1 Copyright and rights of use
1. 1 The drafts and final artwork may not be altered either in the original or in reproduction without the express consent of the Designer. Any total or partial imitation is prohibited.
1. 2 In case of violation of point 1. 1. the client shall pay the designer a contractual penalty amounting to 200% of the agreed remuneration. If no such remuneration has been agreed, the usual remuneration according to the Collective Agreement on Collective Bargaining for Design Services SDSt/AGD (latest version) shall be deemed agreed.
1. 3 The designer transfers to the client the rights of use required for the respective purpose. Unless otherwise agreed, only the simple right of use is transferred. In any case, even if the designer has granted the exclusive right of use, he/she remains entitled to use his/her designs and reproductions thereof for self-promotion purposes.
1. 4 Any transfer of the rights of use to third parties requires a written agreement between the designer and the client. The rights of use shall only be transferred to the client after full payment of the remuneration by the client.
1. 5 The designer has the right to be named as the author on copies with an imprint. If the client violates the right to be named, he is obliged to pay the designer a contractual penalty amounting to 100% of the agreed remuneration. This does not affect the designer’s right to claim higher damages in the event of a concrete calculation of damages.
2 Remuneration, cancellation fee
2. 1 Remuneration is net, payable plus the statutory value added tax and without deduction.
2. 2 Subsequent additional expenditure, in particular due to the Client’s requests for changes and additions, shall be charged as additional expenditure in accordance with the agreed hourly rates or, if no such rates have been agreed, hourly rates valid at the time of the order.
2. 3 The remuneration is due upon delivery of the designs. If the designs are accepted in parts, a partial payment is to be paid upon acceptance of the first partial delivery, which is at least half of the total remuneration.
2. 4 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.
2. 5 Any renewed use of the drafts, final artwork and other design work requires the prior written consent of the Designer. The same applies to uses that go beyond the originally agreed or intended scope. The Client shall pay a contractual penalty of 100% of this remuneration for each new or additional use that takes place without the Designer’s consent, in addition to the remuneration appropriate for the use in question.
2. 6 Cancellation fee: If a booking is cancelled at short notice, a cancellation fee must be paid (50% for cancellations up to one week before the start of the booking, 75% for cancellations less than one week before the start of the booking).
3 Due date for payment, acceptance
3. 1 Payment is due upon delivery of the work. It is payable in full. If the ordered work is accepted in parts, a corresponding partial remuneration is due upon acceptance of the part. If an order extends over a longer period of time or if it requires high ﬁnanzielle advance payments from the designer, then appropriate payments on account are to be made, namely of the total remuneration on placing the order, after completion of 50% of the work, after delivery.
3. 2 In the event of late payment, the designer can demand interest on arrears at a rate of 4% above the current discount rate of the Deutsche Bundesbank. The assertion of a proven higher damage remains unaffected.
4. 1 The Designer shall draw up a list of the external services required to fulfil the order and submit it to the Client for approval. The designer is entitled to order the external services necessary to fulfil the order in the name and for the account of the client. The client is obliged to grant the designer written power of attorney for this purpose.
4. 2 If, in individual cases, contracts for outside services are concluded in the name and for the account of the Designer, the Client is obliged to release the Designer internally from all liabilities arising from the conclusion of the contract, in particular from the obligation to pay the price for the outside service.
5. 1 The Designer grants the Client a certain number of corrections and their acceptance on fixed dates. Both acceptance dates of the corrections and the number of possible corrections are recorded in the order contract/order quotation.
5. 2 Exceeding the number of corrections (extended corrections) at the request of the client releases the agent from his time limits, as stipulated in the order contract/order quotation, and may be associated with additional costs, which will be listed in the final invoice. In this case, the agent is obliged to state new delivery dates and the costs incurred before the acceptance of the extended corrections begins.
5. 3 Requests for changes, both for the corrections contained in the order and for extended corrections, must be made in writing. No liability can be accepted for requests for changes made verbally or by telephone. Corrections after acceptance of the order are only possible within the framework of a new, separate order contract to which the order acceptance clauses apply.
6. 1 If all delivery dates have been met by the agent and all possible corrections have been made, the client can either request further corrections or accept the order.
6. 2 Acceptance shall be made in writing by means of a release note. If no detailed written notification of defects is received within a period of 14 days after delivery of the project results, the delivered project results shall be deemed accepted or released. Holiday periods do not interrupt these regulations. They must be announced by both parties in good time. A lead time of two weeks shall be deemed to be in time. Any complaints must be made immediately after receipt of the work results. 6. 3 Acceptance releases the agent from all further obligations (with the exception of warranty) and obliges the client to pay the invoice issued by the agent in due time.
7 Ownership, obligation to return
7. 1 Unless otherwise agreed, only rights of use shall be granted for drafts and final artwork, but no ownership rights shall be transferred. The originals must be returned undamaged to the designer no later than three months after delivery, unless otherwise agreed in writing.
7. 2 In the event of damage or loss of the drafts or final artwork, the client must reimburse the costs necessary for restoration. The assertion of further damages remains unaffected.
8. 1 The Designer is not obliged to hand over data carriers, files and data. If the client wishes the designer to provide him with data carriers, files and data, this must be agreed in writing and paid for separately.
8. 2 If the Designer has provided the Client with data carriers, files and data, these may only be altered with the Designer’s consent.
8. 3 The risk and costs of transporting data carriers, files and data online and offline shall be borne by the client.
8. 4 Except in cases of intent or gross negligence, the Designer shall not be liable for defects in data carriers, files and data. The liability of the Designer is excluded in the event of errors in data carriers, files and data that occur during data import to the Client’s system.
9. 1 The sending and return of work and templates is at the risk and expense of the client.
9. 2 Upon acceptance of the work, the client assumes responsibility for the correctness of text and images.
9. 3 The designer is not liable for the admissibility and registrability of his designs and other design work under competition and trademark law. However, he is obliged to inform the client of any legal risks, if they become known to him during the execution of the order.
9. 4 Complaints and objections of any kind must be made in writing to the designer within two weeks of delivery. Thereafter, the work shall be deemed to have been accepted in accordance with the contract and free of defects.
10 Design freedom and templates
10. 1 Within the scope of the order, the designer has freedom of design. If the client wishes changes during or after production, he has to bear the additional costs.
10.2 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.
10. 3 The Client affirms that he/she is entitled to use all templates provided to the Designer and that these templates are free from third-party rights. If, contrary to this insurance, he/she is not entitled to use the templates or if the templates are not free of third-party rights, the client shall indemnify the designer internally against all third-party claims for compensation.
11. 1 The Principal undertakes to pay any fees that may be incurred to collecting societies such as Gema. If these fees are disbursed by the Contractor, the Client undertakes to reimburse the Contractor for these fees against proof. This can also be done after termination of the contractual relationship.
11. 2 The Client is informed that when awarding a contract in the artistic, conceptual and advertising consultancy field to a non-legal person, a social security contribution for artists must be paid to the artists’; social insurance fund. This charge may not be deducted by the client from the contractor’s invoice. The client is responsible for compliance with the obligation to register and hand in the documents and is responsible himself.
12. 1 In the event that the Principal does not have a general place of jurisdiction in the Federal Republic of Germany or moves its registered office or usual place of residence abroad after conclusion of the contract, the place of jurisdiction shall be the registered office of the Designer.
12. 2 If one of the above terms and conditions is invalid, this shall not affect the validity of the remaining terms and conditions.