AGB
1 Copyright and rights of use
1.1 Every order placed with the designer constitutes a copyright contract aimed at granting rights of use to the designer's work. The provisions of Sections 2 and 31 of the German Copyright Act (UrhG) in conjunction with the German Civil Code (BGB) governing contracts for work and services apply.
1.2 The Copyright Act applies to the designer's designs and working drawings as personal intellectual creations. The provisions of the Copyright Act apply even if the level of creativity required under Section 2 of the Copyright Act is not achieved.
1.3 The designs and working drawings, including the author's designation, may not be altered either in the original or in reproduction. Any imitation—even of parts or details—is prohibited.
1.4 The work may only be used for the agreed type of use and for the agreed purpose and to the agreed extent. Any other or further use is permitted only with the consent of the designer and after agreeing on an additional usage fee.
1.5 By paying the royalty, the client acquires the right to exploit (use) the work within the agreed framework. In doing so, the designer generally grants the client the exclusive right of use in accordance with Section 31 (3) of the German Copyright Act (UrhG).
1.6 Suggestions from the client or other collaboration shall have no influence on the amount of remuneration. They do not constitute co-authorship unless expressly agreed.
2 Remuneration
2.1 Drafts and working drawings, together with the granting of rights of use, constitute a single service. Remuneration for this service is comprised of the following partial fees:
a) the design fee
b) the fee for the copyright (usage fee)
c) the working drawing fee.
2.2 The remuneration shall be calculated on the basis of the collective wage agreement (VTV) for design services provided by freelance employees in its currently valid version.
2.3 If no rights of use are granted and only drafts and/or working drawings are supplied, no payment for the copyright shall be made.
2.4 The submission of drafts and all other activities performed by the Designer for the Client are subject to a fee, unless expressly agreed otherwise.
3 Due date of remuneration
3.1 The remuneration is due upon delivery. It is payable without deduction. If the ordered work is accepted in parts, a corresponding partial fee is due upon acceptance of each part.
3.2 In case of late payment, the Designer may charge default interest at a rate of 4% above the current discount rate of the Deutsche Bundesbank.
3.3 If an order extends over a longer period of time or requires the designer to make significant financial advance payments, appropriate interim payments shall be made, namely 1/3 of the total remuneration upon award of the order and 1/3 upon completion of 50% of the work.
3.4 The remuneration is a net amount, which is payable plus VAT. The reduced VAT rate pursuant to Section 12 (2) No. 7c of the German Value Added Tax Act (UStG) applies to the granting and transfer of copyright usage rights and the services required for their preparation (drafts, working drawings, etc.).
4 Special services, incidental and travel expenses
4.1 Special services such as the reworking or modification of working drawings, manuscript study or print monitoring will be charged separately according to the time required in accordance with the VTV.
4.2 The designer is entitled to order the third-party services necessary for the fulfilment of the order in the name and for the account of the client.
To the extent that contracts for third-party services are concluded in the name and for the account of the designer, the client is obligated to indemnify the designer internally from all liabilities arising from the conclusion of the contract. This includes, in particular, the assumption of costs.
4.4 Expenses for technical incidental costs, in particular for special materials, production of models, photographs, intermediate shots, reproductions, phototypesetting, printing, etc., shall be reimbursed by the Client.
4.5 Costs and expenses for travel to be undertaken in connection with the order will only be invoiced if the trip has been agreed upon with the client.
5 Retention of title
5.1 Only rights of use are granted to designs and working drawings, but not ownership rights.
5.2 The originals must therefore be returned undamaged within a reasonable period of time, unless expressly agreed otherwise.
5.3 The dispatch and any return of the work shall be at the risk and expense of the Client.
6 Correction, production monitoring and sample documents
6.1 Prior to the execution of the reproduction, proof samples must be submitted to the Designer.
6.2 Production monitoring by the designer shall only be undertaken by special agreement. When assuming production monitoring, the designer shall be entitled to make the necessary decisions and issue appropriate instructions at his or her own discretion, taking into account the client's ideas and specifications.
6.3 Texts are read carefully to the best of our knowledge; clause 7 also applies mutatis mutandis to the texts.
6.4 The designer will be provided with 10 to 20 flawless, unfolded copies of all reproduced works (a reasonable number for valuable pieces) free of charge. The designer is entitled to use these samples for his own promotional purposes.
2 Liability
7.1 By approving drafts, final versions or working drawings, the client assumes responsibility for the accuracy of images and text.
7.2 The designer shall not be liable for any drafts, final versions or working drawings approved by the client.
7.3 The designer shall not be liable for the admissibility and registrability of the designs under competition or trademark law.
7.4 To the extent the Designer commissions necessary third-party services, the respective contractors/contractual partners are not vicarious agents of the Designer. Liability for the services and work results of such contractors/contractual partners is excluded, unless otherwise provided by law.
7.5 The designer shall only be liable in the event of his own delay or impossibility of performance for which he is responsible.
8 Design freedom and templates
8.1 There is freedom of design within the scope of the contract accepted.
8.2 The templates provided by the client (e.g. photos, texts, models, samples, etc.) will be used by the designer on the condition that the client is authorized to use them.
9 Effectiveness of the provisions
9.1 Should one or more of the above provisions be invalid, the validity of the remaining provisions shall not be affected.
10 Place of performance/jurisdiction
The place of performance and jurisdiction is Stuttgart. The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the user: Stuttgart. The same applies if the customer does not have a general place of jurisdiction in the Federal Republic of Germany or if the customer's place of residence or habitual abode is unknown at the time the action is filed.
The laws of the Federal Republic of Germany apply. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply, with the exception of international copyright laws.
11 Severability Clause
Should individual provisions of the contract and the General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision. In the event of a gap in the provision, the parties shall agree on a provision that enforces the parties' intentions as evident from the entire content of the contract.
Stuttgart, may 2025
