Terms & Conditions
1. Validity of the terms and conditions
The general terms and conditions apply to all orders to the agency. Conflicting terms and conditions of the client are not part of the contract.
Any use, including partial use, of the work and services (presentations, etc.) presented or handed over by the agency with the aim of concluding the order, whether or not they are protected by copyright, requires our prior consent. This also applies to the use in changed or edited form and the use of the ideas on which our work and services are based, provided that these have not been reflected in the customer's previous advertising material. The acceptance of a presentation fee does not constitute consent to the use of our work and services.
3. Cost estimates and placing of orders
3.1 As a rule, before the start of any cost-generating work, cost estimates are to be submitted to the client in writing, which are approved by the client. Smaller orders up to € 500.00 as well as orders within the scope of ongoing work such as typesetting costs, retouching, interim recordings and the like do not require cost estimates to be obtained or prior approval.
3.2 The agency is entitled to carry out the work assigned to it itself or to commission third parties to do so.
3.3 The agency is entitled to place orders for the production of advertising material, in the creation of which it is contractually involved, in its own name or in the name of the client. The client hereby expressly grants the relevant power of attorney.
3.4 The agency issues orders to advertising media in its own name and for its own account. If volume discounts or scales are used, the client will receive a subsequent charge in the event of non-fulfillment of the discount or scale requirements, which is due immediately. We are not liable for inadequate performance of the advertising media.
4. Processing of orders
4.1 Meeting minutes and contact reports sent by the agency are binding if the client does not object immediately upon receipt.
4.2 Templates, files and other work equipment (in particular negatives, models, original illustrations, etc.) that we create or have created in order to provide the service owed under the contract remain our property. There is no obligation to surrender. We are not obliged to store them.
5. Delivery and delivery times
5.1 The agency's delivery obligations are fulfilled as soon as the work and services have been dispatched. The customer bears the risk of the transmission (e.g. damage, loss, delay), regardless of which medium is transmitted.
5.2 Delivery times are only binding if the client has properly fulfilled any obligations to cooperate (e.g. procurement of documents, approvals).
5.3 The templates and drafts made available by the agency are only binding in terms of color, image or sound design, construction or graphic design if we have confirmed their respective implementation option in writing.
5.4 Checks under competition law are only our responsibility if this has been expressly agreed.
6. Payment terms
6.1 Agreed prices are net prices to which the applicable value added tax is added. Artists' social security contributions, customs duties or other taxes, including those that arise subsequently, will be passed on to the client.
6.2 In the case of advertising, the currently valid list prices of the advertising media on the day of publication are binding.
6.3 The invoices issued by the agency to the client are due immediately upon receipt of the invoice without any deductions.
6.4 In the case of larger orders or those that extend over a longer period of time as well as in the case of the production of advertising material, the agency is entitled to prepare interim invoices or advance invoices.
6.5 We reserve title to all documents and objects provided until all invoices relating to the order have been paid in full. Rights to our services, in particular copyright rights of use, are only transferred to the client once all invoices relating to the order have been paid in full.
7. Rights of use
7.1 The agency shall transfer all rights of use necessary for the use of our work and services to the client with settlement of all invoices relating to the order to the extent that this has been agreed for the order or results from the circumstances of the order that are recognizable to us. In case of doubt, we fulfill our obligation by granting non-exclusive rights of use in the territory of the Federal Republic of Germany for the duration of the advertising medium. Any further use, in particular processing, requires our consent.
7.2 If we use third parties to fulfill the contract, we will acquire their rights of use in the scope of Section 7.1 and accordingly transfer them to the client.
8. Usage Fee
The agency provides an overall intellectual and creative service that goes beyond the purely technical work.
If the client uses the agency's work, the agency charges an additional usage fee. The calculation of the usage fee is based on the current collective wage agreement design (SDSt / AGD).
The agency will treat all business transactions of the client that it comes to its knowledge, as well as its internal matters, with the strictest of confidentiality.
10. Warranty and liability
10.1 The client must check work and services delivered by the agency immediately upon receipt, but in any case before further processing, and notify defects immediately upon discovery. If the immediate inspection or notification of defects is not carried out, the client shall not have any claims.
10.2 In the event of defects, the agency has the right to make two subsequent improvements within a reasonable period of time.
10.3 Claims for damages of any kind are excluded if the agency, legal representatives or vicarious agents of the agency have acted with slight negligence. This does not apply in the event of a breach of essential contractual obligations. In this case, liability is limited to typical and foreseeable damage. Compensation for damages exceeding the material value is excluded.
10.4 The client assures that he is entitled to use all templates handed over to the agency. If, contrary to this insurance, he is not entitled to use it, the client releases the agency from all claims for compensation.
10.5 The risk of the legal admissibility of the measures developed and implemented by the agency is borne by the customer. This applies in particular in the event that the actions and measures violate regulations of competition law, copyright law and special advertising laws. However, the agency is obliged to point out legal risks if it becomes aware of these during its work.
The client releases the agency from claims by third parties if the agency has acted at the client's express request, although it has expressed concerns about the admissibility of the measures. The agency must report such concerns to the client in writing immediately after they become known. If the agency considers a competition law review by a particularly competent person or institution to be necessary for a measure to be carried out, the costs for this shall be borne by the client after consultation with a legal representative of the agency.
11. Freedom of design
11.1 There is freedom of design within the scope of the order. Complaints regarding the artistic design are excluded.
11.2 If the client wishes changes during or after production, he has to bear the additional costs. The agency retains the right to remuneration for work that has already started.
12. Jurisdiction, Applicable Law
12.1 If the customer is a merchant, the court responsible for our registered office is agreed as the place of jurisdiction for all disputes.
12.2 German law applies.
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Soest (Germany) | Palma de Mallorca (Spain)
+49 (0) 151 25 58 88 88 • tlmail
Palma de Mallorca (Spain)
+49 (0) 151 25 58 88 88