Terms & Conditions

1. Scope of services, usage rights and obligations for customer’s cooperation

1.1 The scope of services provided to the client is determined by the service description in an offer concluded beforehand between the client and the designer. Subsequent changes to the content of the service require written confirmation by the designer. Within the framework specified by the customer, the designer is free to fulfil the order.

1.2 The drafts and final artwork may not be changed either in the original or in the reproduction without the express consent of the designer’s will. Any required changes after finalization shall be executed by the designer only. Any total or partial imitation by the client is prohibited.

1.3 The designer remains entitled in any case, even if he has granted the exclusive right of use, to use his drafts and copies thereof for self-promotion in all media.

1.4 A transfer of the usage rights to third parties requires a written agreement between designer and client. The rights of use are only transferred to the client after the remuneration has been paid in full.

1.5 The designer is to be named as the author of any duplication, distribution, exhibition and/or public reproduction of the drafts and final art work.

2. Execution and delivery times

2.1 All services of the designer (in particular all preliminary drafts, sketches, clean drawings, copies, color prints and electronic files) must be checked by the customer and released within an agreed amount of time between the client and the designer. In the event of non-timely release, the designer will not be held responsible for the delay of services.

2.2 All graphical elements must not be delivered to third-party without written consent of the designer.

2.3 The client shall make available to the designer, in a timely and complete manner all the information and documentation (photos, logos, text etc.) necessary for the provision of the service. All the data provided to the designer for the execution of required services should be of high resolution, any fault in this data will not be designer’s responsibility. These documents will provide information about all the circumstances relevant to the performance of the order, even if they become known only during the execution of the order. The customer bears the expenses incurred by the fact that work has to be repeated or delayed by the designer as a result of client’s incorrect, incomplete or subsequently changed information.

3. Renumeration

3.1 Final confirmation of the payment transfer from the client is required after each month (if not otherwise agreed in written). If the design drafts are accepted in parts, then when the first partial delivery is accepted, a partial remuneration must be paid, which amounts to at least half of the total remuneration.

3.2 Any new use of the drafts and final artwork requires the prior written consent of the designer. The same applies to uses that go beyond the originally agreed or intended scope.

3.3 Because of a small graphic design business, all amounts are in gross, including VAT.

4. Release of Data

4.1 The designer is not obliged to hand over original data carriers, files and data. If the client wishes the designer to provide him with data carriers, files and data, this must be agreed in writing.

4.2 If the designer has made original data carriers, files and data available to the client, these may only be changed after the consent of the designer.

4.3 In case of deliverance of original data to the client, any display of this art work in media is to be published with ownership copyrights of the designer.

4.4 The designer is not liable for errors in data carriers, files and data that arise after the data has been imported into the client’s system.

5. Liability and Warranty

5.1 With the acceptance of work and/or the approval of drafts and final artwork, the client undertakes responsibility for the correctness of text and images, with the result that the designer’s liability is no longer applicable.

5.2 The designer is not liable for the copyright, registered design or trademark protection or registration of the drafts and other design work that the client leaves to the designer for use. The client has to carry out research into designs, patents or trademarks himself and on his own account.

5.3 In no case is the designer liable for the legal, in particular Admissibility of the intended use under competition and trademark law. However, he is obliged to inform the client of any legal risks, provided that they become known to him during the execution of the order.

5.4 The client is obliged to examine the work performed by the designer within a reasonable period of time (14 working days) after receipt and to notify the designer of any defects. The complaint of obvious defects must be made in writing within two weeks after delivery of the work, the complaint of non-obvious defects within a period of two weeks after the defect was recognized. In the event of a breach of the duty to examine and notify, the designer’s work is deemed to have been approved with regard to the defect in question.

6. Final Provisions

6.1 If one of the above terms and conditions is ineffective, this does not affect the effectiveness of the remaining terms and conditions.