General Terms and Conditions

icon Kommunikation für Kultur und Wirtschaft GmbH, hereinafter referred to as Communication Design Agency.

1. Copyright and Usage Rights

1.1 The assignment given to a Communication Design Agency is a copyright contract (commissioned work). The object of the contract is the creation of the commissioned work and the granting of usage rights to this work. The provisions of the contract law and the copyright law apply. The free provision of designs is excluded; exceptions require an explicit agreement.

1.2 The work (designs and technical drawings) of the Communication Design Agency is protected as personal intellectual creations by the copyright law, the regulations of which also apply if the creative level required according to § 2 UrhG is not reached.

1.3 Customer's requests for amendments have no effect on authorship.

1.4 Without the consent of the Communication Design Agency, its work, including the author's designation, may not be altered in the original or in reproduction. Any imitation, including of parts of the work, is prohibited.

1.5 The works of the communication design agency may only be used for the agreed type of use and the agreed purpose to the agreed extent. In the absence of an explicit agreement, the purpose of the contract is only the purpose recognizable to the client at the time of placing the order. The right to use the work within the agreed scope is acquired by the client/user with the payment of the standard fee.

1.6 Reuses (e.g. reprints) or multiple uses (e.g. for another product) are subject to a fee; they require the consent of the communication design agency.

1.7 The scope of use gives the communication design agency a right to information.

2. Fee

2.1 Design and technical drawing as well as the granting of usage rights form a single service.

2.2 If the client does not exercise their usage options and no usage rights are granted, the Communication Design Agency charges a reduced fee.

2.3 The calculation of the fees is based, unless expressly agreed otherwise, on the fee recommendations of the BDG Professional Association of Communication Designers.

2.4 Unpaid work, in particular the free production of designs, is not customary in the profession.

2.5 Proposals and instructions from the client for technical, design and other reasons and their other cooperation have no influence on the fee, nor do they establish co-authorship, unless this has been expressly agreed.

2.6 The fees are due upon delivery of the work: they are payable without deduction. If work is delivered in parts, the corresponding partial fee is due upon delivery of each part. If the execution of an order extends over a longer period, the Communication Design Agency may request progress payments according to the work performed.

2.7 Fees are net amounts payable plus value-added tax.

3. Additional Services, Incidental and Travel Costs

3.1 The creation and presentation of additional designs, the modification of technical drawings, as well as other additional services (manuscript study, production monitoring, etc.) are billed separately based on the time involved.

3.2 Technical incidental costs arising in connection with design work or design execution work (e.g. models, intermediate productions, scanning costs, copies) must be reimbursed.

3.3 For trips required for the execution of the order/use, following coordination with the client/user, the resulting costs and expenses will be charged.

3.4 The Communication Design Agency only awards third-party services in the course of the execution of use (e.g. lithography, printing execution, shipping) based on an agreement made with the client/user in their name and at their expense.

3.5 To the extent that the Communication Design Agency awards third-party services in its own name at the request of the client/user, the client/user releases the Communication Design Agency from resulting obligations.

3.6 Remuneration for additional services is due immediately upon provision.

4. Liability

4.1 The Communication Design Agency does not assume any liability for the compliance with competition and trademark law of its work; the same applies to its protectability.

4.2 With the approval of the work, the client/user assumes responsibility for the correctness of images and text.

4.3 To the extent that the Communication Design Agency arranges third-party services in the name and at the expense of the client/user at the request of the client/user, it is not liable for the provision of services.

4.4 The approval of production and publication is the responsibility of the client/user. In exceptional cases, if the client/user delegates the approval in its entirety or in part to the Communication Design Agency, it releases the Communication Design Agency from liability.

4.5 The contractor is only liable for intent and gross negligence.

5. Proof Copies, References

5.1 The Communication Design Agency must be provided with at least five proof copies of duplicated works free of charge, which it may also use for its self-promotion.

5.2 The Communication Design Agency has the right to use the published works as references within the scope of self-promotion.

6. Design Freedom

6.1 The Communication Design Agency has design freedom within the scope of the order.

6.2 The templates provided to the communication design agency (e.g. texts, photos, samples) are used on the condition that the client/user is authorized to use them.

7. Place of Performance

The place of performance for both parties is the registered office of the Communication Design Agency.

8. Invalidity of Individual Provisions

The invalidity of one or more of the above provisions does not affect the validity of the remaining provisions. The invalid provision is to be replaced by a valid provision that comes as close as possible to achieving the economic purpose pursued with it.