Terms and Conditions

Lisa Nowak

Georg-Schumann-Strasse 321

04159 Leipzig
lisaihsbo@web.de
www.lisaihsbo-coverdesign.com

GENERAL TERMS AND CONDITIONS
1 General

1.1 The following General Terms and Conditions apply exclusively to all contracts for graphic design services between the graphic designer and the client. This shall also apply in particular if the client uses general terms and conditions and these contain terms and conditions that contradict or deviate from the general terms and conditions listed here.

1.2 The General Terms and Conditions listed here shall also apply if the graphic designer carries out the order without reservation in the knowledge that the client's terms and conditions conflict with or deviate from the terms and conditions listed here.

1.3 Deviations from the terms and conditions listed here shall only be valid with the express written consent of the graphic designer.

2 Subject matter of the contract, copyright and rights of use

2.1 Every order placed with the graphic designer is a copyright contract that is aimed at granting rights of use to the work services. The review of the admissibility of the graphic designer's work under competition law is not the subject of the contract. It also does not include checking whether the graphic designer's work is registrable or usable under trademark or other protection law. The client shall be responsible for carrying out such research.

2.2 All drafts and final artwork are subject to copyright law. The provisions of this law shall apply between the parties even if the necessary protection requirements, e.g. the so-called level of creation, are not met in individual cases. In such a case, the provisions of copyright contract law of Sections 31 et seq. UrhG apply in such a case; in addition, the parties are entitled in particular to the copyright claims under Sections 97 et seq. UrhG.

2.3 The drafts and final artwork may not be changed or passed on to third parties either in the original or in reproduction without the express consent of the graphic designer. Any imitation - even of parts - is not permitted. A breach of this clause 2.3 sentences 1 and 2 shall entitle the graphic designer to demand a contractual penalty amounting to 100 percent of the agreed remuneration in addition to the remuneration payable in any case. If no clear amount for the remuneration has been determined by the time of the breach of this clause 2.3, sentences 1 and 2, the mean value of the price range stated by the graphic designer shall be set as the amount of the remuneration.

2.4 The graphic designer shall grant the client the rights of use required for the respective purpose. Unless otherwise agreed, only the simple right of use shall be granted in each case. Any transfer of the rights of use to third parties shall require a written agreement.

2.5 The rights of use shall not be transferred to the client until the remuneration has been paid in full.

2.6 The graphic designer must be named as the author on the reproductions. Any breach of this provision shall entitle the graphic designer to demand a contractual penalty amounting to 100 percent of the agreed remuneration in addition to the remuneration payable in any case.

2.7 Suggestions and instructions from the Client or its employees for technical, creative and other reasons shall have no influence on the remuneration; they shall also not constitute a joint copyright unless they have been expressly agreed.

2.8 The drafts and final artwork may only be used for the agreed scope of use (in terms of time, space and content). Any use beyond the agreed scope of use (in terms of time, space and content) is not permitted and entitles the graphic designer to demand a contractual penalty of 100 percent of the agreed remuneration for this extended use in addition to the remuneration already payable.

3 Remuneration

3.1 Drafts and final artwork, together with the granting of rights of use, form a single service. The amount of the remuneration and all prices quoted are exclusive of statutory VAT.

3.2 If the designs are used again or to a greater extent than originally intended, the client shall be obliged to pay remuneration for the additional use.

3.3 If no rights of use are granted and only drafts and/or final artwork are supplied, the remuneration for use shall not apply.

3.4 The production of drafts and all other activities performed by the graphic designer for the client shall be subject to a charge, unless expressly agreed otherwise.

4 Due date for payment, acceptance, default

4.1 Acceptance may not be refused for creative-artistic reasons. There is freedom of design within the scope of the order.

4.2 In the event of late payment, the graphic designer may demand interest on arrears at a rate of eight percent above the respective prime rate of the European Central Bank per annum. The assertion of proven higher damages remains reserved.

5 Ownership of drafts and data

5.1 Only rights of use are granted to drafts and final artwork, but ownership is not transferred.

5.2 The originals shall be returned to the graphic designer undamaged after a reasonable period of time, unless otherwise agreed in writing. In the event of damage or loss, the client shall reimburse the costs necessary to restore the originals. The right to claim further damages remains unaffected.

5.3 The data and files created in fulfillment of the contract shall also remain the property of the graphic designer. The graphic designer shall not be obliged to transfer data and files to the client.

5.4 If the graphic designer has provided the client with data and files, these may only be changed with the prior consent of the graphic designer.

5.5 The dispatch of all items mentioned in clauses 5.1 to 5.4 shall be at the risk and for the account of the client.

6 Correction, production monitoring, specimen copies and self-promotion

6.1 Correction samples must be submitted to the graphic designer before reproduction is carried out.

6.2 Production supervision by the graphic designer shall only take place on the basis of a special agreement. If the graphic designer assumes responsibility for production supervision, he shall be entitled to make the necessary decisions at his own discretion and to issue corresponding instructions.

6.3 The client shall provide the graphic designer with at least one specimen copy of all reproduced work free of charge. The graphic designer shall be entitled to use these samples and all work produced in fulfillment of the contract for the purpose of self-promotion in all media and to draw attention to his work for the client.

7 Liability

7.1 The Graphic Designer shall only be liable for damages incurred, e.g. to templates, films, displays, layouts etc. provided to him, in the event of intent and gross negligence, except for damages resulting from injury to life, limb or health; the Graphic Designer shall also be liable for such damages in the event of slight negligence. Otherwise, the Graphic Designer shall only be liable for slight negligence if an obligation is breached, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation).

7.2 The graphic designer shall not assume any liability towards the client for orders placed with third parties on behalf of and for the account of the client. In such cases, the graphic designer shall merely act as an intermediary.

7.3 With the approval of drafts or final artwork by the Client, the Client shall assume responsibility for the technical and functional accuracy of the product, text and image.

7.4 The graphic designer shall not be liable for drafts or final artwork approved by the client in this way.

7.5 The graphic designer shall not be liable for the admissibility and registrability of his drafts and other design work under competition and trademark law.

7.6 Complaints about obvious defects must be made in writing to the graphic designer within 14 days of delivery of the work. Timely dispatch of the complaint shall suffice to meet the deadline.

7.7 Insofar as the graphic designer commissions external services at the instigation of the client and/or user in their name and for their account, the graphic designer shall not be liable for the services and work results of the commissioned service providers.

7.8 The graphic designer accepts no liability for loss of data due to force majeure or file damage. This also applies to source files of a website. In the event of data loss, the graphic designer may refuse to update an existing file or, in consultation with the client, charge for reproduction on a time and material basis.

7.9 In the case of photo shoots, the graphic designer assumes that the persons photographed have transferred their rights to the image to the client. The client undertakes to check the photos provided for their legally unobjectionable use. The client shall be liable for any recourse claims.

8 Freedom of design, execution of the order and templates

8.1 There is freedom of design within the scope of the order. Complaints regarding the artistic design are excluded. If the client wishes to make changes during or after production, he shall bear the additional costs incurred as a result.

8.2 If the execution of the order is delayed for reasons for which the client is responsible, the graphic designer may demand an appropriate increase in remuneration. In the event of intent or gross negligence, the Client may also assert claims for damages. The assertion of further damages caused by delay shall remain unaffected.

8.3 The client assures that he is authorized to use all templates provided to the graphic designer. If, contrary to this assurance, the client is not authorized to use them, the client shall indemnify the graphic designer against all third-party claims for compensation.

9 Termination of contract

9.1 Should the Client terminate the contract prematurely, the Graphic Designer shall receive the agreed remuneration, but must take into account any expenses saved or replacement orders carried out or maliciously omitted (Section 649 BGB). The parties agree on a lump sum for the services and expenses incurred up to the termination as follows: in the event of termination before the start of work, 10 percent of the agreed remuneration. Individual agreements deviating from this are possible. The client reserves the right to provide evidence of actually lower services or higher expenses.

10 Final provisions

10.1 In the event that the client does not have a general place of jurisdiction in the Federal Republic of Germany or relocates his registered office or habitual residence abroad after conclusion of the contract, the registered office of the graphic designer shall be agreed as the place of jurisdiction.

10.2 If one of the above terms and conditions is invalid, this shall not affect the validity of the remaining terms and conditions.

Status: 11/2023