Conditions and contracts
General terms and conditions
(in the following DF)
1. General Terms and Conditions - Global
1.1 The following General Terms and Conditions apply to all contracts for services rendered by DF. They shall also apply to future transactions between the contracting parties without the need for a new agreement. This applies in particular even if the customer has his own General Terms and Conditions of Business (GTC) and these contradict and deviate from the conditions listed here.
1.2 The terms and conditions listed here shall also apply if DF executes the order without reservation in the knowledge of conflicting terms and conditions of the customer.
1.3 Deviations from the terms and conditions listed here are only valid if DF expressly agrees to them in writing.
1.4 All agreements, including assurances and collateral agreements made between DF and the customer for the purpose of executing the contract, must be set down in writing in the contract.
1.5 All offers are subject to confirmation. The contract is only deemed to have been concluded when the order has been confirmed in writing by DF.
2. Copyright and rights of use
2.1 Every order from DF is a copyright contract. The subject matter of the contract is the creation as well as the granting of rights of use of the commissioned graphic product. The provisions of the law on contracts for work and services and the Copyright Protection Act §§ 97 ff. Copyright Act.
2.2 The drafts, texts, final artwork, logos, photos, graphics, layouts, forms, etc. are personal, intellectual creations of DF, which are subject to the Copyright Act. The provisions of the German Copyright Act shall also apply if the level of creativity required under Section 2 of the German Copyright Act is not reached.
2.3 Without the consent of DF, your work, including the copyright designation, may not be changed either in the original or in reproduction. Any ‚imitation‘, even of parts or details, is not permitted.
2.4 The works of DF may only be used for the agreed type of use and the agreed purpose to the agreed extent. For this purpose, the rights of use required for the respective purpose shall be transferred to the customer. In the absence of an express agreement, the purpose of the contract shall be deemed to be only the purpose which the customer has made recognizable when placing the order. Any other or further use is only permitted with the consent of the graphic designer and after agreement of an additional usage fee.
2.5 The rights of use shall not be transferred to the Principal until the fee has been paid in full by the Principal.
2.6 All uses beyond the specifically granted rights of use, such as double use for another product not specified in the contract or the transfer of granted rights of use to third parties, require the consent of DF.
2.7 DF shall be entitled to information about the scope of use.
2.8 Suggestions and instructions of the customer for technical, design or other reasons and his other cooperation shall not influence the amount of the remuneration; they shall not establish a co-author’s right either, unless this has been expressly agreed.
2.9 DF does not check whether the picture/text material or samples provided by the customer are free of third party rights (©Copyright). The examination is the sole responsibility of the customer. DF assumes that the customer is entitled to use the material.
3. Remuneration, due date of remuneration and freedom of design
3. remuneration, due date of remuneration and freedom of design
3.1 Drafts, texts, final artwork, logos, photos, graphics, layouts, forms, etc., together with the granting of rights of use, form a uniform service. Work that has already begun, even the preparation of drafts and all activities for the client are subject to a fee, unless expressly agreed otherwise. Design services are handed over in the form of a PDF file; the contract is fulfilled with the handover of a PDF file, no further file formats are owed. The delivery of further file formats, in particular the delivery of open files, is not owed. The client may acquire these files for an appropriate fee. This must be agreed separately.
3.2 If the designs are used to a greater extent than originally agreed, DF is entitled to subsequently demand the difference between the higher remuneration for the actual use and the remuneration originally received.
3.3 Remuneration for services shall be based on the individual contract. Insofar as the individual contract shows hourly rate remuneration, commenced hours shall be considered as half hours, and if the 30 minutes are exceeded, they shall be calculated as full hours. If reference is made to a DF price list, the current version shall apply.
3.4 If DF does not provide a cost estimate, the hourly rate of the respective current price list shall apply, unless otherwise agreed in writing.
3.5 Remuneration is due upon delivery of the work and is payable without deduction within 7 days of invoicing, unless otherwise agreed. The remunerations are net prices plus the statutory value added tax of 19%.
3.6 If work is delivered in parts, the corresponding partial remuneration is due upon delivery of the part. If the execution of an order extends over a longer period of time, payments on account may be demanded in accordance with the amount of work performed.
3.7 In the event of late payment, further services may be refused without prior notice and interest on arrears may be demanded at a rate of 6% above the respective prime rate of the European Central Bank.
3.8 Acceptance may not be refused for creative-artistic reasons. Within the scope of the order there is freedom of design. If the client wishes changes during or after production, he shall bear the additional costs.
3.9 If acceptance is not effected by the client after a reminder or after a maximum of ten working days after submission of the draft, the draft shall be deemed to have been accepted and will be invoiced.
4. Extra services, outsourced services, incidental and travel expenses
4.1 The modification of drafts, the creation and submission of further drafts, the modification of product drawings as well as other additional services (manuscript study, production supervision, etc.) will be charged separately according to the time required.
4.2 Incidental technical costs incurred in connection with the design work or the execution of designs (e.g. special materials for models, photos, reproductions, typesetting, etc.) shall be reimbursed.
4.3 DF is entitled to order the external services necessary for the fulfilment of the order in the name and for the account of the customer. The client undertakes to grant the graphic designer appropriate power of attorney.
4.4 Insofar as DF, at the behest of the Principal, commissions external services in his name, the Principal shall release DF from any resulting liabilities. This includes in particular the assumption of costs, which are to be borne by the principal as incurred.
4.5 Travel costs and expenses for trips to be undertaken in connection with the order and agreed upon with the customer shall be borne by the customer.
5. Retention of title and risk of shipment
5.1 Only rights of use are granted to digitally and manually created drafts, drawings, illustrations, photos and digital templates for realization, but no ownership rights are transferred. If an agreement on the remuneration is reached, the customer can acquire the rights of use of the digital data from DF. DF is under no obligation to hand over the data.
5.2 The originals must be returned undamaged to DF after a reasonable period of time. Unless expressly agreed otherwise
has been agreed, digital artwork may not be used for any purpose other than that agreed.
5.3 The sending and return of the work shall be at the risk and expense of the customer.
6. Correction and production monitoring
6.1 Prior to the start of production, DF must be provided with correction samples and proofs.
6.2 Production shall only be supervised by DF on the basis of a special agreement which authorizes DF to make necessary decisions and issue instructions.
7. General Terms and Conditions - Liability and Warranty
7.1 DF shall not assume any liability for the admissibility of the work under competition and trademark law; the same applies to its protectability.
7.2 By approving the work, the customer assumes responsibility for the correctness of the image, text, colors and other content.
7.3 If DF, at the instigation of the customer, commissions external services in his name and on his account, DF shall not be liable for the services and work results of the commissioned service providers.
7.4 DF’s liability for defective print products resulting from the delivery of data with hidden defects which were not noticeable in color printouts, proofs or PDFs shall be excluded if DF was not commissioned to check the proofs or print approval.
7.5 The release of production and publication is the responsibility of the client. If, in exceptional cases, the customer delegates the release in whole or in part to DF, he shall release DF from liability.
7.6 DF’s liability is not excluded in cases of gross negligence or intent. In the case of slight negligence DF shall only be liable in case of violation of essential contractual obligations. In this case, however, liability for indirect damage, consequential damage and loss of profit is excluded. Liability for positive breaches of contract, culpa in contrahendo and tort is also limited to compensation for typical, foreseeable damage. In the event of failure of services and performances due to outside influence and force majeure, DF is not liable for damages, e.g. power failure, interruption of telecommunication network, etc.
7.7 DF undertakes to execute the order with the greatest possible care, in particular to treat the provided templates, documents, samples etc. with care.
Web design: The customer is obliged to check the delivered work results – this also applies to those in the case of intermediate acceptances – for defects immediately after delivery. The customer must immediately notify DF in writing of any obvious defects. After that, the website is considered accepted as free of defects. In the event of defective performance, DF undertakes to remedy the defects free of charge at its discretion. If DF is unable to remedy the defect, the customer shall not be entitled to claim damages, but may only demand a reduction of the remuneration.
7.8 Complaints of any kind must be made in writing to DF within 14 days after delivery of the work. After this period the work shall be deemed accepted as free of defects.
7.9 No warranty is assumed for the correctness of the content and technical accuracy of digital data provided. Any liability for configuration and conversion services, in particular for ‚data loss‘, is excluded.
7.10 DF cannot guarantee unlimited provision of the digital data over an unlimited period of time.
7.11 No liability can be accepted for any virus attack from the Internet, from storage media supplied to the customer or for any damage resulting from this.
8. Data Protection, ©Copyright Notice - Reserved Rights
8.1 At least 3 perfect specimen copies of reproduced works shall be provided to DF free of charge. DF is entitled to use these samples for the purpose of self-promotion, unless otherwise agreed.
8.2 In the case of projects, DF shall be granted the right to add a copyright notice and the website address (URL) in a font of appropriate size for the product, unless the customer makes other agreements. Any violation of this right entitles DF to claim damages. Without proof, DF shall have the right to demand 100% of the agreed remuneration as compensation. In the absence of an agreement on remuneration, the hourly rate of the current price list shall apply. The right to claim higher damages upon proof remains unaffected.
8.3 DF is entitled to list the customer as a reference on the Internet and to link to the website address (URL) or sub-pages, unless otherwise agreed.
9. Security and data protection
All customer data is stored and processed by DF in compliance with the regulations of the German Federal Data Protection Act (BDSG). You have the right to free information, correction, blocking and deletion of your stored data at any time; please send DF your request by mail or email. DF will not pass on your personal data, including your home address and e-mail address, to third parties without your express consent, which can be revoked at any time. The business partner agrees and is informed that all data relating to him from the business relationship, including personal data within the meaning of the German Federal Data Protection Act (BDSG), will be stored within the scope of electronic data processing and passed on to commissioned service providers within the scope of order processing.
10. Domain, hosting and SEO
10.1 Insofar as Internet services are agreed upon, DF shall not be liable for the allocation of the requested domain name; in particular, no claims can be made against DF for non-allocation of a domain name.
10.2 The customer assures that the registration of his domain name does not infringe any rights of third parties. He acts on his own responsibility, releasing DF from liability.
10.3 The customer will be registered by DF as the sole domain holder with the responsible DENIC, thus the customer receives all rights and obligations of this domain ownership. For this purpose, the data of the customer for the desired domain name are transmitted to DENIC (the registration may be subject to costs).
10.4 DF is entitled to register the customer with the desired domain name at an Internet provider and to receive the access data – necessary for the creation of the Internet presence.
10.5 By registering with the provider, the customer will be charged additional hosting fees (monthly or annual, depending on the provider).
10.6 Search engine optimization (SEO) can be carried out for the internet presence at the request of the client and, if necessary, taking into account additional costs.
11. Concluding clauses, place of performance and jurisdiction
11.1 The invalidity of one or more of the above provisions shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by an effective provision which achieves the economic purpose intended by it as far as possible.
11.2 In the event that the Principal does not have a general place of jurisdiction in the Federal Republic of Germany or moves his registered office or usual place of residence abroad after conclusion of the contract, the Graphic Designer’s registered office is agreed as the place of jurisdiction. The law of the Federal Republic of Germany shall apply.
11.3 The place of performance and jurisdiction for both parties is the registered office of DF.