general terms and conditions
These general terms and conditions apply to all contracts concluded between the designer and his client.
The terms and conditions are agreed upon if the client does not immediately after receipt of the order
1. COPYRIGHT AND RIGHTS OF USE
1.1 Without the express consent of the designer, the drafts and final artwork m not be changed, neither in the original nor in reproduction. Any complete or partial imitation is inadmissible.
1.2 In the event of infringement of point 1.1, the client shall pay the designer a contractual penalty in 200 % of the agreed remuneration.
The designer shall transfer to the client the rights of use required for the respective purpose. Insofar as nothing
otherwise agreed, only the simple right of use is transferred. The designer remains in each
case, even if he has granted the exclusive right of use, he is entitled to use his designs and reproductions for
of which is to be used for self-promotion.
1.4 Any transfer of the rights of use to third parties requires a written agreement between
Designer and client. The rights of use are transferred to the client only after full payment
of the remuneration.
1.5 The designer has the right to use the reproductions (hard and soft copies) as
To be called the author. If the client violates the right to be named, he shall be obliged
to pay the designer a contractual penalty amounting to 100% of the agreed remuneration Not affected by this
remains the right of the designer to claim higher damages in the event of a concrete calculation of damages.
2.1 The remuneration is a net amount, payable plus the statutory value added tax
and without deduction.
2.2 The remuneration is due upon delivery of the designs. If the drafts are delivered in parts
accepted, a partial payment shall be paid upon acceptance of the first partial delivery, which shall be at least
half of the total remuneration.
2.3 If the designs are used again or to a greater extent than originally intended
the client is obliged to pay a fee for the additional use.
3. EXTERNAL SERVICE
3.1 The designer is entitled to use the external services necessary for the fulfilment of the order in the
name and for the account of the client. The client is obliged to give the designer
to grant written power of attorney for this purpose.
3.2 If, in individual cases, contracts for external services in the name and on behalf of the Designer
are concluded, the client is obliged to inform the designer internally of all
indemnify liabilities arising from the conclusion of the contract, in particular from the obligation
to pay the price for the external service.
4. OWNERSHIP, OBLIGATION TO RETURN
4.1 Only rights of use are granted for drafts and final artwork, but not
transfer of property rights. The originals must be returned undamaged to the designer no later than three months after delivery.
to be returned, unless otherwise agreed in writing.
4.2 In the event of damage or loss of the drafts or final artwork, the client must
to reimburse the costs necessary to restore The assertion of a further
Damage remains unaffected.
5. RELEASE OF DATA
5.1 The designer is not obliged to hand over data carriers, files and data. Wishes
the client that the designer provides him with data carriers, files and data, this is
to be agreed in writing and to be remunerated separately.
5.2 If the designer has provided the client with data carriers, files and data
these may only be changed with the consent of the designer.
5.3 Risk and costs of transporting data carriers, files and data online and offline
shall be borne by the client.
5.4 Except in cases of intent and gross negligence, the designer is not liable for defects in data carriers,
files and data. The liability of the designer is excluded in case of errors in data carriers, files
and data that is created during data import to the client’s system.
6. CORRECTION, PRODUCTION MONITORING AND DOCUMENT SAMPLES
6.1 The client shall provide the designer with correction samples before the reproduction is carried out
6.2 If the designer is to supervise production, he and the client conclude
a written agreement on this. If the designer supervises the production, he/she decides
at his own discretion and gives appropriate instructions.
6.3 Of all reproduced work, the client shall provide the designer with ten flawless copies of the
samples free of charge.
7.1 The designer is only liable for damages which he or she or his or her vicarious agents have deliberately caused
or grossly negligent. This also applies to damages resulting from a positive breach of contract
or a tortious act.
7.2 The sending and return of work and templates is at the risk and for the benefit of the customer.
Invoice of the client.
7.3 With the acceptance of the work, the client assumes the responsibility for the correctness of the
of text and image.
7.4 The designer is not liable for the admissibility and registrability of the design under competition and trademark law.
his drafts and other design work.
7.5 Complaints and objections of any kind must be made within two weeks of delivery.
in writing to the designer. The work shall then be deemed to have been accepted in accordance with the contract and free of defects.
8. FREEDOM OF DESIGN AND PRESENTATION
8.1 Within the scope of the order, the designer has freedom of design. If the client wishes
changes during or after production, he must bear the additional costs.
8.2 If the execution of the order is delayed for reasons for which the client is responsible
the designer can demand an appropriate increase in the remuneration. In case of intent or gross
negligence, he may also assert claims for damages.
8.3 The client affirms that he/she is authorized to use all the materials handed over to the designer.
Vorlagen and that these templates are free from the rights of third parties. Should he, contrary to this
insurance does not authorise the use of the templates or if the templates are not free from third party rights
the client shall indemnify the designer in the internal relationship from all claims for compensation by third parties.
9. FINAL PROVISIONS
9.1 In the event that the client does not have a general place of jurisdiction in the Federal Republic of Germany
Germany or moves its registered office or habitual residence abroad after conclusion of the contract,
the registered office of the designer is agreed as place of jurisdiction.
9.2 If one of the above terms and conditions of business is invalid, this shall affect the validity of the remaining terms and
of the other terms and conditions of business.