Terms and Conditions

General Terms

The following terms apply exclusively to all contracts for design services between the contractor and the client. This applies in particular even if the client uses General Terms and Conditions (GTCs) that contain conflicting or deviating conditions from those listed here. The terms listed here also apply if the contractor executes the order unconditionally with knowledge of conflicting or deviating conditions of the client. Deviations from the terms listed here are only valid if the contractor agrees to them in writing. All agreements made between the contractor and the client for the purpose of executing the contract must be set down in writing in this contract.

Compensation

Compensation for drafts, designs, and granting of usage rights is based on the previously agreed milestones of the contractor. The preparation of drafts is subject to charge unless expressly agreed otherwise. If the drafts are used to a greater extent than originally intended, the contractor is entitled to subsequently demand the difference between the higher compensation for the actual use and the compensation originally received. Upon commissioning, 50% of the project price is due as a down payment before the project begins, the remaining amount upon completion and before handover of the data. It is payable without deduction. Acceptance may not be refused for artistic or design reasons. There is creative freedom within the scope of the order. All services additionally requested by the client during the project phase will be invoiced separately at a previously defined hourly rate and billed according to effort in 15-minute intervals.

Warranty

The contractor undertakes to execute the order with the greatest possible care, in particular to treat templates, documents, samples, etc. provided to them with care. Complaints of any kind must be made in writing to the contractor within 14 days of delivery of the work. After that, the work is deemed to have been accepted as free from defects. Privacy policy and legal notice are provided by the client. The client is responsible for legal review of the site and is liable from the handover of the data.

Travel and Transportation Costs

If one or more overnight stays in a hotel are necessary for the provision of our services, the costs incurred will be borne by the client. The client will be informed in advance by the contractor of the expected travel costs. Travel costs are charged at an hourly rate of €130 net.

Copyrights and Usage Rights

Every order given to the contractor is an author's work contract aimed at granting usage rights to the work services. All drafts and designs are subject to copyright law. The provisions of the Copyright Act apply between the parties even if the required protective requirements are not met in individual cases. The contractor is therefore entitled in particular to the copyright claims from §§97ff. UrhG. The drafts and designs may not be altered without the express consent of the contractor, either in the original or in reproduction. Any imitation, even of parts, is inadmissible.

A violation of this provision entitles the contractor to demand a contractual penalty amounting to twice the agreed compensation. The contractor transfers to the client the usage rights required for the respective purpose. Unless otherwise agreed, only a simple usage right is transferred in each case. A transfer of usage rights by the client to third parties requires prior written agreement between client and contractor. The usage rights only pass to the client after full payment of the compensation.

The contractor has the right to be named as the author in publications about the product. A violation of the right to be named entitles the contractor to damages. Without proof, the contractor can demand 100% of the agreed compensation as damages.

Suggestions and instructions from the client or their employees and agents have no influence on the amount of compensation. They do not establish co-authorship.

Payment Deadline and Penalty Payments upon Order Confirmation

After receipt of the offer, the client is obliged to pay 50% of the offer price within the next 30 days to confirm the order. If payment is not made within this period, from the 31st day onwards, 2% of the offer price per week will be due as a penalty payment until payment has been received in full.

Delays by the Client

If the client fails to fulfill their obligation to provide agreed documents, files, or content to the contractor on time, the contractor is entitled to adjust the project timeline accordingly. The adjustment can be up to twice the time period between the originally agreed deadline and the actual receipt of the documents. In this case, however, the originally agreed payment deadline remains unchanged.

Project Delay and Standstill by the Client

If a project is not actively continued for a period of more than 4 weeks after commencement because the client does not provide required feedback, approvals, or content despite reminders, the project is considered dormant. In this case, the contractor is entitled to charge a monthly flat rate of 5 hours at the applicable hourly rate (€150/h net) as a standstill fee. This fee serves to compensate for ongoing communication and planning efforts as well as the provision of capacities. The client will be informed in writing at least 7 days in advance of the possible occurrence of this regulation. Upon resumption of the project, a new project timeline can be agreed. The originally agreed payment deadlines remain unaffected.

Project Completion Despite Missing Approval

If the project is completed in terms of content, but no final approval or feedback is received from the client for a period of more than 6 weeks, the contractor is entitled to declare the project completed. In this case, the remaining compensation becomes due and the agreed services are deemed to have been provided. Change requests or additional services after this time will be charged separately.

Final Provisions

Unless otherwise stated in the order confirmation, the place of performance is the registered office of the client or the registered office of the contractor. The invalidity of one of the above conditions does not affect the validity of the other provisions. The law of the Federal Republic of Germany applies. The place of jurisdiction is the registered office of the contractor. The contractor is also entitled to sue at the registered office of the client.

As of March 10, 2025
Taglauer und Künnecke GbR