Terms and Conditions (GTC)

 


 

  1. CONTRACT AND SCOPE
    1. Subject matter of the contract are services rendered or to be performed in accordance with the contract concluded between 4D4B DESIGN and the client.
    2. These terms and conditions apply exclusively. Deviating or contrary conditions of the client will not be acknowledged by 4D4B DESIGN, unless the validity was expressly agreed in written form. This also applies in the event that 4D4B DESIGN executes the commission without reservation in the knowledge of conflicting or deviating terms and conditions of the client.
    3. If no distinction is made in the following provisions, these GTC apply both to entrepreneurs and consumers.
  2. COPYRIGHT PROTECTION AND USE RIGHTS
    1. The order placed with 4D4B DESIGN is an Copyright contract. The object of the contract is the creation of the commissioned work in digital, printed or other form as well as the granting of rights of use for this work. The provisions of the contract of employment law and the copyright law apply.
    2. The works created by 4D4B DESIGN (drafts, sketches and final artworks) are protected as personal intellectual creations by the Copyright Act, whose regulations are also considered agreed, if the required amount of creation according to § 2 UrhG is not met.
    3. Without the consent of 4D4B DESIGN, this work, including the copyright notice, may not be changed in either the original or the reproduction. Any imitation – even of parts of the work – is inadmissible.
    4. The works of 4D4B DESIGN may only be used to a defined extent for the agreed usage and the agreed purpose. If there is no explicit agreement, the purpose of the contract is only the purpose stated by the client when placing the order. The client acquires the right to use the work within this agreed framework with the full payment.
    5. Repeated use (such as reprints, reproductions), multiple uses (e.g. in another project) or the transfer of rights of use to third parties are subject to a further payment and require the express written consent of 4D4B DESIGN.
    6. 4D4B DESIGN is entitled to a request any information about the scope of use.
    7. Rights of use for works which have not yet been paid upon termination of the contract or which have not yet been published in the case of settlement on a commission basis remain with 4D4B DESIGN, unless otherwise agreed.
  3. PAYMENT TERMS
    1. Unless otherwise agreed, the payment consists of a design fee and a usage fee if the use of the services is intended and agreed to its purpose. The usage fee is determined according to the contractually agreed scope of use.
    2. Unless otherwise agreed, the fee is calculated on the basis of the recommendations of the Association of German Graphic Designers (BDG), the Allianz Deutscher Designer (AGD) and the Gesamtverband Deutscher Werbeagenturen (GWA).
    3. Unless otherwise agreed, the design fee includes one alteration or change of the design by request of the client, in which changes or adjustments to the design are made. Author corrections that affect the content or general use fo the design are calculated as additional service based on the time spent.
    4. The abandonment of the project or a delay in use after the contract has been concluded does not release the client from his obligation to pay the agreed fee in full. Only the usage fee may be waived, if it was identified separately.
    5. An order is usually preceded by a quote or cost estimate. If a project is started without a cost quote by request of the client, then the known hourly and daily rates apply, according to which the design fee for the service provided is calculated.
    6. The fees are due upon completion or delivery of the work after invoicing and are payable within 10 days without deduction. If work is delivered in parts or if the execution of an order extends over a longer period of time, 4D4B DESIGN may demand advance payments in accordance with the work done.
  4. ADDITIONAL SERVICES, SIDE AND TRAVEL COSTS
    1. The modification of drafts, the creation and presentation of further drafts as well as other additional services beyond the scope of the offer (adaptations, output formats, project and production monitoring, etc.) will be charged separately according to time expenditure.
    2. Necessary ancillary technical costs (e.g. for models, interim reproductions, layout output) incurred in connection with the design or production shall be reimbursed by the client.
    3. The assignment of creative third-party services (e.g. photography, audio production, programming) or the assignment of third-party services in the course of the use (e.g. production, printing, shipping) is usually carried out by 4D4B DESIGN only on the basis of an agreement made with the customer in his name and on his account. Any incurred costs charged to 4D4B DESIGN will be invoiced to the customer with a 10-20% surcharge.
    4. Insofar as 4D4B DESIGN assigns third-party services in its own name at the instigation of the client, the client indemnifies 4D4B DESIGN from any resulting liabilities.
    5. The remuneration for additional services is due after their provision. Expenses incurred are to be reimbursed after completion.
    6. Travel expenses incurred in connection with the contract and agreed with the client shall be reimbursed by the client.
  5. OWNERSHIP, SHIPPING AND DATA
    1. The work of 4D4B DESIGN are granted rights of use only, no ownership rights are transferred.
    2. Delivery and return of work are at the risk and expense of the client.
    3. 4D4B DESIGN is under no obligation to release any media, files and data. If the client wishes to receive any media, files or data, this must be agreed in writing and shall be remunerated separately.
  6. CHANGES AND PRODUCTION MONITORING
    1. 4D4B DESIGN must be submitted with proof samples if necessary before production or reproduction. 4D4B DESIGN can request these at any time.
    2. The production is supervised by the 4D4B DESIGN only on the basis of a special agreement. If such an agreement exists, 4D4B DESIGN is authorized to make necessary decisions and to give instructions.
  7. LIABILITY
    1. Any liability for the competition and legal trademark admissibility of the provided services and works are not taken over by 4D4B DESIGN; the same applies to their protectability.
    2. With the approval of the work, the client assumes responsibility for the correctness of the contents (e.g. image and text).
    3. Insofar as 4D4B DESIGN commissions third-party services on behalf of the client in its name and on its behalf, 4D4B DESIGN shall not be liable for services and work results of the commissioned service providers.
    4. The release of production and publication is the responsibility of the client.
    5. In exceptional cases, if the client delegates the release to 4D4B DESIGN in its entirety or in parts, 4D4B DESIGN shall be released from any liability.
    6. In the case of gross negligence or intent, liability of 4D4B DESIGN is not excluded.
    7. 4D4B DESIGN assumes no liability for loss of data due to force majeure or file damage. This applies to any source files in digital form or other formats. 4D4B DESIGN may refuse to update an existing file in the event of data loss or may charge the reproduction in consultation with the client at cost.
  8. SPECIMEN COPIES
    1. Of produced or published works, 4D4B DESIGN shall be provided with at least ten unfilled voucher copies free of charge, which may also be used for self-promotion.
    2. If the use is purely digital, the documentation (e.g. by photography, film) shall be made possible to 4D4B DESIGN or any documented material within the scope of its use available to the client should be made accessible to 4D4B DESIGN, which may also be used for self-promotion.
  9. FREEDOM OF DESIGN, IMPLEMENTATION OF THE ORDER AND TEMPLATES
    1. Within the scope of contract 4D4B DESIGN has freedom of design. Complaints regarding the artistic design are excluded. If the client wishes to make changes during or after production, he has to bear the extra costs this entails.
    2. If the execution of the order is delayed for reasons for which the client is responsible, 4D4B DESIGN may demand a reasonable increase in the remuneration or claim for damages.
    3. If 4D4B DESIGN are handed over templates (e.g. images, texts) within the scope of the project, the client confirms that he is entitled to use all submitted templates. Should he not be entitled to use contrary to this insurance, the customer shall indemnify 4D4B DESIGN from all compensation claims of third parties.
  10. PLACE OF FULFILMENT
    1. Place of performance for both parties is the registered office of 4D4B DESIGN in Wiesbaden.
  11. FINAL PROVISIONS
    1. The invalidity of one or more of the above provisions shall not affect the validity of the remaining provisions.
    2. The law of the Federal Republic of Germany applies.