General Terms & Conditions

The following terms and conditions apply to all contracts concluded between the designer and the client. They also apply to all future business relationships, even if not expressly agreed upon again. Deviating conditions of the client, which the designer does not expressly acknowledge, do not become part of the contract, even if the designer does not expressly object to them.

1.1 The drafts and final artwork may not be altered without the explicit consent of the designer, neither in their original form nor in reproduction. Any complete or partial imitation is prohibited.

1.2 In the event of a violation of clause 1.1, the client shall, in addition to the remuneration owed for the design service, pay a contractual penalty equal to 100 percent of this remuneration to the designer.

1.3 The designer transfers to the client the usage rights necessary for the respective purpose. Unless otherwise agreed, only simple usage rights are transferred. The designer retains the right, in any case, even if exclusive usage rights have been granted, to use his designs and reproductions for self-promotion in all media.

1.4 The transfer of usage rights to third parties requires a written agreement between the designer and the client. The usage rights are transferred to the client only after full payment of the remuneration.

1.5 In the case of reproduction, distribution, exhibition, and/or public presentation of the drafts and final artwork, the designer must be credited as the author. If the client violates the right to attribution, he is obliged to pay a contractual penalty equal to 100 percent of the remuneration owed for the design service. This does not affect the designer's right to claim a higher damage amount in case of specific damage calculation.

1.6 If the client intends to register formal intellectual property rights related to the drafts, final artwork, or other works of the designer, he must obtain the prior written consent of the designer.

2.1 The remunerations are net amounts, payable plus the statutory value-added tax and without deduction.

2.2 The remunerations are due upon delivery of the drafts. If the drafts are accepted in parts, a partial payment must be made upon acceptance of the first partial delivery, amounting to at least half of the total remuneration.

2.3 Any further use of the drafts and final artwork requires the prior written consent of the designer. The same applies to uses that go beyond the originally agreed or intended scope. For each renewed or additional use that occurs without the designer's consent, the client is obligated to pay a contractual penalty equal to 100 percent of this remuneration, in addition to the reasonable remuneration for the respective use.

3.1 The designer is authorized to order subcontracted services necessary for fulfilling the contract in the name and for the account of the client. The client is obliged to grant the designer a written power of attorney for this purpose.

3.2 If contracts for subcontracted services are concluded in the name and for the account of the designer in individual cases, the client is obligated to indemnify the designer internally from all liabilities arising from the conclusion of the contract, especially from the obligation to pay the price for the subcontracted service.

4.1 Only usage rights, not ownership rights, are granted for drafts and final artwork. The originals must be returned undamaged to the designer no later than three months after delivery unless otherwise agreed in writing.

4.2 In the event of damage or loss of the drafts or final artwork, the client must reimburse the costs necessary for restoration. The designer's right to claim additional damages remains unaffected.

5.1 The designer is not obligated to provide data carriers, files, and data. If the client wishes the designer to provide data carriers, files, and data, this must be agreed upon in writing and separately remunerated.

5.2 If the designer has provided the client with data carriers, files, and data, they may only be altered with the designer's consent.

5.3 The client bears the risk and costs of transporting data carriers, files, and data both online and offline.

5.4 The designer is not liable for errors in data carriers, files, and data that arise during the import into the client's system.

6.1 The client presents proof samples to the designer before the reproduction is carried out.

6.2 If the designer is to carry out production monitoring, a written agreement is concluded between him and the client. If the designer carries out production monitoring, he decides at his own discretion and gives appropriate instructions.

6.3 The client must provide the designer with ten flawless samples of all reproduced works free of charge.

7.1 The designer is liable only for damages caused intentionally or through gross negligence by himself or his vicarious agents. Excluded from this are damages resulting from a breach of a contractual obligation essential for achieving the purpose of the contract (cardinal obligation), as well as damages resulting from injury to life, body, or health, for which the designer is also liable for slight negligence.

7.2 Claims by the client arising from a breach of duty by the designer or his vicarious agents expire one year after the legal commencement of the limitation period. This does not apply to claims for damages based on intentional or grossly negligent breach of duty by the designer or his vicarious agents, as well as claims for damages due to injury to life, body, or health, even if based on slight negligence by the designer or his vicarious agents; for these claims, the statutory limitation periods apply.

7.3 The dispatch and return of works and templates take place at the client's risk and expense.

7.4 With the acceptance of the work and/or the approval of drafts and final artwork, the client assumes responsibility for the accuracy of text and images, resulting in the designer's liability being waived in this regard.

7.5 The designer is not liable for the copyright, design, or trademark protectability or registration of the drafts and other design works that he makes available to the client. The client must conduct copyright, patent, or trademark searches at his own expense.

7.6 In no case is the designer liable for the legal, especially competition and trademark law, permissibility of the intended use. However, he is obliged to inform the client of possible legal risks if they become known to him during the execution of the order.

7.7 The client is obliged to examine the work performance provided by the designer within a reasonable period after receipt and to notify the designer of any defects within two weeks in writing for obvious defects and within two weeks of discovering non-obvious defects. The timely dispatch of the notice is sufficient to meet the deadline. In the event of a violation of the obligation to examine and complain, the work performance of the designer is considered approved with regard to the relevant defect.

8.1 Within the scope of the order, the designer has creative freedom. If the client wishes to make changes during or after production, he must bear the additional costs.

8.2 If the execution of the order is delayed for reasons attributable to the client, the designer may demand a reasonable increase in remuneration. The designer's right to claim further damages remains unaffected.

8.3 The client assures that he is authorized to use all templates provided to the designer and that these templates are free from third-party rights. Should the client, contrary to this assurance, not be authorized to use the templates or if the templates are not free from third-party rights, the client indemnifies the designer internally from all claims for damages by third parties. The indemnification obligation is waived if the client proves that he is not at fault.