GTC

1. copyright & right of use, retention of title

‍

1.1 Every order placed with the CONTRACTOR is a copyright contract aimed at granting rights of use to the work services. By signing the order, the CUSTOMER undertakes to accept it.

‍

1.2 All drafts, final artwork, photographs, presentations and other graphically or conceptually created documents are subject to copyright law. The provisions of the Copyright Act shall apply even if the level of creation required under Section 2 of the Copyright Act has not been reached. Furthermore, suggestions made by the client or his other cooperation shall not constitute a joint copyright.

‍

1.3 The CLIENT shall be granted the exclusive and non-transferable right to use the service for an unlimited period of time by the CONTRACTOR after full payment. Even if several drafts are created, the copyright and all rights of use for all drafts shall remain with the CONTRACTOR. The CONTRACTOR reserves the right to retain the rights of use to the finally selected design until it has been paid for in full.

‍

1.4 The other designs may neither be used nor passed on by the CLIENT. Any imitation of these designs - even in part - is prohibited. Any breach of this provision shall entitle the CONTRACTOR to claim liquidated damages in the amount of twice the agreed remuneration.

‍

1.5 The CONTRACTOR shall not be obliged to hand over original files or layouts created on the computer to the CLIENT. If this is requested by the CLIENT, it shall be remunerated separately with a payment in the same amount as the actual production costs. Exceptions are logo files and images (with one layer). If computer files have been made available to the CLIENT by the CONTRACTOR, these may only be changed or passed on to third parties with the prior written consent of the CONTRACTOR.

‍

2. deadlines & subcontractors, correction & production monitoring

‍

2.1 Completion and delivery periods agreed between the CONTRACTOR and the CLIENT shall not commence until the CLIENT has fulfilled its obligations, such as the submission of necessary documents or advance payment.

‍

2.2 The agreed delivery period shall be extended accordingly in the event of subsequent change requests. Further claims, in particular for any damage caused by delay, are excluded unless the reason for the delay is gross negligence or willful misconduct on the part of the CONTRACTOR.

‍

2.3 Before duplication is carried out (e.g. approval for printing), the CONTRACTOR must be provided with proofs approved for production. The CLIENT shall be obliged to cooperate in checking the sample (text, image, design) for correctness. With the declaration of approval, the CLIENT confirms that it has duly fulfilled its obligation to cooperate.

‍

2.4 The CONTRACTOR shall be entitled to use subcontractors to fulfill the order. This shall be done in the name and for the account of the CLIENT. The latter shall indemnify the CONTRACTOR against all liabilities arising from the conclusion of the contract with the subcontractor and undertakes to fulfill these himself.

‍

2.5 The CONTRACTOR shall only monitor the activities of subcontractors upon special written agreement and in this case shall be entitled to make decisions at its own discretion.

‍

3. remuneration & due date

‍

3.1 All prices are exclusive of statutory VAT. Unless otherwise agreed in the order, the CUSTOMER's regular hourly rate shall be EUR 149. Additional services shall be charged on a time and material basis, as shall additional expenses incurred as a result of incorrect information provided by the CUSTOMER or use of the work beyond the agreed contractual purpose or in the event of requests for changes that arise after the project phases have already been approved. Additional costs for special materials, photos, reproduction, shipping, travel costs and expenses - e.g. for external training courses - and the like shall be reimbursed by the CLIENT.

‍

3.2 Unless expressly agreed otherwise (in writing), the preparation of drafts shall be remunerated by the CLIENT.

‍

3.3 Unless otherwise agreed in writing with the CLIENT, advance payments shall be made for orders as follows: 70% of the total remuneration upon placement of the order, 30% upon completion of the order. If monthly performance has been agreed, 100% of the monthly remuneration shall be due at the beginning of the month.

‍

4. withdrawal agreement & termination

‍

4.1 In the event that the CLIENT terminates, cancels or reduces the order, the services that can no longer be provided shall be invoiced with a cancellation fee of at least 50% and any shortfall surcharge on services already provided. Unless otherwise stated, a notice period of 8 weeks to the end of the month applies to all contracts.

‍

4.2 The CONTRACTOR has the right to terminate the contract without notice if:

- there is a delay in payment of more than 6 weeks
- the CUSTOMER is known to have acted in a business-damaging or intentional manner
- the CUSTOMER has made an affidavit, an arrest warrant has been issued against him, bankruptcy proceedings have been initiated against his assets or have been dismissed for lack of assets and this is/becomes known.

‍

4.3 In the event of termination without notice by the CONTRACTOR, 50% of the remuneration agreed in the contract shall be due in one sum as compensation. The CONTRACTOR expressly reserves the right to assert further claims for damages in connection with termination without notice.

‍

5. naming rights & sample documents for self-promotion

‍

5.1 The CONTRACTOR shall have the right to be named as the author on the reproductions and in publications and may affix this notice himself. If the CUSTOMER violates this right to be named, he shall be obliged to pay the CONTRACTOR a contractual penalty amounting to 100% of the agreed remuneration for the work. This shall not affect the CUSTOMER's right to claim higher damages from the CLIENT in the event of a concrete calculation of damages.

‍

5.2 The CLIENT shall provide the CONTRACTOR with 10 flawless, unfolded samples of all reproductions free of charge. Furthermore, the CONTRACTOR shall be entitled to use these samples for the purpose of self-promotion.

‍

6. liability

‍

6.1 Unless otherwise agreed in the contract, the CONTRACTOR's liability for contractual breaches of duty and for tort shall be limited to intent and gross negligence. This limitation shall also apply to the CONTRACTOR's vicarious agents and assistants. This shall not apply in the event of injury to life, limb and health of the Client, claims due to the breach of cardinal obligations (i.e. essential obligations arising from the nature of the contract concluded and the breach of which jeopardizes the achievement of the purpose of the contract) and compensation for damages caused by delay (in accordance with Section 286 BGB).

‍

6.2 If the CONTRACTOR is liable on the merits, this liability shall be limited to the typically occurring damage - insofar as it is not damage due to injury to life, limb and health of the CUSTOMER - and direct damage, consequential damage and third-party damage shall be excluded. In particular, this exclusion of liability shall apply to the loss of business relationships and goodwill, loss of data, loss of production and loss of profit, financial loss or damage resulting from impairment of goodwill.

‍

6.3 The CONTRACTOR shall not assume any liability or warranty for orders unless the CONTRACTOR is at fault for the selection. This shall also apply if the CONTRACTOR supervises production by subcontractors and makes decisions at its own discretion.

‍

6.4 The CONTRACTOR shall not be liable for the admissibility and registrability of its works under competition and trademark law.

‍

6.5 Furthermore, the CONTRACTOR shall not be liable for production-related deviations that are within the usual scope, for example: Different color reproductions on different materials, deviations in reprints or similar. Excess or short deliveries of 10% may occur with printed matter and advertising material and must be accepted by the CLIENT.

‍

6.6 The CONTRACTOR shall not be liable for necessary adjustments to websites or further development due to changed technical conditions. They shall be charged on a time and material basis in accordance with the current hourly rate. After the final release of a website, corrections by the CONTRACTOR shall also only be carried out for a corresponding expense allowance.

‍

7. design freedom & templates

‍

7.1 The CONTRACTOR shall enjoy creative freedom within the scope of the order. Complaints regarding the artistic design are excluded. If the CUSTOMER wishes to change a work during or after production, he shall bear the additional costs; furthermore, the CONTRACTOR shall retain the right to remuneration for work already commenced.

‍

7.2 If the execution of an order is delayed for reasons for which the CLIENT is responsible, the CONTRACTOR shall be entitled to charge an additional EUR 100 (net) per day of delay. The deadlines shall be jointly determined in advance in the project plan (Asana) and can only be adjusted by mutual agreement.

‍

7.3 If the implementation of the project is delayed for reasons attributable to the CLIENT, the CONTRACTOR may charge a project planning time of one hour per month. Furthermore, the CONTRACTOR reserves the right to terminate the project after 6 weeks if the project is delayed due to an outstanding response from the CLIENT and to invoice the expenses incurred to date, but at least 70% of the project sum.

‍

7.4 The CLIENT expressly warrants that it is entitled to use all templates provided to the CONTRACTOR, in particular that it holds the rights of use required to fulfill the order or that these have been effectively transferred to it. If, contrary to this assurance, he is not authorized to use them, the CLIENT shall indemnify the CONTRACTOR against all third-party claims for compensation.

‍

8. final provisions

‍

8.1 The place of jurisdiction for all contracts is the company's registered office.

‍

8.2 The law of the Federal Republic of Germany shall apply.

‍

8.3 Unless otherwise agreed in writing, the CONTRACTOR's offers shall generally be valid for 30 days from the date of issue.

‍

8.4 The CLIENT declares its consent that the CONTRACTOR may store its personal data received in the course of the business relationship in the CONTRACTOR's internal address database. The CONTRACTOR in turn assures the CLIENT to treat its data confidentially and to observe data protection regulations.

‍

8.5 The contractual relationship between the CONTRACTOR and the CLIENT shall be governed exclusively by the written form. Verbal agreements shall only become effective if they are confirmed in writing by the CONTRACTOR. The written form requirement shall be deemed to have been met by e-mail or fax. Amendments must also be made in writing; this applies in particular to the waiver of this written form clause itself.

‍

8.6 The invalidity of one of the above provisions shall not affect the validity of the remaining provisions.

‍