1. Scope of Application
These General Terms and Conditions of Sale (“Terms”) govern all advertising services provided by Force Promotion (the “Company”).
Any order placed with the Company constitutes full and unconditional acceptance of these Terms.
The Client shall be deemed contractually bound to the Company upon execution of an advertising agreement, purchase order, insertion order or any written confirmation of the order, including by email.

2. Responsibility for Advertising Content

The Advertiser acknowledges that the Company acts solely as an advertising medium or intermediary and does not perform any prior legal review of the advertising content.
The Advertiser warrants that all materials supplied to the Company, including texts, images, logos, trademarks, videos, slogans and other content, comply with applicable laws and regulations and do not infringe any third-party rights.
The Advertiser shall be solely liable for any claims, proceedings, damages, losses, costs or liabilities arising from the publication or distribution of its advertising materials.
The Advertiser agrees to fully indemnify and hold harmless the Company against any claim, action or proceeding brought by any third party in connection with such advertising materials.

3. Acceptance and Performance of Orders
All confirmed orders are final, binding and irrevocable.
The Company reserves the right to reject, suspend or discontinue any advertisement that it considers unlawful, misleading, offensive, contrary to public policy, detrimental to its reputation or inconsistent with the legitimate interests of its partners.

4. Cancellation and Rescheduling of Campaigns
Any advertising campaign confirmed by the Client is non-cancellable.
Exceptionally, where circumstances beyond the Client’s reasonable control make the execution of the campaign temporarily impossible or commercially unreasonable, the Company may, at its sole discretion, authorize the postponement of the campaign.
Any postponed campaign must be completed within the same calendar year as originally scheduled.
No refund, credit or compensation shall be due as a result of any postponement or inability to run the campaign.

5. Delivery of Advertising Materials
The Client shall provide all advertising materials and technical specifications within the agreed deadlines.
Any delay in the delivery of such materials shall not be attributable to the Company and shall not entitle the Client to any cancellation, refund, compensation, price reduction or automatic postponement.

6. Approval of Proofs (Proof Approval)

Approval of the Proof by signature, email or any other written means shall constitute final acceptance of the content, layout, design, visuals, text, colours, dimensions and all other elements contained therein.
Following such approval, no claim may be made regarding the approved content or presentation.
The Company shall not be liable for any errors, omissions or inaccuracies contained in a Proof approved by the Client.La Société ne pourra être tenue responsable des erreurs, omissions ou inexactitudes figurant dans un BAT validé par le Client.
Any modification requested after approval may be refused or may result in additional charges and revised production or publication schedules.
If the Client fails to respond within the deadline specified by the Company, the Proof may be deemed approved where production schedules or campaign deadlines so require.

7. Pricing and Payment Terms
Invoices shall be issued on the first day of publication or broadcasting of the advertising campaign.
Unless otherwise agreed in writing, invoices are payable within thirty (30) days from the invoice date.
Any objection to an invoice must be submitted in writing within seven (7) days of receipt. Failing such notice, the invoice shall be deemed accepted.


Unless otherwise agreed in writing by the Company, all invoices shall be issued and payable exclusively in Swiss Francs (CHF).
If the Client or intermediary elects to make payment in any currency other than CHF, it shall be solely responsible for arranging the currency conversion through its banking institution so that the Company receives the exact invoiced amount in CHF.
All banking fees, transfer charges, conversion costs, exchange rate differences and any other deductions shall be borne exclusively by the Client or intermediary.
Payment shall only be deemed complete once the Company has received the full invoiced amount in Swiss Francs (CHF).
Any shortfall resulting from currency conversion, banking fees or exchange rate fluctuations may be invoiced separately and shall become immediately due and payable.
Any exchange rate fluctuation occurring between the order date and the payment date shall be borne exclusively by the Client or intermediary.

8. Late Payments
In the event of late payment, the Company may suspend any ongoing or future services without prejudice to any other rights or remedies available to it.
Late payment interest shall accrue automatically from the due date at the applicable statutory rate.
All judicial and extra-judicial collection costs incurred in recovering outstanding amounts shall be borne by the Client.

9. Orders Placed Through an Agency or Representative
Where an order is placed by an advertising agency, media buyer, representative, intermediary or any other agent acting on behalf of an Advertiser, such intermediary shall remain jointly and severally liable for the performance of all contractual obligations and for the full payment of all amounts due to the Company.
Such liability shall apply irrespective of whether the intermediary is designated as payer or non-payer in the agreement, purchase order, insertion order or any other commercial document.
The Company may seek payment directly from the intermediary without first pursuing the Advertiser.
The intermediary expressly waives any right to rely upon any agreement or arrangement concluded with the Advertiser that purports to limit or exclude its liability towards the Company.

10. No Performance Guarantee
The Company undertakes an obligation of means and not an obligation of result.
The Company does not guarantee any commercial outcome, revenue increase, lead generation, return on investment, minimum audience reach or sales volume.
Any audience statistics, performance data, estimates, impressions or other metrics provided by the Company are indicative only and shall never constitute a contractual guarantee.

11. Limitation of Liability
To the fullest extent permitted by law, the Company’s liability shall be limited to the amount invoiced for the specific advertising campaign giving rise to the claim.
The Company shall not be liable for any indirect, consequential or special damages, including loss of profits, business interruption, loss of customers or reputational damage.

12. Intellectual Property Rights
The Client warrants that it owns or has obtained all rights, licenses and authorizations necessary for the use and publication of the advertising materials supplied to the Company.
The Client shall fully indemnify the Company against any claim arising from the infringement of intellectual property rights or any other third-party rights.

13. Force majeure
The Company shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control, including natural disasters, fire, war, pandemics, governmental actions, communication network failures, major technical outages, general strikes or any other force majeure event.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Switzerland.
Any dispute arising out of or in connection with these Terms shall be submitted exclusively to the competent courts having jurisdiction over the Company’s registered office, subject to any mandatory legal provisions to the contrary.