These general terms and conditions apply to all contracts concluded between the graphic designer and the client. The terms and conditions are agreed if the client does not object to them immediately after access to them.
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In individual cases, individual agreements with the customer (including side agreements, additions and changes) have priority over these General Terms and Conditions. The content of such agreements shall be governed by a written contract or written confirmation by the graphic designer.
1. Copyright and rights of use
1.1. The designs and final artworks may not be altered in the original or in the reproduction without the explicit permission of the graphic designer. Any complete or partial imitation is prohibited.
1.2. The works (drafts and artwork) of the graphic artist are protected as personal intellectual creations by the copyright law, whose regulations are considered as agreed upon even if the required amount of creation according to §2 UrhG is not reached.
1.3. The graphic designer transfers the rights of use required for the respective purpose to the client. Unless otherwise agreed, only the simple right of use is transferred. In any case, even if granting exclusive rights of use, the designer retains the right to use her designs and reproductions as part of self-promotion in all media.
1.4. The client acquires the right to use the work in the agreed framework with the full payment of the compensation.
1.5. The transfer of granted rights of use to third parties requires the permission of the graphic designer.
1.6. Repetitions (such as reprints) or multiple uses (for example, for another product) are subject to reimbursement; they require the consent of the graphic designer.
1.7. The graphic designer is entitled to request information about the scope of use.
1.8. Proposals and instructions of the client for technical, creative and other reasons justify, unless expressly agreed, no co-copyright.
2. Compensation
2.1. Compensation is net and payable within 14 days without deduction. As a small business in the sense of § 19 Abs. 1 UStG the sales tax is not calculated.
2.2. The payment is due upon delivery of the work. If the work is accepted in parts, the corresponding partial compensation is due upon delivery of the part. If the execution of an order extends over a longer period of time, the graphic designer may demand advance payments in accordance with the work performed.
2.3. New customers commit to paying 50% of the total compensation in advance.
2.4 Customers who process the print production via the graphic designer commit to paying 50% of the total compensation in advance.
2.5. If the work is used again or to a greater extent than originally planned, the client is obliged to pay a fee for the additional use.
2.6. If the client does not exercise his usage option and no rights of use are granted, the graphic designer will charge a discount.
2.7. A free activity, in particular the free creation of drafts is not customary.
2.8. Proposals and instructions of the client for technical, creative and other reasons have no influence on the compensation.
2.9. The work done by the graphic designer is also to be paid in case of subjective non-compliance according to the contractually agreed costs. If the design does not correspond to the customer's taste, the customer is not obliged to acquire the right to use the design.
2.10. Estimates of the graphic designer are not binding. The graphic designer only needs to report cost increases if the originally estimated total costs are exceeded by more than 15 percent.
2.11. The graphic designer is bound to offers for only four weeks, calculated from dispatch of the offer. Offers by the graphic designer are non-binding. If there are obvious mistakes in writing and / or arithmetic, they are not binding.
3. External services and incidental costs
3.1. After consultation with the client, the graphic designer is entitled to order the third-party services necessary for the fulfillment of the contract in the name and for the account of the client. The graphic designer must be given a written authorization to do so.
3.2. Insofar as contracts are concluded in individual cases on behalf of and for the account of the graphic designer, the client is obliged to indemnify the graphic designer in the internal relationship from all liabilities resulting from the conclusion of the contract, in particular from the obligation to pay the price for the external service.
3.3. Incidental costs incurred in connection with the design or design work (such as models, proofs, intermediate productions, layout set) shall be reimbursed by the client.
3.4. For travel, which are required to provide the agreed service, the client will be charged travel expenses. The trips are previously agreed with the client.
4. Property, return obligation
4.1. Designs and artwork are granted usage rights only. Property rights are not transferred under any circumstances. The originals must be returned undamaged to the graphic designer no later than three months after delivery, unless otherwise agreed in writing.
4.2. Until full payment of all our present and future claims under the present contract and an ongoing business relationship, the graphic designer retains ownership of the work sold.
4.3. In the event of damage or loss of the designs or final drawings, the client must reimburse the costs necessary for the restoration. The assertion of a further damage remains unaffected.
5. Publication of data
5.1. The graphic designer is not obliged to deliver data carriers, files and data. If the client desires the publication of data carriers, files and data, this must be agreed in writing and compensated separately.
5.2. If the graphic designer provides the client with data carriers, files and data, these may only be changed with the consent of the designer.
5.3. Risks and costs of transport (online and offline) of data carriers, files and data are borne by the client.
5.4. The graphic designer is not liable, except in case of intent and gross negligence, for defects in data carriers, files and data. In the case of errors on data carriers, files and data that have arisen during data import to the system of the client, the liability of the graphic designer is excluded.
6. Correction, production monitoring and reference samples
6.1. The client submits proofreading samples to the graphic designer prior to the duplication.
6.2. Production is only supervised by the graphic designer on the basis of a special written agreement. If the graphic designer carries out the production monitoring, she decides at her own discretion and gives instructions accordingly.
6.3. Of all the duplicated works, the client gives the graphic designer five faultless samples free of charge. These may also be used by the graphic artist in the context of self-promotion.
7. Liability
7.1. The graphic designer is only liable for damages that she causes deliberately or through gross negligence. This also applies to damages resulting from a positive breach of contract or an unauthorized act.
7.2. The sending and return of work and templates takes place at the risk and on the account of the client.
7.3. With the acceptance (release) of the work, the client takes the responsibility for the correctness of text and image.
7.4. The graphic designer makes no substantive examination obligation for correctness of contents provided by the customer or whether he has a right to the data, works etc.
7.5. The graphic designer is not liable for the competition and trademark law permissibility and registrability of her designs and other design works, which are given to the client for use. Design, patent or trademark research must be carried out by the customer himself and on his own account.
7.6. Complaints of any kind must be made in writing to the graphic designer within two weeks after delivery. Thereafter, the work is considered contractually and accepted free of defects.
7.7. The graphic designer is not liable for external services and work results of third parties, which are commissioned at the request of the client.
7.8. The release of production and publication is the responsibility of the client and / or exploiter. If, in exceptional cases, the client and / or exploiter delegates the release in its entirety or in parts to the graphic designer, he releases the latter from liability.
7.9. Delivery dates are only binding if this is an explicit part of the order confirmation. If binding delivery deadlines are not met for reasons for which the graphic designer is not responsible, the customer will be informed immediately and the expected delivery deadline communicated.
7.10. If, after the conclusion of the contract, it becomes apparent (for example, by a petition for the opening of insolvency proceedings) that the claim to compensation is jeopardized by the customer's inability to perform, then the graphic designer is obliged to withdraw from the contract in accordance with the statutory provisions for refusing performance and, if applicable, setting a deadline entitled (§ 321 BGB). In contracts for the production of unacceptable items (custom-made), the graphic designer can declare the resignation immediately; the statutory provisions on the dispensability of the deadline remain unaffected.
7.11. If a commission should violate legal regulations and / or rights of third parties, the graphic designer has a right of withdrawal from the contract.
8. Involvement of the client, freedom of design, templates
8.1. The client is obliged to provide the graphic designer with all documents necessary for the fulfillment of the contract in due time and in the agreed scope. This applies in particular to texts, photos, logos, graphics, films, music etc.
8.2. Delays in the execution of the contract, which are based on the late or incomplete transfer of such documents, are not the responsibility of the graphic designer. In this case, the graphic designer can invest a reasonable increase in the compensation. In the case of intent or gross negligence, the graphic designer can also assert claims for damages.
8.3. The client assures that he is entitled to use all documents which he makes available to the graphic designer. The client is also solely responsible for the accuracy and completeness of the documents provided by him. Should the client not be entitled to use or should the templates not be free of third party rights, the client exempts the graphic designer in the internal relationship from all claims for compensation of third parties.
8.4. For the graphic designer there is freedom of design within the framework of the contract. Additional costs for changes caused by the client during or after production shall be borne by the client from the second correction run.
9. Privacy
9.1. The customer agrees that his personal data is collected, stored and processed in compliance with the data protection regulations with data processing systems.
10. Retention requirements in analog and digital form
10.1. After completion of the order, the graphic designer does not have to keep data and / or results of the work in analogue or digital form. An additional retention period requires the explicit agreement in text form.
10.2. If a retention period has been agreed in time, this entitles the graphic designer to delete the data after expiry of the deadline, without having to inform the client.
11. Final provision
11.1. Unless otherwise stated in the order confirmation, the place of performance is the registered office of the graphic designer (Fürstenfeldbruck).
11.2. In the event that the client does not have a general place of jurisdiction in the Federal Republic of Germany or relocates its headquarters or habitual residence abroad after conclusion of the contract, the registered office of the graphic designer is agreed as the place of jurisdiction.
11.2. The ineffectiveness of one of the above conditions does not affect the validity of the remaining provisions.
11.3. It applies the law of the Federal Republic of Germany.
11.4. Jurisdiction is the seat of the graphic designer.
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As of January 2023