General Terms and Conditions of [name, legal form - hereinafter andrekremmer.com [art of change.hamburg]
1. scope of application
1.1. Diese Allgemeinen Geschäftsbedingungen (AGB) gelten für alle zwischen andrekremmer.com | art of change.hamburg und Auftraggeber*in geschlossenen Verträge ausschließlich. Entgegenstehende oder von diesen AGB abweichende Bedingungen werden nicht Vertragsbestandteil, es sei denn, andrekremmer.com | art of change.hamburg hätte deren Geltung ausdrücklich schriftlich zugestimmt.
1.2. andrekremmer.com | art of change.hamburg and the principal have not made any oral collateral agreements.
2. copyright protection; rights of use; self-promotion
2.1. the order placed with andrekremmer.com | art of change.hamburg is a contract for copyright work. The subject of the contract is the creation of the commissioned work and the granting of rights of use to this work. The provisions of the law on contracts for work and services and the copyright law shall apply.
2.2 All work by andrekremmer.com | art of change.hamburg, such as in particular drafts, final artwork and the commissioned work as a whole, are protected as personal intellectual creations by copyright law, the provisions of which are also deemed to be agreed if the requirements for a work protected by copyright are not met, in particular with regard to the required level of creation (§ 2 Para. 2 UrhG).
2.3. without the consent of andrekremmer.com | art of change.hamburg, neither the original work nor the work including the author's name may be changed, neither in the original nor in reproduction. Any imitation of the work or parts of the work, as well as the preparatory work for it, is not permitted.
2.4. the works of andrekremmer.com | art of change.hamburg may only be used for the agreed type of use and the agreed purpose to the agreed extent. In the absence of an express written agreement, the purpose of the contract shall be deemed to be only that which was made recognisable by the client when the order was placed.
2.5. andrekremmer.com | art of change.hamburg grants the principal the rights of use required for the respective purpose (section 2.4). For this purpose, the simple right of use is granted, unless andrekremmer.com | art of change.hamburg and the principal make an express agreement to the contrary. The rights of use shall only be granted upon full payment of the fee.
2.6. the transfer of granted rights of use to third parties requires the prior written consent of andrekremmer.com | art of change.hamburg.
2.7 Unless otherwise agreed, andrekremmer.com | art of change.hamburg must be named as the author of the work in the event of reproduction, distribution, exhibition, in publications about the work and/or the public reproduction of the designs and final artwork and the work. If the client violates the right to be named as the author, andrekremmer.com | art of change.hamburg may demand a contractual penalty of 100% of the fee agreed for the use of the design service, or in the absence of an agreement on the appropriate and customary fee for such use. This does not affect the right of andrekremmer.com | art of change.hamburg to claim higher damages in the event of a concrete calculation of damages.
2.8 Suggestions, instructions and suggestions of the client for technical, creative or other reasons and his other cooperation have no influence on the fee and do not constitute a co-author's right unless this has been expressly agreed in writing.
2.9. without the prior written consent of andrekremmer.com | art of change.hamburg, the principal is not entitled to apply for registration of formal property rights such as registered design, community design, trademark, etc. in relation to the drafts, final artwork or other work of andrekremmer.com | art of change.hamburg.
2.10. andrekremmer.com | art of change.hamburg remains entitled to use the works created in fulfilment of the order or parts thereof, drafts and other works for its own advertising, regardless of the medium (e.g. in its own website, sample folder, etc.), and to draw attention to its activities for the principal.
2.11. The right of andrekremmer.com | art of change.hamburg to assert claims for unauthorised use of the work, in particular on the Internet and on social media platforms, in its own name remains unaffected by the granting of the rights of use. andrekremmer.com | art of change.hamburg remains entitled to assert claims for injunctive relief, damages, unjustified enrichment and information on the extent of infringement of its copyrights against the responsible third party, in particular the platform operator liable in the event of infringement.
3. fees; due date
3.1 Unless a specific fee has been agreed between the principal*in and andrekremmer.com | art of change.hamburg, andrekremmer.com | art of change.hamburg is entitled to an appropriate and customary fee.
3.2 The preparation of drafts is always subject to a fee, unless expressly agreed otherwise in writing.
3.3 The fees are due upon delivery of the work. If the work is produced and delivered in parts, the corresponding partial fee is due upon delivery of the part. Unless otherwise expressly agreed in writing, a partial fee amounting to at least half of the total fee shall be paid with the first partial delivery. If the execution of an order extends over a longer period of time, andrekremmer.com | art of change.hamburg may demand payment on account in accordance with the work performed.
3.4 All fees are net amounts, payable without deduction within 10 days of the due date, plus the statutory value added tax. If the payment dates are exceeded, andrekremmer.com is entitled, without further reminder, to default interest at a rate of 6% above the base rate in accordance with § 1 of the Discount Rate Transition Act. The right to assert a claim for further damages remains unaffected by this provision.
3.5 If the development of the agreed service extends over a longer period of time (> 1 month), andrekremmer.com may invoice the principal for partial payments for the partial services already provided. These partial services do not have to be available in a form that can be used by the customer and may also be available as a pure working basis on the pages of andrekremmer.com.
In the event of changes or cancellation of orders, works or similar by the customer and/or if the conditions for the provision of services change, andrekremmer.com will be reimbursed for all costs incurred as a result and andrekremmer.com will be released from any liability towards third parties.
3.6 If the client withdraws from an order at the beginning of the project, andrekremmer.com reserves the right to withhold a deposit of usually 50% of the paid/agreed amount.
3.7 We reserve the right of ownership of all documents and objects provided until all invoices relating to the order have been paid in full. Rights to our services, in particular copyrighted rights of use, shall not pass to the customer until all invoices relating to the order have been paid in full to the agreed extent.
4. additional benefits; incidental expenses and travel expenses; social security for artists
4.1 Unless otherwise agreed in writing, additional services, such as research, reworking or modification of drafts, creation and submission of further drafts, modification of working drawings as well as other additional services (author's corrections, production supervision and others) will be charged separately according to time spent.
4.2 Incidental costs incurred in connection with the design work or with design execution work (e.g. for models, interim reproductions, layout typesetting, etc.) as well as costs for the acquisition of rights (e.g. image rights, font licenses, etc.) including any levies pursuant to the Artists' Social Security Act (KSVG) or to the GEMA that may be incurred shall be reimbursed by the Client.
4.3 The principal shall reimburse andrekremmer.com | art of change.hamburg for the costs and expenses of travel which, after prior agreement, are necessary for the execution and fulfilment of the order or the use of the works.
4.4 The remuneration for additional services is due after they have been provided. Any additional costs incurred shall be reimbursed as incurred. Remuneration and additional costs are net amounts to be paid plus the statutory value added tax.
4.5 The fees of andrekremmer.com | art of change.hamburg may, under certain circumstances, be subject to the duty to pay taxes and duties incumbent on the principal under the Artists' Social Security Act (KSVG). In the event that the Principal is liable to pay taxes, andrekremmer.com | art of change.hamburg would like to point out as a precaution that the Principal is obliged to report to the Künstlersozialkasse.
5. external services
5.1. andrekremmer.com | art of change.hamburg will carry out the assignment of external services, which are necessary for the fulfilment of the order or the use of the works to the extent stipulated in the contract, in the name and for the account of the principal. The principal is obliged to grant andrekremmer.com | art of change.hamburg the appropriate written power of attorney for this purpose.
5.2 If andrekremmer.com | art of change.hamburg, at the instigation of the principal, commissions external services in its own name and on its own account in individual cases, the principal is obliged to pay a reasonable advance for the expected costs. The principal shall indemnify andrekremmer.com | art of change.hamburg in the internal relationship from all liabilities, in particular all costs arising from the conclusion of the contract.
6. cooperation of the client; freedom of design; templates
6.1 The principal is obliged to provide andrekremmer.com | art of change.hamburg with all documents necessary for the fulfilment of the order in good time and to the agreed extent. This applies in particular to texts, photos, logos, graphics, films, music, etc. andrekremmer.com | art of change.hamburg is not responsible for delays in the execution of the order due to the late or incomplete delivery of such documents.
6.2. the principal assures that he/she is entitled to use all documents which he/she makes available to andrekremmer.com | art of change.hamburg. Furthermore, the client is solely responsible for the correctness and completeness of the documents provided by him. Should the principal not be entitled to use the artwork or should the artwork not be free from third party rights, the principal shall indemnify andrekremmer.com | art of change.hamburg internally against all claims for compensation by third parties.
6.3. andrekremmer.com | art of change.hamburg is free to design the order. To this extent, complaints regarding the artistic design of the designs and the work are excluded. Additional costs for changes that the client initiates during or after production shall be borne by the client.
7. data delivery and handling
7.1. andrekremmer.com | art of change.hamburg is not obliged to hand over to the principal the design data or other data (e.g. data of contents, screen designs, drafts, etc.) or data carriers which have been created in fulfilment of the order. If the client wishes to receive data or files, this must be agreed separately and paid for by the client.
7.2 If andrekremmer.com | art of change.hamburg provides the principal with files or data, these may only be used to the extent agreed. Modifications or changes to the files or data may only be made with the consent of andrekremmer.com | art of change.hamburg.
7.3 The risk and costs of the transport of data carriers, files and data shall be borne by the client regardless of the means of transmission.
7.4 andrekremmer.com | art of change.hamburg is not liable for defects in data carriers, files and data that arise during data transfer to the customer's system.
8. ownership and obligation to return
8. ownership and 8.1. only rights of use shall be granted to all drafts, final artwork and conceptual work as well as any data made available, regardless of whether they are executed or not, but no rights of ownership shall be transferred. Originals must be returned undamaged to andrekremmer.com | art of change.hamburg no later than three months after delivery, unless otherwise expressly agreed.
8.2 Shipments and returns are made at the risk and for the account of the client. In the event of damage or loss, the principal must reimburse the costs necessary to restore the originals. andrekremmer.com | art of change.hamburg reserves the right to claim further damages.
9. correction; production monitoring; sample documents
9.1 Before beginning the reproduction of the work (start of production), correction samples must be submitted to andrekremmer.com | art of change.hamburg.
9.2. Die Produktion wird von andrekremmer.com | art of change.hamburg nur überwacht, wenn dies in einer gesonderten schriftlichen Vereinbarung mit der Auftraggeberin/dem Auftraggeber vereinbart ist. Für diesen Fall ist andrekremmer.com | art of change.hamburg berechtigt, erforderliche Entscheidungen nach eigenem Ermessen zu treffen und Weisungen gegenüber den Produktionsfirmen zu geben. andrekremmer.com | art of change.hamburg haftet für Fehler nur bei eigenem Verschulden und nach Maßgabe der Ziffer 10.
9.3. andrekremmer.com | art of change.hamburg must be provided free of charge with a reasonable number of perfect specimen copies, at least 10, of all reproduced works or parts of works or other works, which andrekremmer.com | art of change.hamburg may also use in its own advertising.
10. warranty; liability
10.1. andrekremmer.com | art of change.hamburg haftet für Schäden nur bei Vorsatz oder grober Fahrlässigkeit. Davon ausgenommen sind Schäden aus der Verletzung einer Vertragspflicht, die für die Erreichung des Vertragszwecks von wesentlicher Bedeutung ist (Kardinalpflicht), sowie Schäden aus der Verletzung des Lebens, des Körpers oder der Gesundheit, für welche andrekremmer.com | art of change.hamburg auch bei leichter Fahrlässigkeit haftet.
10.2. Ansprüche des Auftraggebers/der Auftraggeberin gegen andrekremmer.com | art of change.hamburg aufgrund einer Pflichtverletzung verjähren ein Jahr nach dem gesetzlichen Verjährungsbeginn. Davon ausgenommen sind Schadensersatzansprüche gemäß Ziffer 10.1.; für diese gelten die gesetzlichen Verjährungsfristen.
10.3 The client is obliged to examine the work immediately after delivery and to report any defects immediately. Obvious defects must be claimed in writing within two weeks after delivery at the latest. The timely dispatch of the notice of defects shall be sufficient to comply with the deadline. In the event of a breach of the obligation to inspect and give notice of defects, the work shall be deemed to have been accepted without defects.
10.4 The release of production and publication is carried out by the client. With the release, the client assumes liability for the technical and functional correctness of text, image, design and product.
10.5 With the exception of possible selection fault, andrekremmer.com | art of change.hamburg is not liable for orders for external services that andrekremmer.com | art of change.hamburg places with third parties.
10.6 If andrekremmer.com | art of change.hamburg commissions external services at the instigation of the principal in its own name and for its own account, andrekremmer.com | art of change.hamburg hereby assigns to the principal all warranty claims, claims for damages and other claims to which it is entitled against the external company arising from defective, delayed or non-performance. Before making any claim against andrekremmer.com | art of change.hamburg, the client undertakes to first enforce the assigned claims against the outside company.
10.7. andrekremmer.com | art of change.hamburg is not liable for the copyright, design, registered design or trademark protection or registration of the work or parts of the work, or of the drafts or other design work which it provides to the customer for use. andrekremmer.com | art of change.hamburg is not obliged to carry out or arrange for design, registered design, trademark or other property right searches. These as well as an examination of the property right situation will be arranged by the client himself and at his own expense.
10.8. andrekremmer.com | art of change.hamburg is not liable for the legal, in particular copyright, design and registered design, competition or trademark law admissibility of the intended use of the work or parts of the work or designs. andrekremmer.com | art of change.hamburg is only obliged to point out legal risks, insofar as these become known to andrekremmer.com | art of change.hamburg during the execution of the order.
11. special conditions for web design
If the work to be created is a website (web design), the following additional conditions apply:
11.1. andrekremmer.com | art of change.hamburg will create the website in accordance with a design concept approved by the principal in an agreed programme and data format. This is done with software from third parties, for whose functionality, freedom from errors and any future or lacking future development (updates) andrekremmer.com | art of change.hamburg assumes no liability. Further maintenance of the website (e.g. regular maintenance, backups, purchase and renewal of SSL certificates etc.) is not part of the design contract and requires a separate agreement.
11.2. andrekremmer.com | art of change.hamburg designs the website The client is solely responsible for their content. This also applies to content elements of the website provided by the client (such as image, sound and video files, texts, logos, etc.), as well as to compliance with legal requirements (such as the formulation of the imprint and other mandatory information according to the German Telemedia Act, compliance with data protection regulations, etc.).
11.3 If it has been agreed that andrekremmer.com | art of change.hamburg will also undertake measures for search engine optimisation (SEO, e.g. formulation of titles, keywords, descriptions, etc.), andrekremmer.com | art of change.hamburg will take this into account in the design and programming of the website. andrekremmer.com | art of change.hamburg is not responsible for a certain success of the SEO measures.
11.4 After completion, andrekremmer.com | art of change.hamburg shall transfer the website to the principal's sphere of disposal, e.g. by uploading the data to the server made accessible by the principal or by handing over a physical data carrier or in any other way agreed upon separately. With the transfer of the website into the client's sphere of disposal, the period for examination and notification of any obvious defects begins (section 10.3.). The client is obliged to accept the website created in accordance with the contract by means of a declaration in text form (§ 126b BGB).
11.5. andrekremmer.com | art of change.hamburg is not obliged to provide the principal with the source code or the original project files of the tools used by andrekremmer.com | art of change.hamburg for those elements of the website programmed by andrekremmer.com | art of change.hamburg where these cannot be read or reconstructed directly from the completed website without further ado. If the client wishes to receive the source code or the original project files, this must be agreed separately and paid for by the client.
12. information on data collection under Art. 13 DSGVO
andrekremmer.com | art of change.hamburg collects data of the principal for the purpose of the execution of the contract and for the fulfilment of contractual and pre-contractual obligations. Data collection and data processing is necessary for the implementation of the contract and is based on Article 6 paragraph 1 b) DSGVO. The data will not be passed on to third parties. The data will be deleted as soon as they are no longer necessary for the purpose of their processing. The principal is entitled to request information on the data stored by andrekremmer.com | art of change.hamburg about the principal, and to demand correction of the data if it is incorrect, or deletion of the data if it is stored illegally. The principal can contact andrekremmer.com | art of change.hamburg for this purpose at . [firstname.lastname@example.org] or ... [Elbchaussee 274a, 22605 Hambuurg] ... The client also has a right of appeal to the supervisory authority.
13. place of performance
Place of performance for both parties is [seat of andrekremmer.com | art of change.hamburg].
14. final clauses
14.1. place of jurisdiction is [domicile of andrekremmer.com | art of change.hamburg], if the principal is a merchant and the contract is part of the operation of his trade or the principal is a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany. andrekremmer.com | art of change.hamburg is also entitled to sue at the principal's domicile.
14.2 The law of the Federal Republic of Germany shall apply with the exception of the UN Sales Convention.
14.3 Insofar as the written form is agreed for declarations in accordance with these General Terms and Conditions, this shall also be observed by the text form in accordance with § 126 b BGB via e-mail or fax.
14.4 If one of the provisions of these GTC is invalid in whole or in part, this shall not affect the validity of the remaining provisions.