GENERAL TERMS AND CONDITIONS

The following General Terms and Conditions apply to all orders placed with us.
They shall be deemed to have been agreed unless immediately objected to.

1. Copyright and rights of use

1.1. Every order placed with the designer is a copyright contract aimed at granting rights of use to the work performed.
1.2. All drafts and final artwork are subject to copyright law. The provisions of copyright law also apply if the level of creativity required under Section 2 of the German Copyright Act (UrhG) is not achieved.
1.3. The drafts and final artwork may not be modified, either in the original or in reproduction, without the express consent of the designer. Any imitation – even of parts – is not allowed. If this rule is broken, the designer can ask for a penalty equal to twice the agreed payment. If no payment has been agreed, the usual payment according to the SDSt/AGD collective agreement for design services is considered agreed.
1.4. The designer shall transfer to the client the rights of use required for the respective purpose. Unless otherwise agreed, only the
simple right of use transferred. Any transfer of rights of use to third parties requires written agreement. The rights of use shall only be transferred after full payment of the remuneration.
1.5. The designer has the right to be named as the author on the copies. Any violation of the right to be named entitles the designer to compensation. Without proof of higher damages, the compensation shall amount to 50% of the agreed remuneration or the usual remuneration according to the collective agreement for design services SDSt/AGD. The right to claim higher damages upon proof remains unaffected.
1.6. Suggestions made by the client or other forms of cooperation on their part shall have no influence on the amount of remuneration.
They do not establish joint authorship.

2. Compensation

2.1. Drafts and final artwork, together with the granting of rights of use, constitute a uniform service. Remuneration shall be based on the collective agreement for design services SDSt/AGD, unless otherwise agreed. Remuneration amounts are net amounts, which are payable plus statutory value added tax.
2.2. If no rights of use are granted and only drafts and/or final artwork are delivered, no remuneration shall be payable for use.
2.3. If the designs are used later or to a greater extent than originally planned, the designer shall be entitled to invoice the remuneration for the use retrospectively or to demand the difference between the higher remuneration for the use and the remuneration originally paid.
2.4. The preparation of drafts and all other activities performed by the designer for the client are subject to a fee, unless expressly agreed otherwise.

3. Due date for payment

3.1. Payment is due upon delivery of the work. It is payable without deduction. If the commissioned work is accepted in parts, a corresponding partial payment is due upon acceptance of each part. If an order extends over a longer period of time or requires high financial advance payments from the designer, appropriate instalment payments shall be made, namely 1/3 of the total remuneration upon placing the order, 1/3 after completion of 50% of the work, and 1/3 upon delivery.
3.2. In the event of late payment, the designer may charge interest on arrears at a rate of 4% above the respective discount rate of the Deutsche Bundesbank. The assertion of proven higher damages remains unaffected by this.

4. Special services, incidental expenses and travel costs

4.1. Special services such as the reworking or modification of final artwork, manuscript review or print monitoring shall be invoiced separately according to the time required in accordance with the collective agreement for design services SDSt/AGD.
4.2. The designer is entitled to order the external services necessary for the fulfilment of the order in the name and on behalf of the client.
The client undertakes to grant the designer the appropriate power of attorney.
4.3. Insofar as contracts for external services are concluded in individual cases in the name and on behalf of the designer, the client undertakes to indemnify the designer internally from all liabilities arising from the conclusion of the contract. This includes, in particular, the assumption of costs.
4.4. Expenses for technical ancillary costs, in particular for special materials, for the production of models, photos, intermediate recordings, reproductions, typesetting and printing, etc., shall be reimbursed by the client.
4.5. Travel costs and expenses for trips undertaken in connection with the order and agreed with the client shall be reimbursed by the client.

5. Retention of title

5.1. Only rights of use are granted for drafts and final artwork; ownership rights are not transferred.
5.2. The originals must therefore be returned undamaged after a reasonable period of time, unless expressly agreed otherwise.
In the event of damage or loss, the client shall reimburse the costs necessary to restore the originals. The assertion of further damages
remains unaffected.
5.3. The dispatch of work and templates shall be at the risk and expense of the client.
5.4. The designer is not obliged to hand over files or layouts created on the computer to the client. If the client wishes to receive computer data, this must be agreed separately and remunerated. If the designer has provided the client with computer files, these may only be changed with the prior consent of the designer.

6. Proofreading, production monitoring and sample documents

6.1. Proofs must be submitted to the designer for approval prior to reproduction.
6.2. Production monitoring by the designer shall only take place on the basis of a special agreement. If production monitoring is undertaken, the designer shall be entitled to make the necessary decisions at his own discretion and to issue appropriate instructions. He shall only be liable for errors in cases of his own fault and only for intent and gross negligence.
6.3. The client shall provide the designer with 10 to 20 flawless, unfolded copies of all reproduced works free of charge. The designer is entitled to use these samples for self-promotion purposes.

7. Liability

7.1. The designer undertakes to execute the order with the greatest possible care, in particular to treat any templates, films, displays, layouts, etc. provided to him with care. He shall only be liable for damages incurred in cases of intent and gross negligence.
Compensation exceeding the material value is excluded.
7.2. The Designer undertakes to carefully select and instruct his vicarious agents. Beyond that, he shall not be liable for his vicarious agents.
7.3. If the designer commissions necessary external services,
the respective contractors are not vicarious agents of the designer.
The designer is only liable for his own fault and only for intent and gross negligence.
7.4. By approving drafts, final artwork or final drawings, the client assumes responsibility for the accuracy of text and images.
7.5. The designer shall not be liable for any drafts, texts, final versions and final drawings approved by the client.
7.6. The designer shall not be liable for the admissibility and registrability of the works under competition and trademark law.
7.7. Complaints of any kind must be made in writing to the designer within 14 days of delivery of the work. After this period, the work shall be deemed to have been accepted as free of defects.

8. Creative freedom and templates

8.1. There is freedom of design within the scope of the order. Complaints regarding the artistic design are excluded. If the client requests changes during or after production, they shall bear the additional costs. The designer retains the right to remuneration for work already commenced.
8.2. If the execution of the order is delayed for reasons for which the client is responsible,
the designer may demand a reasonable increase in remuneration. In the event of intent or gross negligence,
he may also assert claims for damages. The assertion of further claims for damages caused by delay remains unaffected.
8.3. The client assures that he is entitled to use all templates handed over to the designer. Should he not be entitled to use them contrary to this assurance,
the client shall indemnify the designer against all claims for compensation by third parties.

9. Final provisions

9.1. The place of performance is the designer's registered office.
9.2. The invalidity of any of the above provisions shall not affect the validity of the remaining provisions.
9.3. The law of the Federal Republic of Germany applies.

General contractual basis of the Alliance of German Designers (AGD).