boccalu - KONZEPT und DESIGN

 

boccalu
Agency for Communication and Design
Sabine Gistl
Georgenstrasse 46

80799 Munich
phone +49 (0) 89-33 03 69 91
fax +49 (0) 89-33 03 77 84
post(at)boccalu.com

VAT identification number
in accordance with Section 27 a of the German Value Added Tax Act (UStG):
DE128378192

Professional title: Dipl.-Designer (FH) (graduate designer)

Information in accordance with Section 5 of the German Telemedia Act (TMG)

General Terms of Contract of the Alliance of German Designers (AGD)

 

The following General Terms of Contract apply to all commissions placed with boccalu, Sabine Gistl (the “Designer”). These General Terms of Contract shall be considered agreed unless they are rejected at the earliest opportunity.

 

1 Copyright and Rights of Use

1.1 Any commission awarded to the Designer is a contract to product copyright work, which grants rights of use in the commissioned work.

1.2 All designs and final artwork are subject to the German Copyright Act (Urheberrechtsgesetz). The provisions of copyright law shall continue to apply even if the threshold of originality under Section 2 of the German Copyright Act has not been reached.

1.3 Original and reproduced designs and final artwork may not be modified without the explicit consent of the Designer. Imitation of any kind – including of parts of works – is not permitted. Breach of this provision shall entitle the Designer to a contractual penalty equal to twice the agreed fee. If a fee has not been agreed, the standard fee in accordance with the AGD Collective Agreement on Fees for Design Services shall be considered agreed.

1.4 The Designer grants the client the rights of use required for the relevant purpose. Unless otherwise agreed, only simple (non-exclusive) rights of use are granted. Transfer of rights of use to third parties requires written agreement. The rights of use shall not be deemed to have been transferred until the fee has been paid in full.

1.5 The Designer has the right to be credited as the author on reproductions of the work. Breach of this provision shall entitle the Designer to compensation. Without proof of greater damage, compensation shall be 50% of the agreed fee or of the standard fee under the AGD Collective Agreement on Fees for Design Services. The right to claim greater compensation remains unaffected.

1.6 Suggestions by the client or any other contribution by the client shall have no influence on the amount of the fee. Such suggestions or contributions shall not substantiate any claim to joint copyright.

 

 

2 Fee

2.1 Drafts and final artwork together with the granting of rights of use form a single service. Unless otherwise agreed, the fee shall be based on the AGD Collective Agreement on Fees for Design Services. Fee amounts are calculated as net amounts and VAT must be paid in addition.

2.2 If no rights of use are granted and only designs and/or final artwork are delivered, there shall be no fee due for the rights of use.

2.3 If the designs are used subsequently or used to a greater extent than originally intended, the Designer shall be entitled to charge for use at a later date and/or to demand payment of the difference between the greater fee for right of use and the fee originally paid.

2.4 Unless otherwise agreed, preparation of designs and all other activities that are performed by the Designer for the client are subject to charge.

 

3 Due date for payment of fees

3.1 Payment of the fee is due upon delivery of the work. It must be paid without deduction. If the commissioned work is delivered in parts, corresponding partial payment of the fee shall be due upon receipt of each part. If a commission extends over a long period or requires extensive financial outlay on the part of the Designer, the fee shall be paid in instalments equal to 1/3 of the total fee on award of commission, 1/3 after completion of 50% of the work and 1/3 after final delivery.

3.2 If the fee is not paid by the due date, the Designer may charge interest for delay at 4% above the prevailing bank rate of the German Central Bank, while reserving the right to claim higher compensation upon production of appropriate evidence.

 

4 Additional services, ancillary costs and travel expenses

4.1 Additional services such as the revision or alteration of final artwork, manuscript proofreading or the supervision of printing shall be invoiced separately on a time basis in accordance with the AGD Collective Agreement on Fees for Design Services.

4.2 The Designer is entitled to subcontract any work necessary to complete the commission on behalf of and for the account of the client. The client undertakes to grant the Designer the necessary authorisation for this purpose.

4.3 If individual agreements for subcontracted work are concluded on behalf of and for the account of the Designer, the client undertakes, for the purposes of their relationship, to hold the Designer free from all obligations which result from the conclusion of such agreements, in particular the client agrees to accept the costs.

4.4 Expenses incurred for ancillary technical costs, in particular for special materials, the completion of models, photographs, interim copies, reproductions, typesetting and printing, etc. must be refunded by the client.

4.5 Travel costs and expenses for travel undertaken in connection with the commission and with the prior agreement of the client must be refunded by the client.

 

5 Retention of Title

5.1 The rights to all designs and final artwork that are granted are rights of use, not ownership rights.

5.2 The originals must therefore be returned undamaged to the Designer after a reasonable period of time, unless otherwise expressly agreed in writing.

In the event of damage or loss, the client must bear the costs incurred to replace the originals. Any claims for greater compensation remain unaffected.

5.3 All work and original documents are sent to the client at the risk of and for the account of the client.

5.4 The Designer is not obliged to hand over files or layouts created on the computer to the client. If the client would like computer data, a separate agreement must be reached and a separate fee must be paid. If the Designer has provided the client with computer files, the files may only be altered with the Designer’s prior consent.

 

6 Correction, supervision of production and samples

6.1 Samples for correction must be made available to the Designer before reproductions are made.

6.2 Designer shall only supervise production on the basis of a separate agreement. If the Designer agrees to supervise production, she is entitled to make all necessary decisions and issue relevant instructions based her personal judgement. The Designer shall only be liable for errors that are her own fault and only for intent and gross negligence.

6.3 The client shall provide the Designer with 10 to perfect, unfolded sample copies of all reproduced work. The Designer shall be entitled to use these samples for self-promotional purposes.

 

 

 

7 Liability

7.1 The Designer undertakes to perform the commission with the greatest care and in particular to handle original documents, films, displays, layouts, etc. entrusted to his/her with care. He/she shall be liable for damage only with intent or gross negligence. The Designer shall not be liable for damages exceeding the value of the raw materials.

7.2 The designer undertakes to seek and instruct agents with care. He/she does not accept any greater liability for her agents.

7.3 Where the Designer subcontracts work, the contractors shall not be considered as the Designer’s agents. The Designer shall only be liable if he/she is at fault and only for intent or gross negligence.

7.4 By approving designs and final artwork, the client accepts responsibility for the accuracy of the text and image.

7.5 The Designer shall bear no liability for such designs and final artwork approved by the client.

7.6 The Designer shall not bear liability for the admissibility and registrability of work under competition and trademark law.

7.7 Complaints of any kind must be brought to the attention of the Designer in writing within 14 days of delivery of the work. Thereafter, the work shall be considered to be free of defects.

 

8 Creative freedom and original documents

8.1 The commission is performed on the basis of creative freedom. Complaints regarding artistic freedom are excluded. If the client requires alterations to be made during or after production, he/she must bear the additional costs incurred. The Designer shall be entitled to the fee for work already begun.

8.2. If execution of the commission is delayed due to causes for which the client is responsible, the Designer shall be entitled to demand an appropriate increase in fee. In the event of intent or gross negligence, the Designer shall also be entitled to claim compensation. Greater claims for compensation for delay shall remain unaffected.

8.3 The Principal guarantees that he/she is authorised to use any original documents which he/she provides to the Designer.

8.4 If it is discovered that he/she is not authorised to use such documents, the client shall hold the Designer free from any claims for compensation by third parties.

 

9 Final provisions

9.1 The Designer’s registered office is the place of performance.

9.2. The invalidity of any of the above provisions shall not affect the validity of the remaining provisions.

This contract is subject to the law of the Federal Republic of Germany.