Abstract Lines

Terms & Conditions

SCOPE OF APPLICATION

The following general terms and conditions shall apply exclusively to all contracts with us, together with any preceding individual agreements with our customers and other special contractual conditions such as service descriptions, price agreements, etc. Conflicting general terms and conditions of customers shall only become part of the contract if they do not contradict the present General Terms and Conditions or if we have expressly agreed to their validity in writing. These general terms and conditions shall apply to all contractual relationships between us and our customers even without separate renewed inclusion.

USE OF OUR SERVICES

Any use, even partial use, of our written, verbal or graphic performance results, whether or not they are protected by copyright, competition law, trademark law or otherwise, requires our written consent. This also applies to the modification and processing as well as the use of the ideas underlying our work and services.

PROCESSING OF ORDERS

Minutes of meeting sent by us are binding unless the customer objects immediately after receipt. The principles of commercial confirmation letters apply accordingly.

Templates, files as well as other working materials (in particular negatives, models, original illustrations, etc.) which we use, create or have created in order to provide the service owed under the contract shall remain our property. We are neither obliged to surrender nor to store them.

If no order is placed after a presentation, all services, in particular the presentation documents and the drafts, works, ideas, etc. contained therein, shall remain our property. The customer is not entitled to use this material in any form whatsoever, to process it or to use it as a basis for the production of his own material. If no order is placed, the customer shall immediately return to us all presentation materials in his possession. If no order is placed, we are free to use the presented ideas, works, designs, etc. for other projects and customers.

The passing on of presentation documents and offers to third parties, as well as their publication, duplication, distribution or other use by the customer or his authorized representatives after a presentation without placing an order obligates the customer to pay a fee in the amount of the service concerned. This shall be based on our offer or, if such an offer is not yet available, on the conditions customary in the market.

 

PLACING OF ORDERS WITH THIRD PARTIES

We are entitled to commission third parties to carry out the work assigned to us.

Furthermore, we are entitled to place orders for the production of advertising material, in the creation of which we are involved as agreed, on behalf of the customer. With the inclusion of these general terms and conditions, the customer grants us a corresponding power of attorney.

We place orders for advertising media in our own name and for our own account. If quantity discounts or painting scales are used, the customer will receive an additional charge, which is due immediately, if the discount or scale requirements are not met. We are not liable for defective performance of the advertising media.

The customer undertakes to comply with the legal requirements regarding the amount of remuneration in accordance with the Minimum Wage Act and the Employee Posting Act. In addition, he also undertakes to comply with these requirements for the rental companies or subcontractors used by him and subcontractors used by them within the framework of the contractual relationship existing with us. The customer shall submit to us corresponding declarations of commitment from the subcontractors without being requested to do so. In the event of a breach of the obligations specified in sentences 1 and 2, we shall be entitled to terminate the contract without notice for good cause. The customer shall indemnify us against any liability under the Minimum Wage Act and the Employee Posting Act. If, as a result of such a violation, a fine is imposed on us due to a negligently committed administrative offense pursuant to § 21 MiLoG or § 23 AEntG, the customer shall be obligated to pay a contractual penalty in the amount of the fine to us upon its becoming legally effective. The assertion of further damages by us remains unaffected by this.

 

DELIVERY, DELIVERY DEADLINES

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

Delivery deadlines are only binding if the customer fulfills any obligations to cooperate (e.g. procurement of documents, releases) properly, on time and in full.

Templates and drafts provided by us shall only be binding in terms of color, image or sound design if their corresponding possibility of realization is confirmed by us in writing.

A legal examination of the admissibility of the respective project as well as of the services contained therein and legal advice by us shall only be owed by us if this has been expressly agreed. We assume no liability for compliance with competition law or other regulations.

 

TERMS OF PAYMENT, RESERVATION OF PROPRIETARY RIGHTS, COMPENSATION FOR CHANGES

Unless expressly stated otherwise, agreed prices are net prices to which the applicable value-added tax must be added. In addition, the artist's social security contribution, customs duties or other charges, including those arising subsequently, shall be borne by the customer.

Our invoices are due for payment immediately after the invoice date without any deductions. Invoices sent to us will be settled within 21 days after receipt of the invoice. Service provider invoices will be settled by us after receipt of payment from the customer.

Until all invoices relating to an order have been paid in full, we retain title to all documents and items provided. Rights to our services, in particular rights of use under copyright law, shall not pass to the customer until all invoices relating to the order have been paid in full.

We are entitled to invoice the customer for partial payments for partial services already rendered, without these partial services having to be available to the customer yet or to have been taken off by the customer.

Special services, such as the adaptation or modification of pure layouts, manuscripts, concepts, service processes, etc., which are requested by the customer due to changes in the order/contract content, will be invoiced according to the time required and in accordance with the price scale of the present order. In this case, we are also entitled to commission the external services necessary for the fulfillment of the order in the name and for the account of the customer. The customer shall also grant us corresponding power of attorney for this purpose upon conclusion of the contract. Insofar as contracts for external services are concluded in our name and for our account in individual cases, the customer undertakes to release us internally from all liabilities arising from the conclusion of the contract. This includes in particular the assumption of costs. Expenses for technical incidental costs as well as material costs, in particular for special materials, for the production of models, photos, proofs, intermediate photos, reproductions, typesetting and printing are to be reimbursed by the customer against proof. Travel costs and expenses for journeys which are to be undertaken in connection with the order and which have been agreed with the customer or which could be considered necessary, are to be reimbursed by the customer against proof.

If the customer terminates the contractual relationship after placing the order and before completion of the project, the customer shall be obliged to pay the agreed remuneration. The remuneration shall be reduced by the amount corresponding to the expenses we have saved by not carrying out the project or by terminating the project.

Offsetting with counterclaims or assertion of a right of retention is only permissible if the customer's claims are not disputed by us or have been legally established.

RIGHTS OF USE

Upon settlement of all invoices relating to the order, the customer shall be granted all rights of use necessary for the use of our work and services for the purposes intended and identifiable at the time of conclusion of the contract, to the extent agreed in the contract. Unless otherwise expressly agreed in writing, the customer shall in case of doubt receive a simple, non-transferable right of use limited to the territory of the Federal Republic of Germany for the duration of the first use. The reproduction of our performance results is always excluded. The provision in Section 2 of these General Terms and Conditions shall remain unaffected. In all publications, we shall be named as the creator in the form customary in the industry, even if the services do not enjoy copyright protection in accordance with §2 UrhG (German Copyright Act). We shall not pay any remuneration in excess of the contractually agreed remuneration.

WARRANTY, LIABILITY

In the event of material and legal defects in our work, trades, deliveries and services, we shall be entitled to choose between rectification (elimination of the defect by means of measures we deem suitable and at our discretion) or subsequent delivery (delivery of a defect-free work). Within the scope of a project, there is freedom of design in our favor. Displeasure of the customer with the artistic design is not considered a material defect.

Claims for damages of any kind are excluded if we, our legal representatives or our legal representative can be accused of slightly negligent breach of duty. In case of breach of essential contractual obligations, gross negligence and injury to life, body and health, we shall be liable without limitation.

PLACE OF JURISDICTION, APPLICABLE LAW

The exclusive place of jurisdiction for all active and passive lawsuits arising from or in connection with a contract between us and our customers as well as for all non-contractual disputes is Speyer.

All contractual relationships shall be governed exclusively by the provisions of the law of the Federal Republic of Germany to the exclusion of the provisions of the CISG (UN Convention on Contracts for the International Sale of Goods).

FINAL PROVISIONS

Supplements and amendments to contractual agreements must be confirmed in writing in order to be effective. This also applies to the cancellation of the written form requirement. If a contractual provision is or becomes invalid, the remaining agreements shall remain unaffected. The ineffective agreement shall be replaced by the statutory provision or, in the absence of such a provision, by a provision that comes closest to the meaning and purpose as well as the content of the ineffective provision, taking into account the interests of both parties.