Terms & Conditions
Any order placed is a copyright contract and deemed for copyright work to be used under license. An order placed after a detailed briefing is also binding.

Any drafts, texts, concepts, final artworks and works are subject to the copyright law. The provisions of the German Copyright Law (UrhG) shall also apply in cases where the required threshold of originality pursuant to § 2 UrhG is not achieved.

It is not allowed to modify any drafts, texts, concepts, final artworks and works in their original nor duplicate without expressive prior consent neither the genuine. This requires the consent of the originator. Any reproduction - even partial - is prohibited. The client gets the rights to use required for the respective purpose. Unless agreed upon otherwise, only the single right of use is being assigned to the customer. A transference of the rights of use by the client into three parts absolutely needs the previous written approval. The rights of use shall be transferred once payment has been made in full. Unless agreed upon otherwise, the contractor has the right to be named as originator on reproductions. By injury of the right on name naming the contractor is entitled to compensation.

Proposals or other contributions made by the client or his employees shall not result in a reduced remuneration. No co-copyright can be derived.

Remuneration
Drafts, texts, concepts, final artworks and works when ordered as a complete service are regarded as a single service along with granting the rights of use. Remunerations are net amounts, which are (if noted) payable plus the legal value added tax.

If no rights of use are granted and only und Drafts, texts, concepts, final artworks and/or works are delivered, the remuneration for use is omitted.

Should the drafts be used later or on a larger scale than anticipated, the contractor can invoice the use subsequently, respectively invoice the difference between the higher remuneration and the originally paid remuneration for rights of use.

The creation of drafts and any other activity performed for the client is payable as a matter of principle, if no other agreements are made.

Offers and invoices created by the client are reduced by the legally established amount (5,3% of all the contractor?s income / year 2009) of the deductions to the KSK. The user of the artistic achievement is legally bound to pay the artists' social security contributions independently.

Date of Remuneration

Remuneration is due on completion. It is payable without any deductions. If the ordered works are delivered in separate parts, remuneration is due according to the respective part. If the order covers a longer time span or if it requires the contractor to perform a lot of preliminary work, the 1/3 of the total remuneration is due at placement of the order, 1/3 is due at completion of 50% of the work, and 1/3 is due after delivery, unless it has been agreed on otherwise in writing.

In default, the contractor can take delay interests in the amount of 5% over the respective German Federal Bank rate into account. The assertion of a proved higher damage remains as untouched.

Special Services, Incidentals and Travel Expenses

Special services such as manuscript review, print monitoring etc. are charged separately according to time spent. The contractor shall be entitled to sub-contract any work necessary for the fulfillment of the task on behalf and for account of the client. The client undertakes to supply the required powers of attorney.

Insofar as individual contracts in respect of contracted services are concluded in the name and for account of contractor, the client is obligated, in accordance with their internal relationship, to indemnify the contractor of all obligations and liabilities arising from the conclusion of such contracts. This particularly applies to payment for the contracted service. Expenses for technical incidentals, particularly special materials for models, photos, intermediate receptacles, reproductions, setting and printing etc. are to be to be reimbursed by the client.

Travel expenses and costs related to the order and discussed with the client are to be reimbursed by the latter unless otherwise agreed upon.

Retention of Title
Only rights of use on drafts, texts and works are granted, proprietary rights are not transferred.

The originals are therefore to be returned undamaged after a reasonable time, unless otherwise agreed upon. In the event of damage or loss the client shall be liable for costs incurred to re-create the originals. The right to seek further damages is reserved.

Delivery is made at the purchasers cost and at the purchasers risk.

The contractor is not obliged to hand over files or layouts created on the computer to the client. Should the client wish to be handed over computer data, this has to be agreed upon and paid for separately. Should the contractor have supplied the client with computer file, the latter can only be modified after the contractor's prior consent.

Liability

The contractor is obliged, to perform the given task with the utmost care, and to handle any templates and layouts handed over to him carefully. He is only liable for damages caused through intent or gross negligence. Any claim for damages exceeding the material value is excluded.

The contractor is obliged to carefully select his assistant(s) and instruct them in detail. However he is not liable for his assistant(s). Should it be required to sub-contract any work necessary for the fulfillment of the task, the respective sub-contractors are not assistants. The contractor shall be liable for any fault of its own and only for through intent or gross negligence.

By authorising texts and concepts the client accepts responsibility for the accuracy of texts and images.

For designs, texts and concepts approved by the client the contractor bears no liability. Compliance with competition- and patent law and registerability are to be verified by the client. Objections no matter what kind are to be asserted within 14 days on receipt of the achievement in writing with the contractor. After this period all work shall be deemed free of any deficiencies.

Final Provisions
Place of jurisdiction is the contractor's seat.

If any of the above provisions were to be ineffective or invalid, this would not affect the validity of the remaining provisions. The laws of the Federal Republic of Germany apply: Design- and development service include a task- and requirement-specific representation as text samples, drawings, plans and/or computer-assisted visualisations that can communicate and clarify the created solution to the client. Particularly extensive visualisations created on request of the client for certain presentation purposes or planning documentation and files intended for transmission and template for additional parties involved in the development process shall be invoiced separately by time and material spent.

Consulting services throughout the development process shall be invoiced separately by time and material spent. Additional services must be agreed upon separately. They will be invoiced separately by time and material spent. The contractor's hourly rate is calculated based on the individual operating cost calculation and takes into consideration special qualifications and experience.