Terms of Graphic Design (AGG)


These terms and conditions apply to all contracts concluded between the designer and his client contracts. The terms and conditions are agreed upon, if the client does not object immediately after the access.

 

1. Copyright and licenses
1.1. The drafts and final artwork may not be altered without the express consent of the designer either in the original or in reproduction. Full or partial copying is prohibited.
1.2. If you breach paragraph 1.1. the designer has to pay a penalty of 200% of the agreed fee by the client.
1.3. The designer transmits the principal with all necessary for the particular application usage rights. Unless otherwise agreed, only the simple right of use is. The designer remains in any case, even if it has conferred the exclusive right of use, the right to use his designs and reproductions thereof in the context of self-promotion.
1.4. A transfer of rights of use to third parties without the written agreement between designer and client. The rights go to the client only after full payment of compensation beyond.
1.5. The designer has the right to be called on the copies (hard and Softcopies) as author. If the client violates the right to be named, he is bound to the designer to pay a penalty of 100% of the agreed remuneration. This does not affect the right of the designer to assert higher damages in concrete damage calculation.

2. Compensation
2.1. The payments are net amounts payable plus VAT and without deduction.
2.2. The fees are due upon delivery of the draft. If the designs are taken in parts, to be paid upon acceptance of the first partial delivery partial remuneration, which is at least half of the total compensation.
2.3. If the designs are re-used or on a larger scale than originally planned, the client is obliged to pay compensation for the additional use.

3. Party services
3.1. The designer is entitled to appoint the necessary order fulfillment third-party services in the name and for the account of the client. The Client is obliged to provide the designer provide written authorization.
3.2. As far as contracts for external services in the name and on behalf of the designer to be completed in a particular case, the client is obliged to inform the designer in the internal relationship of all liabilities to indemnify arising from the Contract, in particular the obligation to pay the price of the foreign power.

4. Property, obligation to return
4.1. Designs and final drawings only use rights are granted, but not transfer ownership rights. The originals are the designer returned undamaged within three months after delivery, unless otherwise agreed in writing.
4.2. In case of damage or loss of draft or final drawings of the customer must reimburse the costs that are necessary for recovery. The assertion of further damages remains unaffected.

5. Publication of data
5.1. The designer is not obliged to return disks, files, and data. If the client wishes that the designer presents him disks, files and data available, this is agreed in writing and paid for separately.
5.2. Has the designer put the client disks, files and data available, this may only be changed with the consent of the designer.
5.3. Risk and cost of transport of data media, files and data online and offline borne by the customer.
5.4. The designer is not liable except for willful misconduct and gross negligence for defects in data storage media, files and data. The liability of the designer is excluded in case of errors in data storage media, files and data that are produced on the system of the client during data import.

6. Correction, production monitoring and reference samples
6.1. The Client shall submit to the Designer prior to execution of the correction pattern before duplication.
6.2. Should the designer, the production supervision perform it close and the customer a written agreement from. Does the designer, production monitoring, he determines, in its sole discretion and passes instructions.
6.3. Of all the reproduced work, the client leaves the designer ten perfect pattern for free.

7. Liability
7.1. The designer is only liable for damages that cause it or its agents intentionally or through gross negligence. This also applies to damages resulting from a positive breach of contract or tort.
7.2. The sending and return of work and templates is at the risk and for the account of the client.
7.3. With the acceptance of the work, the client assumes responsibility for the accuracy of text and image.
7.4. The designer is not liable for the competition and trademark legal admissibility and registration of its drafts and other design work.
7.5. And complaints of any kind must be made within two weeks after delivery in writing to the designer claims. Thereafter the work shall be deemed in accordance with and free of defects removed.

8. Freedom and templates
8.1. Under the contract, there is freedom for the designer. If the customer during or after production changes, so he has to bear the additional costs.
8.2. Of delay in the execution of the contract for reasons for which the customer is responsible, the designer may require an appropriate increase in the remuneration. In case of intent or gross negligence, he can make a claim for damages.
8.3. The Customer warrants that he is authorized to use all the designer passed templates and that these templates are free of third party rights. Should he receive this insurance not authorized to use or should not use the templates to be free of third party rights, the client provides the designer freely internally from all claims of third parties.

9. Final provisions
9.1. In the event that the customer has no general jurisdiction in the Federal Republic of Germany or relocated his headquarters or habitual residence abroad after conclusion of the contract, the seat of the designer is agreed as place of jurisdiction. 9.2. If any of the above terms and conditions are invalid, this shall not affect the validity of the remaining terms and conditions.

 

 

Terms and Conditions Product Design (AGP)

 


These terms and conditions apply to all contracts concluded between the designer and his client product design work contracts. The terms and conditions are agreed upon, if the client does not object immediately after the access.

1. Contract
1.1. Subject of the contract is the design of new products or the revision of existing products for the client. Within the framework specified by the client, the designer creative freedom. The designer is the instructions that granted him the authority, follow in its creative freedom and consider proposals, production capabilities and business strategies of the client. If the customer during or after production changes, so he has to bear the additional costs.
1.2. The Client is obliged to provide the designer in time the necessary information and documents. He warrants that he is authorized to use the templates provided to the designer, and presents him to the extent of compensation claims by third parties.

2. Copyright and usage rights
The designer even if they do not reach the exclusive right to use his designs, required for a copyright authorship. The transfer of rights must be in writing.

3. Compensation
3.1. Suggestions and instructions of the customer shall not establish a joint copyright and have no influence on the remuneration.
3.2. The creation of designs is subject to remuneration. Necessary changes of designs that are not caused by defects, the designer is responsible will be charged separately. More designs as well as other additional services are charged separately.
3.3. Of delay in the execution of the contract for reasons for which the customer is responsible, the designer may require an appropriate increase in the remuneration. In case of intent or gross negligence, he can make a claim for damages.
3.4. The designer is entitled to reimbursement of all expenses, which were necessary for the fulfillment of the order. Travel and the allocation of external services are to be agreed with the client beforehand.
3.5. Payment is due upon delivery of the work of invoicing. When a delivery of parts of the remuneration is payable upon delivery of each part works and the appropriate invoice. The designer is entitled to demand advance payments according to the workload. Expenses and costs are due upon receipt of invoice.
3.6. Overdue invoices are payable without deduction.

4. External services
4.1. The designer is entitled to appoint the necessary order fulfillment third-party services in the name and for the account of the client. The Client is obliged to provide the designer provide written authorization.
4.2. As far as contracts for external services in the name and on behalf of the designer to be completed in a particular case, the client is obliged to inform the designer in the internal relationship of all liabilities to indemnify arising from the Contract, in particular the obligation to pay the price of the foreign power.

5. Property, obligation to return
5.1. For designs and models, the property is transferred only if this is expressly agreed. The originals are the designer returned undamaged within three months after delivery, unless otherwise agreed in writing.
5.2. In case of damage or loss of the customer must reimburse the costs that are necessary for recovery. The assertion of further damages remains unaffected.

6. Publication of data
6.1. The designer is not obliged to return disks, files, and data. If the client wishes that the designer presents him disks, files and data available, this is agreed in writing and paid for separately.
6.2. Has the designer put the client disks, files and data available, this may only be changed with the consent of the designer.
6.3. Risk and cost of transport of data media, files and data online and offline borne by the customer.
6.4. The designer is not liable except for willful misconduct and gross negligence for defects in data storage media, files and data. The liability of the designer is excluded in case of errors in data storage media, files and data that are produced on the system of the client during data import.

7. Reference samples, Attribution
7.1. The designer has the right to transfer pictures from the items that are produced with the help of his designs, as well as free transfer a specimen copy.
7.2. The designer is entitled to ten copies of advertising materials that are produced for he designed products. The designer has the right to reproduce these advertising materials or copies thereof, for his self-promotion and spread.
7.3. The designer has a right to be called in publications about the product as a designer. His reference to the author is, as stated by him, be affixed on the products made from his designs, if this is technically possible.

8. Liability
8.1. The designer is only liable for damages that cause it or its agents intentionally or through gross negligence. This also applies to damages resulting from a positive breach of contract or tort.
8.2. The designer is responsible for ensuring that the work produced by him has no technical defects. For the novelty, protection capability and economic exploitation of the work and ensure that the production and recycling preclude any rights of third parties, the designer is not liable.
8.3. The client is obligated to independently review the work created by the designer on his ability to function and viability in production. The designer is liable for damages caused by its design or its proposed construction, only for intent and gross negligence.
8.4. The sending and return of work and templates is at the risk and for the account of the client.
8.5. And complaints of any kind must be made within two weeks after delivery in writing to the designer claims. Thereafter the work shall be deemed in accordance with and free of defects removed.

9. Final provisions
9.1. In the event that the customer has no general jurisdiction in the Federal Republic of Germany or relocated his headquarters or habitual residence abroad after conclusion of the contract, the seat of the designer is agreed as place of jurisdiction. 9.2. If any of the above terms and conditions are invalid, this shall not affect the validity of the remaining terms and conditions.