities are performed remotely.


Form of Delivery

The opinion/analysis/report will be delivered in written or electronic form—a PDF document, a presentation, an email, or another agreed-upon format. The Client does not receive a physical meeting or live consultation unless explicitly agreed upon and priced.


Client's Materials and Data

The Client is obliged to provide Nero Studio with all necessary information, data, source materials, and context for the performance of the consulting service—in a form that Nero Studio can operate with (e.g., files, links, descriptions). Lack of or incorrect materials may delay the process or lower the quality of the service—in such a case, the Client cannot later claim a full refund.


Limitation of Liability

Nero Studio does not guarantee that the opinions/recommendations will be effective, that they will bring a specific market result, or that they will be accepted by third parties. The Client accepts that the service is advisory in nature. Nero Studio is not responsible for decisions made by the Client based on the materials provided.


Fees and Payments

Consulting services and special tasks are priced individually. After accepting the budget, the Client pays a deposit (50%) before work begins. After the delivery of the opinion/report and acceptance by the Client, the remaining part is paid.


Copyright / Licenses

Nero Studio retains the copyright to the report/analysis/opinion until full payment is received. Upon payment, the Client obtains a limited (or full, depending on the agreement) license to use the report within their scope of business.


Confidentiality

During the provision of the consulting service, both parties undertake to maintain the confidentiality of all information, data, and analyses that are not publicly available, and not to use them for purposes other than the performance of this service.