General Terms and Conditions

The following General Terms and Conditions apply to all orders placed with us. Conflicting terms and conditions of the client do not become part of the contract.

Any use, including partial use, of works and services presented or handed over by us with the aim of concluding a contract (presentation), whether protected by copyright or not, requires our prior consent. This also applies to use in modified or edited form and to the use of the ideas underlying our works and services, insofar as these have not been reflected in the client's previous advertising materials. Acceptance of a presentation fee does not constitute consent to the use of our works and services.

3.1 Meeting minutes provided by us are binding unless the client objects immediately upon receipt.

3.2 Templates, files and other working materials (in particular negatives, models, original illustrations and the like) that we create or have created in order to provide the contractually owed service remain our property. There is no obligation to hand them over. We are not obliged to retain them.

4.1 We are entitled to carry out the work assigned to us ourselves or to commission third parties with it.

4.2 We are entitled to place orders for the production of advertising materials in whose creation we are contractually involved in the name of the client. The client hereby expressly grants the corresponding power of attorney.

4.3 We place orders with advertising media in our own name and for our own account. If volume discounts or graduated scales are claimed, the client will receive a subsequent charge if the discount or scale requirements are not met, which is due immediately. We are not liable for defective performance by advertising media.

4.4 The contractor undertakes to comply with the statutory requirements regarding the level of remuneration under the German Minimum Wage Act (MiLoG) and the German Posted Workers Act (AEntG). The contractor further undertakes to ensure compliance with these requirements by the hiring agencies or subcontractors it engages, and by subcontractors engaged by them, within the scope of this contract. The contractor will provide us with corresponding declarations of commitment from the subcontractors without being requested to do so.

In the event of a breach of the obligations set out in sentences 1 and 2, we are entitled to terminate the contract without notice. The client will indemnify us against any liability under the German Minimum Wage Act and the German Posted Workers Act. If, as a result of such a breach, a fine is imposed on us for a negligently committed administrative offense pursuant to Section 21 MiLoG or Section 23 AEntG, the contractor is obliged, once the fine becomes legally final, to pay us a contractual penalty in the amount of the fine. Claims for higher damages remain unaffected.

5.1 Our delivery obligations are fulfilled as soon as the works and services have been dispatched by us. The risk of transmission (e.g. damage, loss, delay), regardless of the medium used for transmission, is borne by the client.

5.2 Delivery deadlines are only binding if the client has duly fulfilled any obligations to cooperate (e.g. provision of documents, approvals).

5.3 Templates and drafts provided by us are only binding with regard to color, image or sound design once we have confirmed in writing that they can be realized accordingly.

5.4 Reviews under competition law are only our responsibility if this has been expressly agreed.

6.1 Agreed prices are net prices, plus the applicable value-added tax. The artists' social security contribution (Künstlersozialabgabe), customs duties or other levies, including those arising subsequently, will be passed on to the client.

6.2 For media placement, the advertising media's list prices valid on the date of publication are binding.

6.3 Our invoices are due for payment 10 days after the invoice date without any deduction.

6.4 Until full payment of all invoices relating to the order, we retain ownership of all documents and items provided. Rights to our services, in particular copyright usage rights, pass to the client only upon full payment of all invoices relating to the order.

7.1 Upon settlement of all invoices relating to the order, we will transfer to our client all usage rights required for the use of our works and services to the extent agreed for the order or apparent to us from the circumstances of the order. In case of doubt, we fulfill our obligation by granting non-exclusive usage rights within the territory of the Federal Republic of Germany for the period of use of the advertising material. Any use beyond this, in particular editing, requires our consent.

7.2 If we engage third parties to fulfill the contract, we will acquire their usage rights to the extent set out in clause 7.1 and transfer them to the client accordingly.

8.1 The client must inspect works and services delivered by us immediately upon receipt, and in any case before any further processing, and give notice of defects without delay. If immediate inspection or notification of defects is omitted, the client has no claims.

8.2 If defects exist, we are entitled to two attempts at rectification within a reasonable period.

8.3 Claims for damages of any kind are excluded if we, our legal representatives or our vicarious agents have acted with slight negligence. This does not apply to breaches of essential contractual obligations. In that case, liability is limited to typical and foreseeable damages. Vis-a-vis businesses, we are furthermore not liable for claims for damages of any kind in the case of grossly negligent breaches of non-essential contractual obligations by simple vicarious agents. Claims for damages of any kind against businesses are limited to compensation for typical and foreseeable damages.

9.1 If the client is a merchant within the meaning of the German Commercial Code, the court with jurisdiction for our registered office is agreed as the place of jurisdiction for all disputes.

9.2 German law applies.