1.
Our terms and conditions apply exclusively to orders placed with us. They also apply to all future business relationships, even if they are not agreed again in writing. These terms and conditions are deemed to have been accepted at the latest upon receipt of our service. Any differing terms and conditions of the client do not bind us, even if we do not expressly object to them. Deviations from these terms and conditions are only effective if they are agreed in writing. The client expressly declares that he is in possession of the copying and reproduction rights for the material handed over to us. The client is liable for consequences arising from a violation of statutory provisions, in particular copyright.
2.
We undertake to protect all business secrets that come to our attention in the course of our cooperation with the customer and to treat all related information and documents confidentially. We also endeavour to provide absolutely objective advice and to represent the interests of the customer in every way - especially when selecting and commissioning third parties.
3.
The details of the order placed with us are set out in the cost estimate or in our written order confirmation. The client can only refer to changes if they are confirmed in writing. Subsequent changes at the client's request will be invoiced separately. An order placed in writing or verbally is deemed to have been accepted by us if we do not reject it in writing within 8 days of the order being placed.
4.
If our fee or demand is not regulated by a written order or offer, this will be done according to our valid calculation bases and price lists (or standard industry fee demands). We are entitled to demand advance payments for the expected costs.
5.
The prices are always net prices plus the applicable statutory VAT. Payments are due within 30 days of the invoice date without deductions. For new business relationships, advance payment or cash on delivery may be required. The delivered goods, including packaging, remain our property until full payment has been made.
6.
We place orders with advertising media (media orders) in our own name and for our own account at the most favorable tariff conditions for the advertiser.
7.
We undertake to inform our clients about possible competition conflicts and, upon request, grant exclusion of competition for products and services to be specified in detail. This exclusion of competition corresponds to the client's obligation not to commission any other advertising agency to advise, plan, design and carry out the advertising or this service at the same time as the agency contract has not been terminated.
8.
The development of conceptual and design proposals by us before the final order is placed or for the purpose of generating ideas is subject to payment of an appropriate or agreed fee for the effort made. This fee is due for payment upon presentation or handover of the draft. The client must inform themselves about the style, nature and possibilities of our work and services before placing the order. The conceptual and design work we produce falls within this overall concept.
9.
If the client is not satisfied, he has the right to terminate the contract; however, he remains obliged to pay the fee less the expenses saved by the non-execution. If a service provided by us and approved by the client is not carried out for reasons for which we are not responsible, our claim remains unaffected.
10.
The client is not entitled to use the proposals or work submitted by us at the offer stage. This also applies to use in a modified form or by third parties.
11.
We are entitled to label the advertising materials we develop with our name or to refer to the customer support in our own advertising. This can only be refused if the customer has an overriding interest in this.
12.
The client must check and approve the work we submit (drafts, layouts, texts, final artwork, photographs, photo work, print data, etc.). Any deviations from the order are deemed to be approved upon approval. By approving the work, the client also assumes liability for the legal admissibility and correct content of the work.
13.
Deadlines and dates for the order placed with us are only binding if they have been confirmed by us in writing. Operational disruptions, including those of our suppliers or subcontractors, as a result of industrial disputes or force majeure release us from liability for deadlines and dates.
14.
We guarantee that the order placed with us will be carried out as per the order for up to 6 months after delivery/completion. We expressly do not guarantee the advertising success or the legality under trademark or competition law of the advertising materials designed or produced by us or the advertising measures proposed and/or carried out by us. The legal review of the harmlessness of advertising measures, advertising materials or photographs is the responsibility of the client.
15.
The client must check the contractual conformity of the delivered service immediately after receipt. Complaints must be reported to us in writing immediately after receipt. Complaints do not affect the agreed payment terms. Material-related or manufacturing-related deviations from originals or templates do not entitle the client to make complaints. In the case of justified complaints, we have the right to make improvements. If the improvement fails or is not carried out within a reasonable time, the client is free to withdraw from the order or to demand a change or a reduction. However, the client is only entitled to claims for damages if we are at fault, whereby liability for simple negligence is excluded. We are only liable for damages, regardless of the legal basis, in the event of intent or gross negligence. Our liability is in any case limited to the amount of the fee for the order in question or a partial service. Liability for subsequent and indirect damages as well as for lost profits is always excluded.
16.
All objects and documents entrusted to us are treated with the utmost care. Should a loss, damage or incorrect processing nevertheless occur and be attributable to our fault, we are only liable for the value of the material or for damages that are covered by our business liability insurance. If the objects entrusted to us are of considerable value, it is the client's responsibility to check whether appropriate insurance should be taken out.
17.
We do not accept any warranty or liability for the execution of orders that are placed with third parties in the name of the client. For orders that we place with third parties in our own name but on behalf of the client, we assign all warranty claims to the client. We do not accept any warranty or liability of our own.
18.
Every design order given to us, even if it is part of a concept, is a copyright contract aimed at granting rights of use to the work. Copyright and ownership rights to the work presented or carried out by us remain with us even if a fee is paid. The rights of use are transferred to the client when we are commissioned to develop the proposed measures. The prices we quote for the development or production include the fee for the defined use. Upon full payment of the agreed or stated amount, the simple right of use is transferred to the client. The work presented or carried out by us may only be used for the agreed type of use and the agreed purpose, to the agreed extent and in the defined distribution area. If a distribution area is not expressly agreed, the defined distribution area is the Federal Republic of Germany. Any other or further use by the client or a third party commissioned by them is only permitted with our consent or after agreement of an additional usage fee.
19.
The operating items we use to fulfil the order, in particular IT tools such as computer files, remain our property and will not be delivered, even if they are invoiced separately. All designs, recordings and photographs are protected by copyright. These are production aids and our property. The customer is only entitled to the ordered end product, not to originals, scans, films or data. In exceptional cases, however, a film, slide or data can be provided for a fee.
20.
Deliveries are carriage forward from Kupferzell. Shipping and packaging are at the customer's expense and risk. Transport insurance is only provided upon express request and at the customer's expense.
21.
All orders, their execution and the resulting claims are subject exclusively to German law. Unless otherwise agreed, German law also applies to contractual relationships with foreign clients. The place of performance for all claims arising from the contractual relationship is Kupferzell. The place of jurisdiction for all possible disputes is Öhringen.
22.
Should any of the provisions in these terms and conditions or any provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
