The general terms and conditions are recognized by the client when the order is placed.
1.1: The following general terms and conditions apply exclusively to all contracts for services between the designer and the client. This also applies if the client uses general terms and conditions and these contain conditions that conflict with or deviate from the general terms and conditions listed here.
1.2: The general terms and conditions listed here also apply if the designer carries out the order without reservation in the knowledge of conflicting or deviating conditions of the client.
1.3: Deviations from the conditions listed here are only valid with the express written consent of the designer.
2. Usage and copyrights
2.1: Each order placed with the designer is a copyright contract aimed at granting rights of use to the work. The examination of the admissibility of the work of the designer under competition law is not part of the contract. It also does not include the examination of the labeling or other property rights registrability or usability of the work of the designer. Corresponding research is the responsibility of the client.
2.2: All drafts and final artwork are subject to copyright law. The provisions of this law apply between the parties even if the necessary protection requirements, e.g. B. the so-called. Creation height should not be given in individual cases. In such a case, the copyright contract rules of §§ 31 ff. UrhG apply in particular; In addition, the parties are particularly entitled to the copyright claims from §§ 97 ff. UrhG.
2.3: The drafts and final artwork may not be changed in the original or in reproduction or passed on to third parties without the express consent of the designer. Any imitation – even of parts – is not permitted. A violation of this section 2.3 sentences 1 and 2 entitles the designer to demand a contractual penalty in the amount of 100 percent of the agreed remuneration in addition to the remuneration to be paid anyway.
2.4: The designer grants the client the necessary rights of use for the respective purpose. Unless otherwise agreed, only the simple right of use is granted. A transfer of the rights of use to third parties requires a written agreement.
2.5: The rights of use are only transferred to the client after the remuneration has been paid in full.
2.6: The designer is to be named as the author on the copies (see 2.9). A violation of this provision entitles the designer to demand a contractual penalty in the amount of 100 percent of the agreed remuneration in addition to the remuneration to be paid anyway.
2.7: Suggestions or cooperation by the client or his employees have no influence on the amount of the remuneration. They do not establish a joint copyright.
2.8: The drafts and final artwork may only be used for the agreed scope of use (in terms of time, space and content). Any use beyond the agreed scope of use (in terms of time, space and content) is not permitted and entitles the designer to demand a contractual penalty in the amount of 100 percent of the agreed remuneration for this extended use in addition to the remuneration to be paid anyway.
2.9: If the subject of the contract is a book cover (regardless of whether it is an e-book, paperback or hardcover) the client undertakes – in the case of publication – to note the following copyright in the book‘s imprint (or in a suitable place):
© Coverdesign: Franziska Haase – www.coverdungeon.com
3. Payment for services
3.1: Drafts and final artwork together with the granting of usage rights form a uniform service. The amount of the remuneration and all prices quoted are exclusive of statutory sales tax.
3.2 If the drafts are used again or to a greater extent than originally intended, the client is obliged to pay remuneration for the additional use.
3.3: If no rights of use are granted and only drafts and / or final artwork are supplied, no remuneration for use is made.
3.4: The preparation of drafts and all other activities that the designer performs for the client are subject to a fee, unless otherwise expressly agreed.
3.5: Reverse Charge: Reference is made to the tax liability of the service recipient according to § 13b UStG. The tax rate is 19%.
4. Payment due date
4.1: The remuneration is to be paid within 14 days after receipt of the invoice issued by the designer. If the order requires financial advance payments from the designer, advance payments are to be made in the full amount of the advance payments. If the working time exceeds four calendar weeks, the client agrees to the payment by calendar monthly invoice on the basis of the work previously performed.
4.2: The acceptance may not be refused for creative or artistic reasons. There is freedom of design within the scope of the order.
5. Special services
5.1: The offered design work includes three correction / change loops. Each additional one will be charged according to expenditure. Special services such as reworking or changing final artwork, studying manuscripts or printing monitoring will be charged separately according to the time required.
5.2: After prior consultation with the client, the designer is entitled to order the external services necessary to fulfill the order in the name of and for the account of the client. The client undertakes to grant the graphic designer appropriate power of attorney.
5.3: Insofar as contracts for third-party services are concluded in the name of and for the account of the designer in individual cases, the client undertakes to release the designer internally from all liabilities arising from the conclusion of the contract.
5.4: Expenses for technical ancillary costs, especially for special materials, for the production of models, photos, intermediate shots, reproductions, typesetting and printing, etc., are to be reimbursed by the client.
5.5: Travel costs and expenses for trips to be undertaken in connection with the order and agreed with the client are to be reimbursed by the client.
6. Ownership of layout data / drafts
6.1: Rights of use are only granted to drafts and final artwork, but not ownership.
6.2: The originals are to be returned undamaged to the designer after a reasonable period, unless otherwise agreed in writing. In the event of damage or loss, the client has to reimburse the costs that are necessary to restore the originals. The assertion of further damage remains unaffected.
6.3: The data and files created in fulfillment of the contract also remain the property of the designer. The latter is not obliged to hand over data and files to the client. If the client wishes their surrender, this must be agreed separately and paid for.
6.4: If the designer has made data and files available to the client, these may only be changed with the prior consent of the designer.
6.5: The dispatch of all items mentioned in paragraphs 6.1 to 6.4 takes place at the risk and for the account of the client.
7. Correction, production monitoring, specimen copies and self-promotion
7.1: Correction samples must be submitted to the designer before duplication is carried out.
7.2: Production monitoring by the designer only takes place on the basis of a special agreement. When taking over production monitoring, the designer is entitled to make the necessary decisions at her own discretion and to give appropriate instructions.
7.3: The client provides the designer with a perfect specimen copy of all reproduced work free of charge. The designer is entitled to use this sample and all work resulting from the fulfillment of the contract for the purpose of self-promotion in all media and otherwise to refer to the activities for the client.
8.1: The designer is liable for any damage caused, e.g. B. to templates, films, displays, layouts, etc. provided to her, only in the event of willful intent and gross negligence, except for damage resulting from injury to life, body or health; The designer is liable for such damage even in the event of slight negligence. Otherwise, it is only liable in the event of slight negligence if an obligation is violated, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation).
8.2: The designer assumes no liability to the client for orders placed with third parties in the name and on the account of the client. In these cases, the designer only acts as an intermediary.
8.3: With the approval of drafts or final artwork by the client, the client assumes responsibility for the technical and functional correctness of the product, text and image.
8.4: The graphic designer is not liable for any drafts or final artwork approved by the client.
8.5: Complaints about obvious defects must be made in writing to the designer within 14 days of delivery of the work. Timely dispatch of the complaint is sufficient to meet the deadline.
8.6: The designer assumes no liability for data loss due to force majeure or file damage. This also applies to the source files of a website. He can refuse updates to an existing file in the event of data loss or, in consultation with the client, bill the reproduction according to the effort.
8.7: In the case of photo shoots, the designer assumes that the persons photographed have transferred their rights to the image to the client. The client undertakes to check the photos provided for their legally harmless use. The client is liable for any recourse claims.
9. Freedom of design, execution of the order and templates
9.1: There is freedom of design within the scope of the order. Complaints regarding the artistic design are excluded. If the client wishes changes during or after production, he has to bear the additional costs caused thereby.
9.2: If the execution of the order is delayed for reasons for which the client is responsible, the designer can demand an appropriate increase in remuneration. In the event of willful intent or gross negligence, he can also assert claims for damages. The assertion of further damage caused by default remains unaffected.
9.3: The client assures that he is authorized to use all templates given to the designer. If, contrary to this insurance, he is not entitled to use it, the client releases the designer from all third party claims for compensation.
10. Termination of Contract
10.1: If the client terminates the contract prematurely, the designer will receive the agreed remuneration, but must have saved expenses or completed or maliciously neglected replacement orders offset (§ 649 BGB). The parties agree on a lump sum for the services and expenses up to the point of termination as follows: in the event of termination before the start of work, 10 percent of the agreed remuneration. In addition, different individual agreements are possible. The client reserves the right to provide evidence of actually lower services or higher expenses.
11. Final provisions
11.1 If the client is a merchant, the place of performance and jurisdiction is the seat of the designer.
11.2 The law of the Republic of Germany applies.