1. Scope
1.1 These Terms and Conditions (“Terms”) apply to all business relationships between the film agency best stuff (hereinafter referred to as “best stuff”) and its clients. In case an individual offer includes different provisions, those shall take precedence.
1.2 best stuff produces audiovisual products (videos, photography, etc.; hereinafter referred to as “Products”) and advises clients on their creation. All services, deliveries, and offers are subject exclusively to these Terms. Deviating provisions shall apply only if expressly agreed upon in writing.
1.3 The client’s own terms and conditions are not accepted and shall not apply — even if best stuff does not explicitly reject them.
2. Conclusion of Contract
2.1 All price quotations and offers provided by best stuff are non-binding and may be modified at any time before acceptance by the client.
2.2 A client’s order constitutes a binding offer. Acceptance by best stuff is confirmed either in writing or implicitly by delivering the ordered Products.
3. Payment
3.1 Invoices must be paid within 30 days of the invoice date, in the currency specified.
3.2 If the payment deadline is missed, the client enters default without any reminder. From that moment, 5% interest on arrears is due. best stuff reserves the right to charge collection costs.
3.3 In case of default, best stuff may immediately suspend all further services and withhold all rights to the Products (see Section 10.1). best stuff may terminate related contracts without notice and claim compensation. The client waives any claims due to such suspension.
4. Services by best stuff
4.1 Fees are calculated based on actual time spent. The quoted fee is an estimate. VAT and expenses are not included and must be reimbursed separately.
4.2 Delivery times provided by best stuff are non-binding and for reference only. Liability for delays is excluded.
4.3 Delivery and insurance costs related to the assignment are the responsibility of the client.
4.4 Unless otherwise agreed, the following overtime surcharges apply:
8th–9th hour: +20%
10th–11th hour: +50%
12th–13th hour: +100%
14th hour and beyond: +150%
5. Client Obligations
5.1 The client must take all necessary steps to enable best stuff to deliver services on time and legally. In particular, the client ensures that best stuff has all required rights and permissions to complete the assignment without infringing third-party rights. The client is responsible for project coordination (e.g., a designated point of contact).
5.2 The client must store the delivered Products securely and implement appropriate measures against data loss (e.g., backups). best stuff assumes no liability for data loss.
6. Obligations of best stuff
6.1 best stuff may reject instructions that deviate from the agreed concept or unreasonably restrict artistic freedom (see Section 10.1.1).
6.2 Delivery is deemed completed when the Products are uploaded to a cloud platform or physically handed over to the client or their representative.
For Video on Demand content, delivery and payment processing are handled via Vimeo’s On Demand platform.
6.3 best stuff is not obligated to retain or archive Products after delivery. Archiving is the client’s responsibility.
7. Changes and Cancellations
7.1 Orders are binding. In case of changes or cancellations, best stuff may claim compensation for losses (e.g., rented equipment, booked personnel, or other unrecoverable expenses).
7.2 If a production is postponed or cancelled less than 48 hours before the scheduled shoot (excluding weekends and public holidays in Zurich), 100% of the quoted fee is due as a contractual penalty, payable within 10 days.
Cancellations made:
less than 72h before = 75% due
less than 96h before = 50% due
less than 144h before = 25% due
more than 7 days before = no feeIn addition, the client must cover any costs already incurred.
8. Defects and Complaints
8.1 best stuff performs all services with care and in line with professional standards. As the work involves artistic expression, it is subject to personal taste. A client’s subjective dissatisfaction (e.g., with style or concept) is not considered a defect.
8.2 The client must inspect the delivered Products immediately and report any objective defectsin detail without delay.
8.3 In the event of a justified defect, best stuff may choose to reduce the fee or correct the issue. Clients may not make changes or replacements without best stuff’s approval.
9. Limitation of Liability
9.1 Liability is limited to 25% of the agreed fee estimate. best stuff is not liable for force majeure (incl. malware or viruses) or accidents, even in case of delay. Liability for slight or moderate negligence is excluded.
9.2 Liability for auxiliary persons is excluded — even in cases of intent or gross negligence. For employees under Art. 101 para. 3 CO, liability for slight negligence is excluded.
10. Intellectual Property
10.1.1 Ownership: Pascal Berger owns and operates this website and all associated media. As the lead producer of best stuff, Berger holds exclusive copyright and distribution rights to the content presented here and on our verified social media channels.
10.1.2 Ownership and all intellectual property rights (incl. copyright) remain with best stuff until full payment is received. best stuff may withhold delivery until payment is made.
10.1.3 Ownership and IP rights for digital content purchased via the webshop remain with best stuff, even after payment. Clients and visitors may not copy, distribute, or market such content without explicit permission. This also applies to publicly accessible content on the best stuff website.
10.2 Upon full payment, the client receives the agreed rights of use and ownership of physical deliverables, as specified in the contract. Unless otherwise agreed, all rights not explicitly transferred remain with best stuff.
10.3 best stuff reserves the right to use any audiovisual works (films, photos, etc.) created during the assignment for its own portfolio or promotional purposes. The client grants best stuff unrestricted usage rights for this.
11. Termination
11.1 best stuff may terminate cooperation immediately if major concerns arise — particularly if the project deviates from the agreed concept, violates best stuff’s values, or risks infringing third-party rights. Upon termination, all open fees become immediately payable. best stuff may withhold deliverables and claim compensation equal to fixed costs expected for the next three months.
12. Contractual Penalty
12.1 Unauthorized use of Products beyond the agreed scope is prohibited. Any violation will result in a contractual penalty of CHF 5,000. Continued use will incur weekly penalties. Additional claims for damages remain reserved.
13. Final Provisions
13.1 Rights under this contract may not be transferred without written approval from best stuff. Place of performance is the registered office of best stuff in Switzerland.
13.2 The client waives the right to offset claims or assign them to third parties.
13.3 All communication must be sent by email to: info@beststuff.ch
13.4 All legal relationships are governed by the substantive laws of Switzerland.
13.5 Jurisdiction for all disputes is the ordinary courts at the registered office of best stuff. best stuff may also sue at the client’s place of residence.
