Terms and Conditions

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1. General

1.1 The following general terms and conditions apply to all contracts for graphic services between Lea Böttcher LAB Buchdesign (hereinafter referred to as designer) and the client. This also applies if the client uses general terms and conditions and these contain conditions that contradict or deviate from the general terms and conditions listed here. The terms and conditions are agreed if the customer does not object to them immediately after receipt.

 

1.2 The general terms and conditions listed here also apply if the designer 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 with the express written consent of the designer.

 

2. Subject of the contract
The subject matter of the contract depends on the individual agreements between the parties. The designer 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 the designer provides for the client are subject to a charge unless otherwise expressly agreed. If the client requests special and/or additional services from the designer during or after the designer has provided the service, 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, the designer 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 Drafts, final artwork and the granting of the right of use form a uniform service. The designer charges an appropriate fee for this.

 

3.3 Additional usage must be paid for additionally.

 

3.4 The preparation of drafts and all other activities that the designer performs for the client are subject to a fee, unless expressly agreed otherwise.

 

3.5 Suggestions from the client or his employees or his or their other cooperation have no influence on the amount of remuneration.

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.

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.

 

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) is always subject to a separate usage fee
reward. It is not permitted for legally protected services and, in addition to demanding a supplementary usage fee, entitles the designer to assert claims for injunctive relief and damages. 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 provided by the designer are entrusted to the client within the meaning of Section 18 Para. 1 UWG. Unauthorized use or communication to third parties outside the contractual agreement of the parties is not permitted.

5.2 Unless otherwise agreed, the designer grants the client the simple right of use.

5.3 Any transfer or partial transfer of usage rights and any granting of sublicenses requires the prior written consent of the designer.

5.4 The rights of use are transferred to the client 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 the designer. The designer has the right to prohibit any distortion or other impairment of her protected designs and final artwork that is likely to endanger his legitimate intellectual or personal interests in the aforementioned work.
 

6. Obligation to provide names
The designer can be named as follows in the imprint:
LAB book design, www.lab-buchdesign.com
 

7. Special services
7.1 Special services such as the revision or modification of acceptable drafts, final artwork, concepts or additional proofreading runs will be charged separately.

7.2 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.

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 data and files resulting from the fulfillment of the contract remain the property of the designer. The latter is not obliged to release data and files to the client. If the client wishes to have them released, this must be agreed upon and paid for separately.

8.3 If the designer has provided the client with data and files, in particular so-called "open" files, these may only be changed with the designer's prior consent, unless the purpose of the contract dictates otherwise.

 

9. Correction, production monitoring, specimen copies and self-promotion
9.1 Before making a reproduction, correction samples must be submitted to the designer.

9.2 Production supervision by the designer only takes place based on a special agreement.

9.3 The client will provide the designer with a perfect copy of all reproduced works free of charge, unless otherwise agreed or the purpose of the contract dictates otherwise.

9.4 The 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 to act for the client
unless the designer has been informed in writing of any conflicting confidentiality interests of the client. The designer must obtain any third-party rights for her own advertising purposes.

 

10. Liability
10.1 The designer 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; The designer is liable for such damage even in the event of negligence. Furthermore, it 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 The designer assumes no liability towards the client for orders placed in the name and on behalf of the client to third parties, unless the designer is at fault when selecting the third party. In these cases, the designer only acts as an intermediary.

10.3 The client assures that he is entitled to use all templates handed over to the designer. If he is not entitled to use it contrary to this insurance, the client releases the designer 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. The designer is not liable for any visible defects in drafts or final drawings approved by the client.

10.5 Complaints about obvious defects must be made in writing to the designer 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.

10.6 The designer is not liable for the legal admissibility of her designs and other work, except in cases of intent or gross negligence, but assures that she will only use licensed image material. It will inform the client of any legal concerns that it is aware of. The designer has no further liability for the work to be reproduced and released by the client.

7.7 The designer assumes no liability in the event of data loss through no fault of the designer or file damage. It can reject updates to an existing file in the event of data loss or bill the reproduction according to effort in consultation with the customer.

 

11. Termination of the contract
If the client terminates the contract prematurely, the designer will receive the agreed remuneration, but must be credited for any expenses saved or replacement orders carried out or maliciously omitted (§ 649 BGB).
The parties agree on a flat rate for the services and expenses provided up to the termination as follows:
– if termination occurs before work begins, 20 percent of the agreed remuneration.
– in the event of termination after the start of work, 100 percent of the agreed remuneration.
The customer reserves the right to prove that services were actually lower or expenses were higher.

12. Final provisions
12.1 Place of performance and place of jurisdiction is the registered office of the designer 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.