General terms and conditions
for graphic and video design services provided by Andrea Steinbach (www.XALTUS-video.com).
The following terms and conditions apply to all contracts concluded between the contractor and the client. They also apply to all future business relationships if they are not expressly agreed again.
1.1. These General Terms and Conditions (GTC) apply exclusively to the contractor and the contractor.
1.2. All orders are recorded in writing in this contract.
2. Copyright protection; Use rights; Self-promotion
2.1. The contract placed with the contractor is a copyright contract. The subject of the contract is the creation of an order and the granting of rights of use to this work.
The regulations of the employment contract law and the copyright law apply.
2.2. All of the contractor’s work, such as Drafts (of any kind of digital creations, be it graphics, video, animated gif etc.) and the commissioned work as a whole are protected as personal intellectual creations by the Copyright Act, the regulations of which are also deemed to be agreed if the requirements for a copyright are met protected work, among other things (§ 2 Abs. 2 UrhG), have not been achieved.
2.3. Without the consent of the contractor, his work and the work including the author’s name may not be changed, neither in the original nor in the reproduction / digital distribution. Any imitation of the work, processing or alienation of the work as well as the preparatory work for this are prohibited.
2.4. The contractor’s works may only be used for the agreed type of use (distribution exclusively on the Internet – purely digital – as specified in the final invoice / section on license / usage rights) and for the agreed purpose to the agreed extent. Public performance, creation of print materials – also in excerpts from works – etc.
2.5. The order in clears the order for the respective purpose (section 2.4). This be the client also written as part of the final invoices confirmed.
The simple right of use is granted, unless the client concludes a specific deviating agreement. The usage rights are only granted when the fee is paid
2.6. The transfer of granted rights of use to third parties requires the prior written consent of the contractor.
2.7. Unless otherwise agreed, the contractor will be able to name the author of the author for the reproduction, distribution, in publications about the work and / or the public reproduction of the designs and / or the final work in addition to the fee owed for the design service demand a contractual penalty in the amount of 100% of the agreed upon for the use, in the absence of an agreement of the appropriate and customary fee. The contractor remains unaffected by this in order to claim higher damages in a concrete damage calculation
2.8. Suggestions, instructions and suggestions from the client for technical, design or other reasons and his other cooperation have no influence on the fee and do not justify any copyrights, unless the contrary has been expressly agreed in writing.
2.9. The client is without previous agreement, with regard to the designs, final graphics, videos, other digital products or work of the contractor in formal property rights such as designs, brands, etc. to register for registration.
2.10. The contractor remains entitled to use the works or parts thereof created in the fulfillment of the order, drafts and other works for self-promotion, regardless of the medium (e.g. in its own website, sample folder etc.) and on their work for the client to point.
3. Fees; Due date
3.1. Unless otherwise expressly agreed between the customer and the contractor, the calculation of the fee is based on the fee recommendations of the BDG – Professional Association of German Communication Designers e.V., Warschauer Straße 59a, 10243 Berlin.
3.2. The production of drafts is always subject to a charge, unless expressly agreed otherwise in writing. The acceptance must not be refused for design-artistic reasons.
3.3. The fees are due upon delivery of the work. If the creation and delivery of the work is done in parts, the corresponding partial fee is due when the part is delivered. Unless otherwise expressly agreed in writing, a partial fee must be paid with the first partial delivery, which is at least half of the total fee. If the execution of an order extends over a longer period of time or if the client is a new customer, the contractor can request installment payments in accordance with the work performed. Namely 1/3 when placing the order, 1/3 after completion of 50% of the work / or after the first correction loop and 1/3 after completion of the entire order.
3.4. All fees are net amounts, payable plus the statutory. VAT, without deduction within two weeks of the due date.
4. Additional services; Incidental and travel expenses
4.1. Unless otherwise agreed in writing, additional services such as the research, the reworking or modification of drafts, the creation and submission of further drafts, the modification of graphic and video products as well as other additional services (corrections, distribution monitoring and other) are calculated separately according to the time required.
4.2. The customer must reimburse any (license) additional technical costs (e.g. for stock materials, sound, etc.) arising in connection with the design work or with the design work.
4.3. The client reimburses the contractor the costs and expenses for travel that are necessary after prior coordination in order to carry out and fulfill the order or use the works.
4.4. The remuneration for additional services is due after they have been provided. Any incidental expenses are to be reimbursed after they have been incurred. Remuneration and incidental costs are net amounts that are to be paid plus VAT.
5.2. Insofar as the contractor provides external services in its own name and on its own account at the request of the client, the client is obliged to pay an appropriate advance for the expected costs. The client releases the contractor internally from all liabilities, in particular all costs that result from the conclusion of the contract.
6. Participation of the client; Freedom; templates
6.1. The client is obliged to provide the contractor with all materials necessary for the fulfillment of the order in good time for the start of the project and in the agreed scope and format. This applies in particular to texts, fonts, CI, photos, logos, graphics, films, pieces of music, sounds etc.
The contractor is not responsible for delays in the execution of the order due to the late or incomplete delivery of such materials.
6.2. The client assures that he is entitled to use all materials that he makes available to the contractor. The client is also solely responsible for the correctness and completeness of the documents provided by him. If the client is not authorized to use the template or if the templates are not free of third party rights, the client releases the contractor internally from all third party claims.
6.3. For the contractor there is freedom of design within the scope of the order. To this extent, complaints regarding the artistic design of the designs and the work are excluded. The client bears the additional costs for changes that the client initiates during or after production.
7. Data delivery and handling
7.1. The contractor is not obliged to hand over the design data or other data that were created in fulfillment of the order to the client. If the client requests the release of data or files, this must be agreed and paid for separately.
7.2. If the contractor provides the client with files or data, these may only be used to the extent agreed. Modifications or changes to the files or data may only be made with the written consent of the contractor.
7.3. The client bears the risk and costs of the transport of data carriers, files and data regardless of the means of transmission.
7.4. The contractor is not liable for defects in data carriers, files and data that arise during data transfer to the client’s system.
8. Ownership and return obligation
8.1. All designs, media and conceptual services as well as any data made available, regardless of whether they are implemented or not, are only granted rights of use, but no property rights are transferred.
In general, a correction loop (adjustments to a design / text changes) is included free of charge in the factory price. Further changes / correction loops are to be reimbursed at cost. The contractor will receive price information in advance.
10. Warranty; liability
10.1. The contractor is only liable for damage in the event of intent or gross negligence. This does not include damage resulting from a breach of a contractual obligation, which is essential for the achievement of the contractual purpose.
10.2. Claims of the client against the contractor based on a breach of duty become time-barred one year after the statutory limitation period begins. This does not apply to claims for damages in accordance with Section 10.1; the statutory limitation periods apply to these.
10.3. The client is obliged to examine the work immediately after delivery and to report any defects immediately. Obvious defects must be reported in writing within two weeks of delivery at the latest. To meet the deadline, it is sufficient to send the notice of defects in good time. In the event of violation of the obligation to inspect and give notice of defects, the work is deemed to have been accepted free of defects.
10.4. The client approves the production and publication. With the release, the client assumes liability for the technical and functional correctness of the text, image, design and product.
10.5. With the exception of a possible fault of selection, the contractor is not liable for orders for external services which the contractor subcontracts to third parties.
10.6. If the contractor provides third-party services at the request of the client in its own name and on its own account, the contractor hereby assigns to the client all warranty, damage compensation and other claims due to faulty, late or non-performance against the external company. The client undertakes to enforce the assigned claims against the external company before using the contractor s.
10.7. The contractor is not liable for the copyright, design or trademark protection or registration ability of the work or parts of the work as well as the drafts or their other design work, which the client leaves for use. The contractor is not obliged to search for designs, trademarks or other property rights. These, as well as a review of the property right situation, are arranged by the client himself and at his own expense.
10.8. The contractor is not liable for the legal, in particular the copyright, design, competition or trademark lawfulness of the intended use of the work or parts of the work or the drafts. The contractor is only obliged to point out legal risks insofar as these become known to the contractor when carrying out the order.
11. Place of performance
The place of performance for both parties is the registered office of the contractor.
12. Final provisions
12.1. The place of jurisdiction is the seat of the contractor if the client is a businessman and the contract belongs to the operation of his trade or the client is a legal person under public law or a special fund under public law or has no general place of jurisdiction in Germany. The contractor is also entitled to sue at the customer’s registered office.
12.2. The law of the Federal Republic of Germany applies with the exception of the United Nations Convention on Contracts for the International Sale of Goods.
12.3. If one of the provisions of these General Terms and Conditions is ineffective in whole or in part, the effectiveness of the remaining provisions remains unaffected.