Terms and Conditions

1. General conditions of VIMS

1.1 Introduction

The provisions of the Swiss Code of Obligations (CO; RS 220), which are valid for traditional sales contracts, apply to the services performed by VIMS.

​

According to art. ss. 184 CO, a sales contract can be concluded in a few forms, such as when the two parties shake their hands or if a buyer signs an agreement to use the services provided by VIMS. VIMS clients can also conclude a sales contract by sending an email with their consent. Prerequisite: the two parties must agree on the essential points, namely in particular the object of the sale, the purchase price and the conclusion of a sales agreement.

 

The non-binding provisions relating to the sales agreement can, moreover, be adapted individually within the limits of the law. These changes may be stated by the seller in the form of general conditions of sales (GCS). The GCS are an integral part of an agreement once the buyer has been made aware of the GCS before the conclusion of the agreement, and has had the opportunity to read and approve them.

1.2 Warranties

The services performed by VIMS are provided as is, with all faults, and VIMS express no representations or warranties, of any kind related to the services offered to a party that has concluded the contract. Nevertheless, VIMS is not obliged by law, but can at the will of company's management provide a warranty for its services if it wishes to.

1.3 Payment conditions

Before agreeing to a service, the client is informed with the tariff for any particular service offered by VIMS. Any service, which is currently offered by VIMS, once it's been performed, should be rewarded accordingly, depending on the number of hours used to complete a service. Once the amount of the reward has been calculated, in relation to the time it took to complete a service, the client can choose what means of payment she/he'll refer to. The means of payment are provided in the final bill and the client should respect the range of choices. Nevertheless, the client can request to pay for the services immediately upon completion of a service, then in such case, the two parties should discuss what kind of mode of payment should they proceed by.

1.4 Service delivery

VIMS delivers its services to companies or individuals internationally, where a trade agreement between Switzerland and the country of interest (i.e. where companies or individuals are based). Therefore, anyone who is legally entitled to get marketing consultation from Switzerland, can refer to the services provided by VIMS. However, if some kind of a prohibition exists, then VIMS should be informed immediately, and the two parties can seek an alternative legal solution in a possibility. If not, then VIMS refuses to engage in any affairs that go against the law.

1.5 Changes or refusal to VIMS Services

If a client suddenly has changes in plans, which come in conflict with the services performed by VIMS, she/he should inform VIMS immediately at a notice of at least 48 hours before the appointment and the two will then reschedule to another date appropriate to both parties.

​

A client can't refuse the services ordered from VIMS once an agreement has been reached with its client. However, a few exceptions are put in place. A client can refuse the service ordered from VIMS only if he accepts to pay in full for at least 10 hours of work provided by VIMS. VIMS reserves the right, to request an increase in payment if the work accomplished by VIMS has taken more time. The agreement only terminates once the service has been delivered in full by VIMS and the client paid in full for the service delivered respectively.

1.7 Payment possibilities

The means of payment are provided in the final bill and the client should respect the range of choices. Nevertheless, the client can request to pay for the services immediately upon completion of a service, then in such case, the two parties should discuss what kind of mode of payment should they proceed by.

1.8 Protection of Data

Any sensitive data that is collected during the period of collaboration should in no case be transmitted and sold to any third parties unless the client gives her/his full consent. With a consent of its clients, VIMS can use extracts such as audio, video, text, images or other material for its marketing and analysis purposes. It is the client's responsibility to consult the Privacy Policy  of VIMS before entering into an agreement. 

1.9 Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the Canton of Vaud in Switzerland, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Switzerland for the resolution of any disputes.

​

2. Protection of Data on the Website

2.1 Introduction

With respect to the latest requirements from the Federal Act on Data Protection (FAPD) and the EU GDPR (i.e., General Data Protection Regulation), Vanguard Integrated Marketing Solutions - VIMS, titulaire Zhuravlev (the company) makes it clear to its users (i.e., anyone surfing on the website) on how their data is collected, processed, and analysed.

 

These Standard Terms and Conditions written on this webpage shall manage your use of our website, managed by Vanguard Integrated Marketing Solutions - VIMS, titulaire Zhuravlev.

These Terms will be applied fully and affect to your use of this website. By using this Website, you agree to accept all terms and conditions written here. You must not use this Website if you disagree with any Website Standard Terms and Conditions.

Minors or people below 16 years old should not be allowed to use this Website.

​

2.2 User Rights

In compliance to the GDPR framework, we inform you on how your data is collected and used. We use Wix to process website traffic data (to learn more about the terms and conditions of Wix visit https://www.wix.com/about/terms-of-use). To learn what kind of data we collect please consult our Privacy Policy.

2.3 Intellectual Property Rights

Other than the content you own, under these Terms, VIMS and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website and contacting the business if you are interested in its services.

2.4 Restrictions

You are specifically restricted from all of the following, without the consent of VIMS:

• publishing any Website material in any other media;

• selling, sublicensing and/or otherwise commercializing any Website material;

• publicly performing and/or showing any Website material;

• using this Website in any way that is or may be damaging to this Website;

• using this Website in any way that impacts user access to this Website;

• using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;

• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;

• using this Website to engage in any advertising or marketing.

• Certain areas of this Website are restricted from being accessed by you and VIMS may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and sensitive information you may have for this Website are confidential and you must maintain confidentiality as well.

  2.5 Your Content

  Unless you have concluded before an agreement with the company, this section is valid on the way your content is treated. In these Website Standard Terms and Conditions, Your Content shall mean any audio, video, text, images or other material you choose to display on this Website. By displaying Your Content, you grant VIMS a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
  
  Your Content must be your own and must not be invading any third-party's rights. VIMS reserves the right to remove any of Your Content from this Website at any time without notice.

  2.6 No warranties

  This Website is provided as is, with all faults, and VIMS express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising to you. The use of information on the Website is purely for advertisement reasons.

  2.7 Limitation of liability

  In no event shall VIMS, nor any of its officers, concerned directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. VIMS, including its directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

  2.8 Indemnification

  You hereby indemnify to the fullest extent VIMS from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

  2.9 Severability

  If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

  2.10 Variation of Terms

  VIMS is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

  2.11 Assignment

  VIMS is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

  2.12 Entire Agreement

  These Terms constitute the entire agreement between VIMS and you in relation to your use of this Website, and supersede all prior agreements and understandings.

  2.13 Governing Law & Jurisdiction

  These Terms will be governed by and interpreted in accordance with the laws of the Canton of Vaud in Switzerland, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Switzerland for the resolution of any disputes.

​