General Terms and Conditions
Avocado Productions GmbH,
Lucerne
info@avocado360.com
www.avocado360.com
General Terms and Conditions
For video/photo virtual reality productions by Avocado360 (Avocado Productions GmbH)
Status: 01.01.2025
1. Scope of application and contracting parties
Avocado Productions GmbH (hereinafter referred to as “Avocado360”) creates 360° virtual reality (VR) productions
for customers (natural or legal persons). These GTCs govern the contractual relationship between Avocado360 and the
customer and apply to all orders unless otherwise agreed in writing. Individual contractual provisions take precedence
if they deviate from these GTCs.
2. Conclusion of contract
A contract is concluded by:
• Acceptance of the offer/cost estimate by the customer,
• written or electronic confirmation of the order,
• or by using the services of Avocado360.
The GTC also applies to future transactions without being agreed upon again. Avocado360 will notify the customer of
Any changes to the GTC will apply to future contracts starting from the change date.
3. Scope of production and obligations to co-operate
3.1 Services from Avocado360
Avocado360 creates VR productions by the specifications defined in the contract (e.g. storyboard,
usage scenarios, media, areas and duration of use). Intermediate presentations (iteration loops) are used for
coordination with the customer.
3.2 Obligations of the customer to cooperate
The customer to provide all necessary materials, information and resources (e.g. filming locations, props,
technical equipment) in good time. Delays due to a lack of cooperation can lead to extended delivery times and
additional costs.
3.3 Changes and Extensions
Any changes the customer requests beyond the original contract will incur additional costs and may
affect the delivery date.
3.4 Unforeseen delays
Delays beyond Avocado360’s control (e.g. weather, technical failures, late delivery of materials) will extend the
delivery period accordingly. Avocado360 will inform the customer immediately of any such delays.
3.5 delivery
The work shall be available on a medium customary in the industry or as a download. The customer is obliged to
download and save the data within 7 days. Subsequent provisions may be charged additionally.
Avocado Productions GmbH, Lucerne info@avocado360.com 2 –
www.avocado360.com-
4. Terms of payment
4.1 Price breakdown for orders up to CHF 10,000 gross
• 60 % of the agreed costs must be paid upon order confirmation.
• The remaining amount is due after completion of the work, at the latest 30 days after invoicing.
4.2 Price breakdown for orders over CHF 10,000 gross
• 50 % of the agreed costs must be paid upon order confirmation.
• 30 % of the costs are due during production (after corresponding notification from Avocado360).
• 20 % of the costs are to be paid after completion of the work, at the latest 30 days after
invoicing.
4.3 Default
Avocado360 is entitled to interest on arrears, reminder fees and other costs in the event of late payment. In
addition, production may be interrupted or cancelled. In this case, the customer is obliged to pay at least 50% of
the agreed total price. Until full payment has been made, the work remains the property of Avocado360 and the
customer has no right of use.
5. Rights and utilisation
5.1 Copyright and rights of use
Avocado360 remains the owner of the copyrights to all content created. The customer receives a simple
right of use for the purpose, period and scope of use defined in the contract (e.. media channels,
geographical area).
5.2 Processing and forwarding
The work may not be edited, sold or passed on to third parties without the written consent of Avocado360.
5.3 Contractual penalty
In the event of unlawful use, the customer shall owe Avocado360 a contractual penalty of CHF 50,000 per
Infringement. Avocado360 reserves the right to assert further claims for damages.
6. Defects and warranty
6.1 Testing and Acceptance
The customer must complete the work after completion. Complaints are only admissible in the final revision phase. After
acceptance (master file), the work shall be deemed approved and subsequent complaints shall not be accepted.
6.2 Artistic design
Subjective assessments of artistic characteristics (e.g. style, colours) are not a basis for complaints unless
exact instructions have been given in advance.
6.3 Rework
In the event of justified complaints, Avocado360 has the right to rectification or replacement. Claims for damages are
expressly excluded.
7. Liability
Avocado Productions GmbH, Lucerne info@avocado360.com
www.avocado360.com
Avocado360 is only liable in cases of gross negligence or intent and only for direct damages up to a maximum of
the price of the work. No liability is accepted for indirect damages (e.g., loss of profit or production).
8. Archiving
Avocado360 archives the finished work for at least one year as standard. However, the customer is
responsible for backing up their own data. On request, Avocado360 offers extended archiving for a fee. Unused raw
material remains the property of Avocado360 and can be used for other projects.
9. Data protection and confidentiality
9.1 Data protection
Customer data is treated confidentially and only passed on to third parties to the extent for the fulfilment of the
contract.
9.2 Confidentiality
Avocado360 is subject to a duty of confidentiality and due diligence about all information and materials
provided by the customer in the course of production.
10. Self-promotion
Unless otherwise agreed in writing, Avocado360 may use the work produced for its advertising purposes (e.g.
For showreels, presentations, websites). The customer may object to this in writing at any time.
11. Place of jurisdiction and applicable law
Swiss law shall apply exclusively. The place of jurisdiction is Lucerne, Switzerland.
Avocado Productions GmbH, Lucerne, 01.01.2025