1. GENERAL
1.1 The following "AVG" applies exclusively to all contracts for communication design services between “Patrick Heinen - Visual & Interaction Design” and the client. They also apply if the client uses general terms and conditions and these contain conditions that contradict or deviate from the AVG listed here.
1.2 The AVG also apply if “Patrick Heinen - Visual & Interaction Design” carries out the order without reservation despite being aware of the client’s conditions that contradict or deviate from the conditions listed here.
1.3 Deviations from the conditions listed here are only valid if “Patrick Heinen - Visual & Interaction Design” expressly agrees to them in writing.
2. SUBJECT OF THE CONTRACT
The subject matter of the contract depends on the individual agreements between the parties. “Patrick Heinen - Visual & Interaction Design” does not owe any services that have not been expressly agreed individually. What is owed is that the designs are handed over in a way that enables the production of the products resulting from the purpose of the contract/order; The transfer of so-called “open” files is generally not required.
3. COMPENSATION
3.1 All services that “Patrick Heinen - Visual & Interaction Design” provides for the client are subject to a charge unless otherwise expressly agreed. If the client requests special and/or additional services during or after the provision of services by “Patrick Heinen - Visual & Interaction Design”, this will result in an additional obligation to pay. If the execution of the order is delayed for reasons for which the client is responsible, “Patrick Heinen - Visual & Interaction Design” can demand an appropriate increase in remuneration. In the event of intent or gross negligence, he can also assert claims for damages. The assertion of further damages caused by default remains unaffected.
3.2 Unless otherwise agreed, the remuneration consists of a design fee and - if use of the services is contractually provided for - a usage fee. The usage fee is determined according to the contractually agreed scope of use. Additional usage must be paid for additionally. Unless otherwise agreed, the remuneration for the design and usage fee is calculated according to the current AGD design remuneration tariff, as concluded between the Alliance of German Designers (AGD) and the Association of Independent Design Studios (SDSt). The AGD remuneration tariff design can be requested from the contractor at any time.
3.3 Suggestions from the client or his employees or his or their other cooperation have no influence on the amount of remuneration.
3.4 The remunerations are net amounts that are to be paid plus statutory VAT.
4. DUE DATE OF REMUNERATION, ACCEPTANCE, DEFAULT
4.1 The remuneration is due upon delivery of the work, provided it has been performed in accordance with the contract. If the ordered work is accepted in parts, a corresponding partial payment is due for such partial acceptance. If an order extends over a period of more than two months or requires advance financial contributions from “Patrick Heinen - Visual & Interaction Design” that exceed 25% of the agreed fee, appropriate advance payments must be made, namely ¼ of the total remuneration when the order is placed , ¼ after completion of 50% of the work, ½ after delivery.
4.2 Acceptance may not be refused for design and artistic reasons. There is freedom of design within the scope of the order. Claims for defects regarding the artistic design are excluded.
4.3 In the event of late payment, “Patrick Heinen - Visual & Interaction Design” may charge default interest of 9 percentage points above the respective base interest rate of the European Central Bank p.a. for legal transactions in which a consumer is not involved Demand an amount of 5 percentage points above the respective base interest rate of the European Central Bank p.a. We reserve the right to claim proven higher damages.
5. RIGHTS OF USE
5.1 The drafts and final drawings 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) must always be paid for separately through a usage fee. It is not permitted for legally protected services and entitles “Patrick Heinen - Visual & Interaction Design” to assert claims for injunctive relief and damages in addition to demanding a supplementary usage fee. Any imitation, even partial, of a legally protected design or a legally protected final drawing is not permitted. All drafts, final drawings, concepts and other services from “Patrick Heinen - Visual & Interaction Design” are entrusted to the client within the meaning of Section 18 Paragraph 1 UWG. Unauthorized use or communication to third parties outside the contractual agreement of the parties is not permitted.
5.2 “Patrick Heinen - Visual & Interaction Design” grants the client the rights of use necessary for the respective contractual purpose. Unless otherwise agreed, in case of doubt only the simple right of use is granted.
5.3 Any transfer or partial transfer of usage rights and any granting of sublicenses requires the prior written consent of “Patrick Heinen - Visual & Interaction Design”.
5.4 The rights of use are transferred to the client gradually upon full payment of the remuneration.
5.5 Protected designs and final artwork may not be changed either in the original or during reproduction without the express consent of “Patrick Heinen - Visual & Interaction Design”. “Patrick Heinen - Visual & Interaction Design” has the right to prohibit any distortion or other impairment of his protected designs and final artwork that is likely to endanger his legitimate intellectual or personal interests in the aforementioned work.
6. NAME REQUIREMENT
“Patrick Heinen - Visual & Interaction Design” must be mentioned by name on or in the immediate vicinity of the copies and/or in direct connection with the public reproduction of the services of “Patrick Heinen - Visual & Interaction Design”, unless mentioning this is completely unusual in the industry is.
7. SPECIAL SERVICES, ADDITIONAL EXPENSES AND TRAVEL COSTS
7.1 Special services such as the revision or modification of acceptable drafts, final artwork, concepts, manuscript study, printing supervision or additional proofreading runs will be charged separately based on the time required in accordance with the AGD remuneration tariff for design in the current version.
7.2 “Patrick Heinen - Visual & Interaction Design” is entitled, after prior coordination with the client, to order the third-party services necessary to fulfill the order in the name and for the account of the client. The client undertakes to grant “Patrick Heinen - Visual & Interaction Design” the appropriate power of attorney.
7.3 If, in individual cases, contracts for necessary third-party services are concluded in the name and for the account of “Patrick Heinen - Visual & Interaction Design” after prior agreement, the client undertakes to release “Patrick Heinen - Visual & Interaction Design” internally from all claims for remuneration that result from the conclusion of the contract. In deviation from Section 4.1, “Patrick Heinen - Visual & Interaction Design” is entitled to invoice these costs as soon as they are invoiced by the third party.
7.4 Expenses for necessary technical additional costs, in particular for special materials, for the production of models, photos, intermediate shots, reproductions, typesetting and printing, etc. must be reimbursed by the client after prior agreement.
7.5 Travel costs and expenses for trips undertaken in connection with the order and agreed with the client must be reimbursed by the client.
8. OWNERSHIP OF DESIGNS AND DATA
8.1 Only rights of use are granted to drafts and final drawings, but ownership is not transferred unless something else has been agreed or the purpose of the contract results in something different.
8.2 The originals must be returned undamaged to “Patrick Heinen - Visual & Interaction Design” after a reasonable period of time, unless otherwise agreed or the purpose of the contract dictates otherwise. In the event of damage or loss, the client must reimburse the costs necessary to restore the originals. The assertion of further damages remains unaffected.
8.3 The data and files resulting from the fulfillment of the contract remain the property of “Patrick Heinen - Visual & Interaction Design”. The latter is not obliged to hand over data and files to the client. If the client wishes to have them released, this must be agreed upon and paid for separately.
8.4 If “Patrick Heinen - Visual & Interaction Design” has provided the client with data and files, in particular so-called “open” files, these may only be changed with the prior consent of “Patrick Heinen - Visual & Interaction Design”, unless: Something different arises from the purpose of the contract.
8.5 All items mentioned in Sections 8.1 to 8.4 are dispatched for the account of the client and, if the client is not a consumer, at the risk of the client.
9. CORRECTION, PRODUCTION MONITORING, SPECIFIC COPIES AND SELF-PROMOTION
9.1 Before any reproduction is carried out, correction samples must be submitted to “Patrick Heinen - Visual & Interaction Design”.
9.2 Production monitoring by “Patrick Heinen - Visual & Interaction Design” only takes place based on a special agreement.
9.3 The client provides “Patrick Heinen - Visual & Interaction Design” with up to ten perfect specimen copies of all reproduced works free of charge, unless otherwise agreed or the purpose of the contract dictates otherwise.
9.4 The communication designer is entitled to use these samples and all work created in fulfillment of the contract for the purpose of self-promotion in all media, naming the client by name and otherwise pointing out that he is working for the client, provided that “Patrick Heinen - Visual & Interaction Design “was not informed in writing of any conflicting interest in confidentiality on the part of the client. “Patrick Heinen - Visual & Interaction Design” must obtain any third-party rights itself for its advertising purposes.
10. LIABILITY
10.1 “Patrick Heinen - Visual & Interaction Design” is liable for damage caused, e.g. to templates, films, displays, layouts, etc., provided to him only in the event of intent and gross negligence, unless for damage resulting from injury to life, body or health ; “Patrick Heinen - Visual & Interaction Design” is liable for such damage, even in the event of negligence. Furthermore, he is only liable for minor negligence if an obligation is breached, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation).
10.2 “Patrick Heinen - Visual & Interaction Design” assumes no liability towards the client for orders placed in the name and on behalf of the client to third parties, unless “Patrick Heinen - Visual & Interaction Design” is at the same time Selection of the third party is at fault. In these cases, “Patrick Heinen - Visual & Interaction Design” only acts as an intermediary.
10.3 The client assures that he is entitled to use all templates provided to “Patrick Heinen - Visual & Interaction Design”. If he is not entitled to use it contrary to this insurance, the client releases “Patrick Heinen - Visual & Interaction Design” from all third-party claims for compensation.
10.4 The client must check drafts or final artwork for any defects (accuracy of images, text, numbers, etc.) and approve them if necessary. “Patrick Heinen - Visual & Interaction Design” is not liable for any visible defects in drafts or final drawings approved by the client. This does not apply if the client is a consumer.
10.5 Complaints about obvious defects must be made in writing to “Patrick Heinen - Visual & Interaction Design” within 14 days of delivery of the work. In order to meet the deadline, it is sufficient to send the notification of defects in a timely manner. This does not apply if the client is a consumer.
10.6 The client is obliged to have the legal admissibility of the drafts and other work independently and conscientiously checked before using the drafts and other work in commercial transactions. Except in cases of intent or gross negligence, the designer is not liable for the legal admissibility of his designs and other work. He will inform the client of any legal concerns if he is aware of them. “Patrick Heinen - Visual & Interaction Design” has no further liability for the work to be reproduced and released by the client.
11. TERMINATION OF THE CONTRACT
If the client terminates the contract prematurely, “Patrick Heinen - Visual & Interaction Design” will receive the agreed remuneration, but must be credited for any expenses saved or replacement orders carried out or maliciously omitted (§ 649 BGB).
12. FINAL PROVISIONS
12.1 Place of performance and place of jurisdiction is the registered office of “Patrick Heinen - Visual & Interaction Design” if the contracting parties are merchants, legal entities under public law or special funds under public law, or at least one party does not have a general place of jurisdiction in Germany.
12.2 The law of the Federal Republic of Germany applies.
This translation is provided for informational purposes only. If there are any discrepancies or contradictions between this translation and the original German version, the German version will prevail.