Terms and conditions

§ 1 Scope

These terms and conditions apply to all offers, services and contracts of the contractor. Deviating terms of the client do not become part of the contract unless the contractor expressly agrees to their application in text form.

The services are addressed exclusively to entrepreneurs, legal entities under public law and special funds under public law.

§ 2 Formation of contract and offers

Offers by the contractor are without obligation unless expressly designated as binding. The contract is formed upon confirmation of the order in text form or upon commencement of performance.

The scope and content of the service are governed by the description of services set out in the offer. Services not expressly named there are not owed.

§ 3 Client cooperation

The client shall provide all documents, information and materials required for performance in good time and in full, and shall name a contact person authorised to make decisions.

The client warrants that it holds the necessary rights to the materials it supplies, in particular text, images, trademarks and data, and indemnifies the contractor against third-party claims in that respect.

Delays caused by absent or late cooperation extend agreed deadlines accordingly.

§ 4 Drafts, revisions and acceptance

Within the agreed scope, the contractor performs its design services free from instructions as to artistic execution.

Unless otherwise agreed, the engagement includes two rounds of revision per design stage. Further changes, and change requests after approval has been given, are billed by time at the applicable hourly rates.

The client shall review the results without undue delay and declare acceptance in text form. If the client puts the work into use, it is deemed accepted. If no objection is raised in text form within fourteen days of delivery, the work is likewise deemed accepted.

Review for legal admissibility, in particular under competition, trademark and press law, is not part of the engagement unless expressly agreed separately.

§ 5 Rights of use

The contractor grants the client the exclusive right, unlimited in territory and time, to use the accepted final work results for the contractually agreed purpose. The grant of rights is subject to the condition precedent of payment of the agreed fee in full.

All rights in unexecuted drafts, intermediate stages, sketches and rejected variants remain with the contractor.

Any modification or adaptation of the work results by the client or third parties requires the contractor’s prior consent insofar as it interferes with moral rights. Applying a delivered design system within the supplied rules does not count as modification in this sense.

Rights to third-party services used, in particular font licences, image rights and software, are not part of the grant of rights. The contractor points out the licences required, acquiring them is the client’s responsibility.

§ 6 Fees and payment

All prices are net and subject to statutory value added tax at the applicable rate.

For projects with a volume from €10,000 net, a deposit of 40% is due on placement of the order. The balance is invoiced after acceptance. Projects running longer than eight weeks are invoiced monthly according to progress.

Invoices are payable in full within fourteen days of receipt. Statutory provisions apply in the event of late payment.

Travel, production and third-party costs are charged separately by arrangement and must be agreed before being incurred.

§ 7 Termination

If the client terminates a contract before completion, the contractor is entitled to the fee for the services rendered up to that point. Deposits already paid are credited.

Ongoing retainers may be terminated by either party with three months’ notice to the end of a quarter. The right to terminate for cause remains unaffected. Notice must be given in text form.

§ 8 Warranty and liability

The contractor is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.

In the case of slightly negligent breach of a material contractual obligation, that is, an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the client may regularly rely, liability is limited to the foreseeable damage typical of this type of contract.

Otherwise liability for slight negligence is excluded. This does not involve any change in the burden of proof to the client’s detriment.

The client is responsible for approving print and production data. Once approval has been given, the contractor is not liable for errors that were overlooked.

§ 9 Confidentiality

Both parties shall treat as confidential all information obtained in the course of the cooperation that is marked confidential or is evidently confidential by its nature. This obligation continues for three years beyond the end of the contract.

The contractor is entitled to use the services rendered for the client for its own promotional purposes once they have been published, unless the client objects in text form.

§ 10 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction for all disputes arising from this contractual relationship is the contractor’s registered office, provided the client is a merchant, a legal entity under public law or a special fund under public law.

Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected.