General terms and conditions of business
You can request a German version (AGB) of the general terms and conditions of business on demand.
1. Applicability
These Terms and Conditions govern all agreements between me and the customer and have exclusive applicability. Individual agreements, contractual provisions and terms and conditions of business which diverge must be made in writing. These general terms and conditions of business apply to all business transactions including such business as is concluded orally, particularly by telephone even if no explicit reference is made to them in the subsequent business transactions.
2. Copyright and right of use
The services to be performed by the designer are protected by copyright. The provisions of the law relating to contracts for work and services and the provisions of the German Copyright Act (Urheberrechtsgesetz) apply. The simple payment of a fee for work does not entitle the party making the payment to use of the work. Entitlement to use of the work requires a separate agreement on the grant of rights of use and reasonable remuneration for such use.
3. Orders
All services provided to the customer, also including services that do not neccesarily lead to an executed result do need to be requested by the customer and quoted by me. I don’t charge at fixed hourly or daily rates. The pricing depends on the project’s requirements, necessary team size, potential risks and deadline.
4. Payment
- Conceptual or preparatory work
- Execution
- Grant of usage rights within the agreed context of use
Unless otherwise agreed, the fees promised and/or paid by the customer will be allocated as follows:
- 30% for conceptual or preparatory work
- 30% for execution
- 40% for the usage rights granted, if any.
This means that if you commission a design or illustration, 30% of the fee will cover the conceptual or preparatory work, 30% will cover the execution of the design, and 40% will cover the usage rights within the agreed context of use, if any such rights are granted.
The entitlement to the fee for any rights of use arises irrespective of whether and, if so, to what extent such rights of use are used by the customer. If no rights of use are agreed, the illustrator will receive no fee for use of the work but will receive fees for work performed up to that point. Proposals or any other contributions by the customer have no effect on the amount of the fees. If no rights of use are agreed, the allocation is amended as follows:
- 50% for conceptual or preparatory work
- 50% for execution
All fees are net amounts and, if I am subject to VAT, VAT will be added to each fee at the rate applicable at the time. Premiums due to the Artists’ Social Security Fund are to be paid by the customer in addition and are not contained in the fees.
I am authorized to engage appropriate third parties to execute the contract. If I do so, I will obtain any necessary usage rights and other related rights from the third parties and will transfer those rights to the customer within the specified context, as required.
5. Payment terms
If I am to perform a contract that lasts more than four weeks or requires me to receive advanced payments exceeding 50% of the fees due, then I will require the following installment payments:
- One-third of the total fee upon placing the order.
- One-third upon completion of 50% of the work.
- One-third upon delivery.
If the agreement is ended early, I am entitled to receive at least the installment payments that have already become due to me on the termination date, following the aforementioned provisions. Furthermore, § 649 of the German Civil Code (Bürgerliches Gesetzbuch) applies in all other aspects.
In the event that the customer fails to pay, wholly or partially, within 14 days of delivery, they are in default without the need for a demand note. If the customer does not use my works as agreed, they are not entitled to a fee reduction or refund. Moreover, the customer can only offset their counter-claims if they have been conclusively determined, undisputed, or accepted by me.
6. Rights of use, ownership. advertising
Only rights of use are granted to the customer for my work or services, as agreed upon. I retain the title, particularly to drafts, sketches, layouts, and final art that I create or have created. All physical or digital multimedia work delivered to the customer in connection with an order remain my property. The customer has a right of possession to such works only for as long as necessary for the agreed use of my work. In all cases, the right of possession will terminate at the latest when the contract between us terminates.
After the right of possession has terminated, the works must be returned to me in an undamaged condition unless otherwise agreed in writing. The works will be returned at the cost and risk of the customer. If any damage or loss occurs, the customer is liable for damages in the amount of 100% of the agreed fees, and acquires no ownership rights as a result of the payment of such damages.
The customer may consult with the drafts I provide, but no further rights of use to such drafts are granted to the customer. Unless otherwise expressly agreed, any additional contractual rights of use apply exclusively to the approved drawings, designs, etc. My work and services may only be used to the extent agreed for the order or which arise from the purpose of the order.
Unless agreed otherwise in writing, the customer will receive only simple rights of use or other rights, and only for the agreed term, purpose, and territory of the use. Any other use or use beyond the agreed terms is only permissible on the basis of a particular written grant of a right of use and payment of an additional fee in proportion to the additional use to the original use.
The transfer to third parties of rights of use already granted is subject to my consent, and I have the right to disclosure of the extent of the use. Any proposals or contributions by the customer do not result in shared copyright of the customer. Rights to my services, particularly rights of use, do not pass to the customer until payment of the total relevant remuneration to me for the entire order has been made in full. I have the right to sign my work and to be named as the creator on all copies. Any digital copies of my work must be electronically linked or otherwise traceable, e.g. via meta data or credits.
The customer is not entitled to edit or modify the works in whole or in part, or to modify them in other ways and/or to have them edited or modified by third parties unless expressly agreed as part of the agreed grant of rights. This additional grant of rights is subject to payment in every case.
After the performance of the service, I am not under any obligation to archive the files. I am not under any obligation to archive work files, including source files, and/or pass such files to the customer. If the customer requires the files to be archived and/or handed to the customer, this must be agreed and remunerated separately. In the event of any violation of the rights or use, editing rights, or credit rights, I am entitled to demand a contractual penalty in an amount that is three times the agreed basic fee. The right to bring claims for compensation or an indemnity or other rights in addition to the contractual penalty remains unaffected.
Unless expressly agreed to the contrary, all works created by me may be used by me to advertise my services.
7. Place of performance, place of jurisdiction and applicable law
To the extent permitted by law the parties agree that the exclusive place of jurisdiction will be my main business address. This agreement is governed exclusively by the law of the Federal Republic of Germany.
8. Final provision
Amendments of and additions to this Agreement must be made in writing to be valid. The same applies for amendments to the requirement for written form.
The invalidity or unenforceability of individual provisions of this Agreement does not affect the validity of the remaining provisions. The same applies for any lacunae in the provisions. The provision which is admissible in law and which comes closest to what the contractual parties wanted or would have wanted according to the intention and purpose of the Agreement is to take the place of the invalid provisions or to complete the lacunae.