General terms and conditions (GTC)
1. General terms and conditions
1.1 The following conditions apply exclusively to all contracts for graphic design services between amhut.design and the client. This shall also apply in particular if the customer uses general terms and conditions (GTC)and these contain conditions that conflict with or deviate from the conditions listed here.
1.2 The conditions listed here shall also apply if amhut.design executes the order without reservation in the knowledge of conflicting or deviating conditions of the client.
1.3 All agreements made between amhut.design and the client for the purpose of executing or deviating from the contract must be recorded in writing in this contract.
2. Copyright and rights of use
2.1 Every order placed with amhut.design is a copyright contract, which is directed towards the granting of rights of use to its services.
2.2 All drafts and final artwork are subject to copyright law. The provisions of the German Copyright Act shall also apply if the level of creation required under § 2 UrhG has not been reached.
2.3 The drafts and work drawings may not be changed neither in the original nor during reproduction without the express consent of amhut.design. Any imitation – even of parts – is prohibited. If no remuneration has been agreed, the remuneration customary under the AGD collective agreement for design services shall be deemed to have been agreed.
2.4. amhut.design transfers to the client the rights of use necessary for the respective purpose. Unless otherwise agreed, the simple right of use shall be transferred in each case. A transfer of the rights of use to third parties requires a written agreement. The rights of use are only transferred after full payment of the remuneration.
2.5. amhut.design has the right to be named as author on the copies. A violation of the right to naming entitles amhut.design to damage compensations. Without proof of a higher damage, the compensation amounts to 100% of the agreed or according to the collective agreement for design services AGD usual remuneration. The right to claim higher damages upon proof remains unaffected.
2.6 Suggestions of the client or his other cooperation have no influence on the amount of the remuneration. They do not justify a joint copyright.
3. Remuneration
3.1 Drafts and final artwork, together with the granting of rights of use, form a uniform service. The remuneration is based on the collective agreement for design services AGD, unless other agreements have been made.
3.2 If no rights of use are granted and only drafts and/or final artwork are supplied, the remuneration for the use shall lapse.
3.3 If the designs are used later or to a greater extent than originally intended, amhut.design is entitled to invoice the remuneration for the use subsequently or to demand the difference between the higher remuneration for the use and the remuneration originally paid.
3.4 The preparation of drafts and all other activities that amhut.design performs for the client are subject to a charge, unless expressly agreed otherwise.
4. Due date of the remuneration
4.1 Payment shall be due upon delivery of the work. It is payable in full. If the ordered work is accepted in parts, a corresponding partial fee is due upon acceptance of the part. If an order extends over a longer period of time or requires amhut.design to make high financial advance payments, then reasonable advance payments are permissible, namely, unless otherwise agreed, 1/3 of the total remuneration upon placement of the order, 1/3 after completion of 50% of the work, 1/3 after delivery.
4.2 amhut.design can demand default interest in the amount of the current base interest rate of the Deutsche Bundesbank incase of default of payment. The assertion of a proven higher damage remains unaffected by this.
5. Special services, incidental expenses and travel expenses
5.1 Special services such as the re-working or modification of final artwork, manuscript study or print monitoring etc. shall be charged separately according to the time required.
5.2. amhut.design is entitled to order the external services necessary for the fulfillment of the order in the name and for the account of the client. The client undertakes to grant amhut.design appropriate power of attorney.
5.3 If, in individual cases, contracts for external services are concluded in the name and for the account of amhut.design, the client undertakes to indemnify amhut.design internally against all liabilities arising from the conclusion of the contract. This includes in particular the assumption of costs.
5.4 Expenses for technical ancillary costs, in particular for special materials, production of models, photos, intermediate photographs, reproductions, photo typesetting, printing, etc. shall be reimbursed by the customer.
5.5 Travel costs and expenses for travel undertaken in connection with the order and agreed with the client shall be reimbursed by the client.
6. Retention of title
6.1 Only rights of use shall be granted to drafts and final drawings, but ownership rights shall not be transferred.
6.2 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 shall reimburse the costs necessary to restore the originals. The assertion of further damages remains unaffected.
6.3 The dispatch of the work and templates shall be at the risk and for the account of the client.
6.4 amhut.design is not obliged to hand over files or layouts, which were created in the computer, to the client. If the client wishes the surrender of computer data, this must be agreed separately and remunerated. If amhut.design has made computer files available to the client, these may only be changed with the prior consent of amhut.design.
7. Correction, production monitoring and sample documents
7.1 Correction samples shall be submitted to amhut. design prior to duplication.
7.2 The production supervision by amhut. design is only carried out by special agreement. When taking over the production supervision amhut.design is entitled to make the necessary decisions at its own discretion and to give appropriate instructions. He is liable for errors only in the case of his own fault and only for intent and gross negligence.
7.3 The client shall provide amhut.design free of charge with 10 to 20 perfect copies of all reproduced work – in the case of textiles at least one perfect copy as proof. amhut.design is entitled to use these samples for the purpose of self-promotion.
8. Liability
8.1. amhut.design undertakes to execute the order with the greatest possible care, in particular to treat with care any templates, films, displays, layouts etc. provided to it. He shall only be liable for damages incurred in the case of intent and gross negligence. A compensation exceeding the material value is excluded.
8.2. amhut.design undertakes to carefully select and instruct it’s vicarious agents. Furthermore, amhut.design is not liable for his vicarious agents.
8.3 If amhut.design commissions necessary external services, the respective contractors are not vicarious agents of amhut.design.
amhut.design is liable only for own fault and only for intent and gross negligence.
8.4 With the approval of drafts, final artwork or final artwork by the client, the client assumes responsibility for the correctness of text and image.
8.5 amhut.design does not assume any liability for the drafts, texts, final artwork and final artwork approved by the client.
8.6 amhut.design is not liable for the admissibility and registrability of the work under competition law or trademark law.
8.7 Complaints of any kind must be made in writing to amhut.design within 10 days of delivery of the work. Thereafter, the work shall be deemed to have been accepted free of defects.
9. Design freedom and templates
9.1 Within the scope of the accepted order there is freedom of design. Complaints regarding the artistic design are excluded. If the client wishes changes during or after the production, he has to bear the additional costs. amhut.design retains the claim for remuneration for work already started.
9.2 If the execution of the order is delayed for reasons for which the client is responsible, amhut.design can demand an appropriate increase in remuneration. In the event of intent or gross negligence, he may also assert claims for damages. The assertion of further damages caused by default shall remain unaffected thereby.
9.3 The client assures that he is entitled to use all templates handed over to amhut.design. Should he not be entitled to use the goods contrary to this insurance, the client shall indemnify amhut.design against all claims for compensation by third parties.
10. Final provisions
10.1 Place of performance is Nuremberg.
10.2 The invalidity of one of the above conditions shall not affect the validity of the remaining provisions.
Status: July 2019