Terms and conditions for design services according to SDSt / AGD

1. general

1.1 The following terms and conditions shall apply exclusively to all contracts for graphic design and conception services between the contractor (Medienagentur Jahreiss GmbH) and the client.
This shall also apply in particular if the Client uses General Terms and Conditions (GTC) and these
contain terms and conditions that conflict with or deviate from the terms and conditions set forth herein.
1.2 The terms and conditions set forth herein shall also apply if the Contractor (Contractor), with knowledge of conflicting or differing
conditions of the customer that deviate from these terms and conditions, the customer shall execute the order without reservation.
1.3 Deviations from the terms and conditions set forth herein shall only be valid if the Contractor expressly agrees to them in writing.
1.4 All agreements made between the Contractor and the Client for the purpose of execution of the Contract,
shall be set out in writing in this contract.

2. copyright and rights of use

2.1 Each order placed with the Contractor shall be a copyright contract based on the granting of
rights of use to the work performances.
2.2 All drafts and final artwork are subject to copyright law. The provisions of the Copyright Act apply
between the parties even if the necessary preconditions for protection are not met in the individual case.
Thus, the Contractor is entitled in particular to the copyright claims under §§ 97 et seq. UrhG (German Copyright Act).
2.3 The drafts and final artwork may not be changed, either in the original or in reproduction, without the express consent of the Contractor. Any imitation – even of parts – is not permitted. Violation of this provision entitles the Contractor to demand a contractual penalty in the amount of double the agreed remuneration. If no such remuneration has been agreed, the remuneration customary under the collective agreement for design services SDSt/AGD (latest version) shall be deemed to have been agreed.
2.4 The Contractor shall transfer to the Client the rights of use required for the respective purpose. Unless otherwise agreed, only a single right of use shall be transferred in each case. Any transfer of the rights of use by the Client to third parties requires prior written agreement between the Client and the Contractor.
2.5 The rights of use shall not pass to the Client until the Client has paid the remuneration in full.
2.6 The Contractor shall have the right to be named as the author on the reproductions and in publications about the Product. A violation of the right to name entitles the contractor to compensation. Without proof, the Contractor may demand 100% of the agreed remuneration or the remuneration customary according to the collective agreement for design services SDSt/AGD (latest version) in addition to this as compensation.
2.7 If an exclusive right of use is agreed, the Contractor reserves the right to use the product within the scope of self-promotion.
2.8 Proposals and instructions of the Client or its employees and agents shall have no influence on the amount of the remuneration.
They do not establish a joint copyright.

3. compensation

3.1 The remuneration for the drafts, final artwork and granting of the rights of use shall be based on the collective agreement for design services SDSt/AGD (latest version), unless other agreements have been made. Even the preparation of drafts is subject to a charge, unless expressly agreed otherwise. The remunerations are net amounts payable plus the statutory value-added tax.
3.2 If the designs are used to a greater extent than originally intended, the Contractor shall be entitled to subsequently demand the difference between the higher remuneration for the actual use and the remuneration originally received.

4. special benefits, fringe benefits and travel expenses

4.1 Unless otherwise agreed, special services such as the reworking or modification of final artwork, manuscript study, print monitoring, etc. shall be charged separately on the basis of time spent in accordance with the collective agreement for design services SDSt/AGD (latest version).
4.2 The Contractor shall be entitled to order the external services necessary for the performance of the order on behalf and for the account of the Customer.
The Client undertakes to grant the Contractor appropriate power of attorney.
4.3 Insofar as in individual cases contracts for third-party services are concluded in the name and for the account of the Contractor, the Client undertakes to indemnify the Contractor internally against all liabilities arising from the conclusion of the contract.
This includes in particular the assumption of costs.
4.4 Expenses for ancillary technical costs, in particular for special materials, for the production of models, photos, intermediate shots, reproductions, typesetting and printing, etc. shall be reimbursed by the Client.
4.5 Travel costs and expenses for trips to be undertaken in connection with the order and agreed with the client,
are to be reimbursed by the client.

5. due date of payment, acceptance

5.1 Unless otherwise stated in the order confirmation, payment shall be due upon delivery of the work. It is payable without deduction.
5.2 Acceptance may not be refused on creative-artistic grounds. There is freedom of design within the scope of the order.
5.3 If the ordered work is accepted in parts, a corresponding partial payment shall be due in each case upon acceptance of the part. If an order extends over a longer period of time or requires the Contractor to make high upfront financial payments, appropriate down payments shall be
1/3 of the total remuneration when the order is placed, 1/3 after completion of 50% of the work, 1/3 after delivery.
5.4 In the event of default in payment, the Contractor may demand interest on arrears in the amount of 6% above the respective base interest rate of the European Central Bank p.a.. The assertion of a proven higher damage remains unaffected by this, as does the right of the customer to prove a lower charge in individual cases.

6. retention of title

6.1 Only rights of use are granted for drafts and final artwork, but ownership rights are not transferred.
6.2 The originals must therefore be returned undamaged to the Designer as soon as the Client no longer compellingly requires them for the exercise of rights of use, 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.

7. digital data

7.1 The Contractor is not obliged to hand over files or layouts created in the computer to the Client. If the client requests the release of computer data, this shall be agreed and remunerated separately.
7.2 If the Contractor has provided the Client with computer files, these may only be changed with the Contractor’s prior consent.

8. correction, production monitoring and voucher samples

8.1 Proofs shall be submitted to the Contractor prior to execution of the duplication.
8.2 Production supervision by the Contractor shall only take place on the basis of a special agreement.When taking over production supervision, the Contractor shall be entitled to make the necessary decisions and give the corresponding instructions at its own discretion. He is liable for errors only in case of his own fault and only for intent and gross negligence.
8.3 The Client shall provide the Contractor with 10 to 20 perfect, unfolded copies of all reproduced work free of charge. The designer is entitled to use these samples for the purpose of self-promotion.

9. warranty

9.1 The Contractor undertakes to execute the order with the greatest possible care, in particular also to treat any templates, documents, samples, etc. provided to it with care.
9.2 Complaints of any kind whatsoever must be made in writing to the Contractor within 14 days after delivery of the work.
Thereafter, the work shall be deemed to have been accepted without defects.

10. liability

10.1 The Contractor shall only be liable – unless the contract provides otherwise – for intent and gross negligence, irrespective of the legal grounds. This limitation of liability shall also apply to its vicarious agents and assistants. He shall only be liable for slight negligence in the event of a breach of material contractual obligations. In this case, however, liability for indirect damages, consequential damages and lost profits is excluded.
Liability for positive breach of contract, culpa in contrahendo in tort is also limited to compensation for typical damages,
foreseeable damage.
10.2 For orders placed with third parties on behalf of and for the account of the Customer, the Contractor shall not assume any liability or warranty vis-à-vis the Customer, unless the Contractor is at fault for the selection. In such cases, the Contractor shall only act as an intermediary.
10.3 If the Contractor itself is the client of subcontractors, it hereby assigns to the Client all warranty claims, claims for damages and other claims to which it is entitled arising from defective, delayed or non-delivery. The Client undertakes to first attempt to enforce the assigned claims before making a claim against the Contractor.
10.4 The Customer shall indemnify the Contractor against all claims made by third parties against the Contractor due to conduct for which the Customer bears responsibility or liability under the Agreement. He shall bear the costs of any legal action.
10.5 With the release of drafts and final designs by the client, the client assumes responsibility for the technical and functional correctness of text, image and design.
10.6 The Contractor shall not be liable for any drafts, developments, elaborations, final designs and drawings approved by the Client.
10.7 The Contractor shall not be liable for the admissibility and registrability of the Work under competition and trademark law or for the novelty of the product.
10.8 The Contractor undertakes to store all relevant data records on a server for 12 months.
If the client wishes a longer period than 12 months, this requires a separate agreement and a remuneration corresponding to the effort.

11. design freedom and templates

11.1 There shall be freedom of design within the scope of the order. Complaints regarding the artistic design are excluded. If the client wishes to make changes during or after production, he must bear the additional costs. The Contractor shall retain the claim to remuneration for work already commenced.
11.2 If the execution of the order is delayed for reasons for which the Client is responsible, the Contractor may demand a reasonable increase in the remuneration. In the event of intent or gross negligence, he may also claim damages.
The assertion of further damage caused by default shall remain unaffected.
11.3 The Client warrants that it is entitled to use all templates provided to the Contractor. If, contrary to this assurance, he is not entitled to use the material, the Client shall indemnify the Contractor against all claims for compensation by third parties.

12. final provisions

12.1 Unless otherwise stated in the order confirmation, the place of performance shall be the Contractor’s registered office.
12.2 The invalidity of one of the above conditions shall not affect the validity of the remaining provisions.
12.3 The law of the Federal Republic of Germany shall apply.
12.4 The place of jurisdiction shall be the Contractor’s registered office, provided that the Customer is a registered trader. The Contractor shall also be entitled to bring an action at the Customer’s place of business.

Terms and conditions for design services photography and film

1. validity

The following General Terms and Conditions of Delivery and Business (hereinafter referred to as GTC) shall apply to all orders placed by the Contractor (Medienagentur Jahreiss GmbH).
They shall be deemed to be agreed upon acceptance of the delivery or service or the offer of the Contractor by the Customer, at the latest, however, upon acceptance of the photographic material for publication.
If the customer wishes to object to the GTC, this must be declared in writing within three working days.
Any deviating terms and conditions of the customer are hereby rejected. Deviating terms and conditions of the Customer shall not become valid unless the Contractor acknowledges them in writing. Within the scope of an ongoing business relationship, the GTC’s shall also apply to all future orders, offers, deliveries and services of the Contractor, even without express inclusion, unless expressly agreed otherwise.

2. commissioned productions

Insofar as the Contractor prepares cost estimates, these shall be non-binding. If cost increases occur during production, these shall only be notified by the Contractor if it becomes apparent that this will result in the original budget being exceeded.
estimated total costs by more than 15% is to be expected. If the scheduled production time is exceeded for reasons for which the Contractor is not responsible, additional remuneration shall be due on the basis of the agreed time fee or in the form of
The Contractor shall be entitled to use services provided by third parties that are necessary for the
The customer shall be entitled to commission the production of goods that have to be purchased in the name of and with the power of attorney and for the account of the customer.
Unless otherwise agreed, the recordings to be submitted to the Customer for acceptance after completion of the production shall be selected by the Contractor.If, within two weeks after delivery of the work, the Contractor has been provided with
no written notice of defects has been received, the work shall be deemed to have been accepted in accordance with the contract and free of defects.

3. provided image / film material (analog and digital)

The GTC apply to all photographic material provided to the customer, regardless of the creative stage or technical form. They shall also apply in particular to electronic or digitally transmitted image material. The Customer acknowledges that the photographic material supplied by the Contractor is a copyrighted photographic work within the meaning of Section 2 (1) of the German Copyright Act. No.5 Copyright Act.
Design proposals or concepts commissioned by the customer are independent services that are to be remunerated. The visual material provided remains the property of the contractor, even in the event that compensation is paid for it. The customer shall handle the photographic material with care and may only pass it on to third parties for internal business purposes of viewing, selection and technical processing.complaints that affect the content of the delivered consignment or content,
quality or condition of the photographic material must be reported within two weeks of receipt.
Otherwise, the photographic material shall be deemed to have been received properly, in accordance with the contract and as recorded.

4. rights of use

In principle, the customer acquires only a simple right of use for one-time use. Unless otherwise agreed, publication on the Internet or inclusion in digital databases shall be limited to the duration of the publication period of the corresponding or comparable print object. Exclusive rights of use, media-related or spatial exclusive rights or blocking periods must be agreed separately and entail a surcharge of at least 100% on the respective basic fee.Upon delivery, only the right of use is transferred for the one-time use of the photographic material for the purpose specified by the customer and in the publication and in the medium or data carrier which the customer has specified or which results from the circumstances of the order placement. In case of doubt, the purpose for which the photographic material has been made available as shown on the delivery bill or the shipping address shall be decisive.
Any use, exploitation, duplication, dissemination or publication going beyond Section 3 shall be subject to a fee and shall require the Contractor’s prior express consent.
This applies in particular to:
any secondary use or secondary publication, in particular in anthologies, brochures accompanying products, in advertising measures or in other reprints, any editing, modification or redesign of the photographic material, the digitalization, storage or duplication of the photographic material on data carriers of any kind (e.g. magnetic, optical, magneto-optical or electronic carrier media such as CD-ROM, DVD, hard disks, RAM, microfilm, etc.), insofar as this is not merely for the technical processing and management of the photographic material pursuant to Section 4. The Customer shall not be entitled to any duplication or use of the image data on digital data carriers, any recording or reproduction of the image data on the Internet or in online databases or in other electronic archives (even if these are internal electronic archives of the Customer),
the transfer of the digitalized photographic material by means of remote data transmission or on data carriers suitable for public reproduction on screens or for the production of hard copies.modifications of the photographic material by means of photo-composing, montage or by electronic means to create a new copyrighted work are only permitted with the prior written consent of the photographer and only if marked with [M]. Also, the photographic material may not be copied, photographed after the fact or otherwise used as a motif. The customer is not entitled to transfer the rights of use granted to him in whole or in part to third parties, not even to other group companies or subsidiaries. Any use, reproduction or transfer of the photographic material is only permitted on condition that the copyright notice specified by the contractor is affixed in unequivocal assignment to the respective image.
The granting of the rights of use is subject to the condition precedent of full payment of all payment claims of the Contractor arising from the respective contractual relationship.

5. liability

The contractor assumes no liability for the violation of rights of depicted persons or objects, unless a
appropriately signed release form attached. The acquisition of rights of use via photographic copyright
The customer shall be responsible for any additional costs, e.g. for depicted works of fine or applied art, as well as for obtaining publication permits from collections, museums, etc. The customer is responsible for the text and the meaning resulting from the specific publication.
From the time of proper delivery of the photographic material, the customer is responsible for its proper use.

6. fees

The agreed fee applies.
If no fee has been agreed upon, it shall be determined according to the respective current picture fee overview of the Mittelstandsgemeinschaft Foto-Marketing (MFM). The fee is subject to the applicable value-added tax.
The agreed fee shall cover the one-time use of the photographic material for the agreed purpose pursuant to sec. IV. 3 compensated.
Costs and expenses incurred as a result of the order (e.g. material and laboratory costs, model fees, costs for necessary props, travel costs, necessary expenses, etc.) are not included in the fee and shall be borne by the customer.
The fee claim is due upon delivery of the recording. If a production is delivered in parts, the corresponding
Partial fee due with respective delivery.
In the case of production orders, the Contractor shall be entitled to make partial payments in accordance with the scope of services rendered in each case.
to require.
The fee pursuant to VI. 1. of the General Terms and Conditions shall also be paid in full if the commissioned and delivered photographic material is
is not published.
When using the recordings as a working template for layout and presentation purposes
Subject to any agreement to the contrary, a fee of at least
EURO 100,00 per admission.
A set-off or the exercise of the right of retention shall only be permitted with undisputed or legally established claims.
claims of the customer are admissible.
In addition, offsetting against disputed but ready-for-decision counterclaims is permissible.

7. return of the image material and archiving

Analog photographic material must be returned in the form in which it was supplied immediately after publication or the agreed use, but no later than 3 months after
the date of delivery, without being requested to do so; two specimen copies must be enclosed. An extension of the 3-month period shall require the written
Digital data must always be deleted or the data carriers destroyed after use.
The Contractor shall not be liable for the existence and/or the possibility of a renewed delivery of the data.If the Contractor leaves on
at the request of the customer or with the customer’s consent, solely for the purpose of checking whether a use or
publication, the customer must return analogue photographic material within one month of receipt at the latest.
returned, unless another deadline is noted on the delivery bill. Digital data must be deleted or the data carriers must be
to be destroyed or returned.
An extension of this period shall only be effective if it has been confirmed in writing by the Contractor.The return of the
The photographic material shall be packed by the customer at the customer’s expense in packaging customary in the industry.
The customer bears the risk of loss or damage during transport until receipt by the photographer.
The Contractor undertakes to store the image data selected by the Customer on a server for 12 months from the date of invoicing and its settlement.
If the client wishes a longer period than 12 months, this requires a separate agreement.
and compensation commensurate with the effort involved.

8. contractual penalty, damages

In the event of any unauthorized (without the consent of the Contractor) use, utilization, reproduction or disclosure of the
material, a contractual penalty in the amount of five times the usage fee is payable for each individual case, subject to
further claims for damages.
In case of omitted, incomplete, wrongly placed or not assignable copyright notice, a surcharge in the amount of
of 100% on the agreed or customary usage fee.

9. general

The law of the Federal Republic of Germany shall be deemed to be agreed, even in the case of deliveries abroad.
Ancillary agreements to the contract or to these GTC must be in writing to be effective.

The possible invalidity or ineffectiveness of one or more provisions of these General Terms and Conditions shall not affect the effectiveness of the
other provisions. The parties undertake to replace the invalid provision by a valid provision with the same meaning.
provision that comes closest to the intended provision in economic and legal terms.
If the customer is a registered trader, the place of performance and jurisdiction shall be the contractor’s place of business.