GENERAL CONTRACTUAL BASIS OF THE ALLIANCE OF GERMAN DESIGNERS E.V.
The following general contractual principles apply to all orders placed with boccalu, Sabine Gistl ("Designer"). They are considered as agreed upon if they are not immediately contradicted.
1 Copyright and rights of use
1.1 Every order placed with the designer is a copyright contract for work, which is aimed at granting rights of use to the work services.
1.2 All designs and final artwork are subject to copyright law. The provisions of the Copyright Act shall also apply if the level of creativity required under § 2 of the Copyright Act is not reached.
1.3 The drafts and final artwork may not be altered either in the original or in reproduction without the express consent of the Designer. Any imitation - even of parts - is not permitted. Any infringement of this provision entitles the Designer to demand a contractual penalty amounting to double the agreed remuneration. If remuneration has not been agreed, the usual remuneration in accordance with the collective agreement for design services SDSt/ AGD shall be deemed to have been agreed.
1.4 The Designer shall transfer to the Client the rights of use required for the relevant purpose. Unless otherwise agreed, only the simple right of use shall be transferred in each case. Any transfer of the rights of use to third parties shall require a written agreement. The rights of use shall not be transferred until the remuneration has been paid in full.
1.5 The Designer shall have the right to be named as the author on the reproductions. Any infringement of the right to be named entitles the Designer to compensation. Without proof of higher damages, the compensation shall be 50% of the agreed remuneration or the usual remuneration according to the collective agreement for design services SDSt/AGD. The right to claim higher damages upon proof remains unaffected.
1.6 Proposals made by the client or his other cooperation have no influence on the amount of the remuneration. They do not constitute a co-author's right.
2.1 Drafts and final artwork, together with the granting of rights of use, form a uniform service. Unless otherwise agreed, remuneration shall be based on the Collective Agreement on Design Services SDSt/AGD. The remuneration is a net amount, which is to be paid plus the statutory value added tax.
2.2 If no rights of use are granted and only drafts and/or final artwork is supplied, the remuneration for use shall not apply.
2.3 If the designs are used later or to a greater extent than originally intended, the Designer shall be entitled to invoice the remuneration for use retrospectively or to demand the difference between the higher remuneration for use and that originally paid.
2.4 The production of designs and all other activities that the Designer performs for the Client are subject to a fee, unless expressly agreed otherwise.
3 Due date for payment
3.1 Payment is due upon delivery of the work. It is payable without deduction. If the work ordered is accepted in parts, a corresponding partial remuneration is due upon acceptance of the part. If an order extends over a longer period of time or requires the Designer to make substantial financial advance payments, appropriate payments on account shall be made: 1/3 of the total remuneration on placing the order, 1/3 after completion of 50% of the work, 1/3 after delivery.
3.2 In the event of late payment, the Designer may demand interest on arrears at 4% above the current discount rate of the Deutsche Bundesbank. This shall not affect the right to claim proven higher damages.
4 Special services, incidental and travel expenses
4.1 Special services such as the reworking or alteration of final artwork, study of manuscripts or supervision of printing shall be invoiced separately according to the time required in accordance with the collective agreement for design services SDSt/AGD.
4.2 The Designer shall be entitled to order the external services necessary for the fulfilment of the order in the name and on account of the Client. The Client undertakes to grant the Designer appropriate power of attorney.
4.3 Insofar as, in individual cases, contracts for outside services are concluded in the name of and for the account of the Designer, the Client undertakes to release the Designer from all obligations arising from the conclusion of the contract in the internal relationship. This includes in particular the assumption of costs.
4.4 Expenses for ancillary technical costs, in particular for special materials, for the production of models, photographs, interim photographs, reproductions, typesetting and printing etc. are to be reimbursed by the Client.
4.5 Travel costs and expenses for trips to be undertaken in connection with the order and agreed with the client shall be reimbursed by the client.
5 Retention of title
5.1 Only rights of use are granted for drafts and final artwork, but no property rights are transferred.
5.2 The originals must therefore be returned undamaged after a reasonable period of time, unless expressly agreed otherwise. In the event of damage or loss, the client must reimburse the costs necessary to restore the originals. The assertion of further damages remains unaffected.
5.3 The dispatch of the work and of originals is at the risk and for the account of the client.
5.4 The Designer is not obliged to hand over to the Client any files or layouts created on a computer. If the Client requires the surrender of computer data, this shall be agreed and paid for separately. If the Designer has provided the Client with computer files, these may only be altered with the prior consent of the Designer.
6 Correction, production monitoring and sample documents
6.1 Correction samples must be submitted to the designer before the reproduction is carried out.
6.2 Production supervision by the Designer shall only take place by special agreement. If production supervision is assumed, the Designer shall be entitled to make the necessary decisions and give appropriate instructions at his or her own discretion. He shall only be liable for errors if he is at fault and only for intent and gross negligence.
6.3 The Client shall provide the Designer with 10 to 20 perfect unfolded receipts of all reproduced work free of charge. The Designer shall be entitled to use these samples for his or her own advertising purposes.
Section 7 Liability
7.1 The Designer undertakes to carry out the order with the greatest possible care, and in particular to treat any templates, films, displays, layouts etc. provided to him/her with the utmost care. He shall only be liable for any damage incurred in cases of intent or gross negligence. Compensation for damages exceeding the value of the material is excluded.
7.2 The Designer undertakes to select and instruct his vicarious agents with care. He shall not be liable for his vicarious agents beyond this.
7.3 If the Designer commissions necessary outside services, the respective contractors are not vicarious agents of the Designer. The Designer shall only be liable for his own fault and only for intent and gross negligence.
7.4 With the approval of drafts, final versions or final artwork by the Client, the latter shall assume responsibility for the correctness of text and images.
7.5 The Designer shall not be liable for the designs, texts, final versions and final artwork approved by the Client.
7.6 The Designer shall not be liable for the admissibility and registrability of the work under competition and trademark law.
7.7 Complaints of any kind whatsoever must be made in writing to the Designer within 14 days of delivery of the work. Thereafter the work shall be deemed to have been accepted as free of defects.
8 Design freedom and templates
8.1 Within the scope of the order there is freedom of design. Complaints regarding the artistic design are excluded. If the client wishes changes during or after production, he has to bear the additional costs. The Designer retains the right to remuneration for work already begun.
8.2 If the execution of the order is delayed for reasons for which the Client is responsible, the Designer may demand an appropriate increase in remuneration. In the event of intent or gross negligence, he/she may also assert claims for damages. The assertion of further damage caused by delay remains unaffected.
8.3 The Client affirms that he/she is entitled to use all templates handed over to the Designer.
8.4 If, contrary to this insurance, he/she is not entitled to use them, the Client shall indemnify the Designer against all third-party claims for compensation.
9 Final clauses
9.1 The place of performance is the registered office of the Designer.
9.2 The invalidity of one of the above terms and conditions shall affect the validity of the remaining provisions do not.
The law of the Federal Republic of Germany applies.