The following AVG apply to all orders placed with us. They shall be deemed to have been agreed if they are not objected to immediately.
1. copyright and rights of use
1.1. Every order placed with the designer/agency is a copyright contract aimed at granting rights of use to the work services.
1.2. All drafts and final artwork are subject to copyright law. The provisions of the Copyright Act also apply if the level of creation required under Section 2 of the Copyright Act has not been reached.
1.3. The designs and final artwork may not be altered either in the original or in reproduction without the express consent of the designer/agency. Any imitation – even of parts – is not permitted. A breach of this provision entitles the Designer to demand a contractual penalty in the amount of twice the agreed remuneration. If no remuneration has been agreed, the usual remuneration according to the collective agreement for design services SDSt⁄AGD shall be deemed agreed.
1.4. The designer/agency 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 each case. Any transfer of the rights of use to third parties requires a written agreement. The rights of use shall not be transferred until the remuneration has been paid in full.
1.5. The designer/agency has the right,
to be named as the author on the reproductions. A violation of the right
The designer is entitled to compensation if the name is not mentioned. Without proof of higher damages, the compensation shall amount to 50% of the agreed or customary remuneration according to the collective agreement for design services SDSt⁄AGD. The right to claim higher damages upon proof remains unaffected.
1.6. Suggestions made by the client or his other cooperation have no influence on the amount of the remuneration. They do not constitute a joint copyright.
2.1. Drafts and final artwork, together with the granting of rights of use, form a single service. Remuneration is based on the collective agreement for design services SDSt⁄AGD, unless otherwise agreed. The remunerations are net amounts, which are to be paid plus the statutory value added tax.
2.2. If no rights of use are granted and only drafts and⁄or final artwork are supplied, the remuneration for use shall not apply.
2.3. If the designs are used later or to a greater extent than originally intended, the Designer is entitled to invoice the remuneration for the use retrospectively or to demand the difference between the higher remuneration for the use and the remuneration originally paid.
2.4. The production of designs and all other activities that the Designer performs for the Client are subject to a fee, unless expressly agreed otherwise.
3.1. Payment is due upon delivery of the work. It is payable without deduction. If the ordered work is accepted in parts, then
a corresponding partial payment is due upon acceptance of the part. If an order extends over a longer period of time or requires a high level of financial input from the Designer/Agency, appropriate payments on account are to be made, namely 1⁄3 of the total remuneration when the order is placed, 1⁄3 after completion of 50% of the work, 1⁄3 after delivery.
3.2. In the event of late payment, the Designer/Agency may charge interest on arrears at a rate of 4% above the current discount rate of the Deutsche Bundesbank. This shall not affect the assertion of claims for higher damages.
4.1 Special services such as the reworking or modification of final artwork, manuscript study or print supervision shall be charged separately according to the time spent in accordance with the collective agreement for design services SDSt⁄AGD.
4.2. The Designer/Agency is entitled to order the external services required to fulfill the order in the name and for the account of the Client. The Client undertakes to authorize the Designer/Agency accordingly.
4.3. Insofar as contracts for third-party services are concluded in the name and for the account of the Designer/Agency in individual cases, the Client undertakes to indemnify the Designer/Agency internally against all liabilities arising from the conclusion of the contract. This includes in particular the assumption of costs.
4.4. Expenses for incidental technical costs, in particular for special materials, for the production of models, photos, intermediate shots, reproductions, typesetting and printing, etc. shall be reimbursed by the client.
4.5. Travel costs and expenses for trips to be undertaken in connection with the order and agreed with the client shall be reimbursed by the client.
5.1. Only rights of use are granted to drafts and final artwork, but no ownership rights are transferred.
5.2. The originals must therefore be returned undamaged after a reasonable period of time, unless expressly agreed otherwise. In the event of damage or loss, the client shall reimburse the costs necessary to restore the originals. The right to claim further damages remains unaffected.
5.3. The dispatch of works and templates shall be at the risk and for the account of the client.
5.4. The designer/agency is not obliged to hand over files or layouts created on the computer to the client. If the client wishes computer data to be handed over, this must be agreed separately and
to be remunerated. If the Designer has provided the Client with computer files, these may only be changed with the Designer’s prior consent.
6.1. Correction samples must be submitted to the designer/agency before reproduction is carried out.
6.2. Production supervision by the designer/agency shall only take place on the basis of a special agreement. If the designer/agency takes over production supervision, the designer/agency is entitled to make the necessary decisions at its own discretion and to take appropriate measures.
to give instructions. He/she shall only be liable for errors if he/she is at fault and only for intent and gross negligence.
6.3. The Client shall provide the Designer/Agency with 10 to 20 perfect, unfolded copies of all reproduced work free of charge. The Designer is entitled to use these samples for the purpose of self-promotion.
7.1. The Designer/Agency undertakes to carry out the order with the greatest possible care, and in particular to treat any templates, films, displays, layouts etc. provided to it with care. He shall only be liable for damages incurred in the event of intent and gross negligence. Compensation in excess of the material value is excluded.
7.2. The Designer/Agency undertakes to carefully select and instruct its vicarious agents. Furthermore, it shall not be liable for its vicarious agents.
7.3. If the Designer/Agency commissions necessary external services, the respective contractors are not vicarious agents of the Designer/Agency. The Designer/Agency is only liable for its own fault and only for intent and gross negligence.
7.4. With the approval of drafts, final versions or final artwork by the client, the client assumes responsibility for the accuracy of the text and images.
7.5. The designer/agency shall not be liable for any drafts, texts, final versions and final artwork approved by the client.
7.6. The designer/agency is not liable for the admissibility and registrability of the work under competition and trademark law.
7.7. Complaints of any kind must be made in writing to the Designer/Agency within 14 days of delivery of the work. The work shall then be deemed to have been accepted free of defects.
8.1. There is freedom of design within the scope of the order. Complaints regarding the artistic design are excluded. If the client wishes to make changes during or after production, he shall bear the additional costs. The Designer/Agency retains the right to remuneration for work already commenced.
8.2. If the execution of the order is delayed for reasons for which the Client is responsible, the Designer/Agency may demand an appropriate increase in remuneration. In the event of intent or gross negligence, he may also assert claims for damages. The assertion of further damages caused by delay remains unaffected.
8.3. The Client warrants that it is authorized to use all templates provided to the Designer/Agency. If, contrary to this assurance, the Client is not authorized to use the work, the Client shall indemnify the Designer/Agency against all third-party claims for compensation.
9.1. The place of performance is the registered office of the designer/agency.
9.2. The invalidity of one of the above provisions shall not affect the validity of the remaining provisions.
9.3. The law of the Federal Republic of Germany shall apply.