Allgemeine Geschäftsbedingungen Grafikdesign

In the following text Devin Fehlberg (the legal body) will be referred as Laiceage

1. Copyright and Use Rights

1.1. The drafts and final artwork may be used without express consent
are not altered by Laiceage, either in the original or in the reproduction. Any total or partial imitation is prohibited.
1.2. In the event of a breach of point 1.1. the client Laiceage has a contractual penalty
to be paid in the amount of 200% of the agreed remuneration.
1.3. Laiceage transfers to the customer the data for the respective purpose
required usage rights. Unless otherwise agreed,
only transfer the simple right of use. Laiceage remains in any case, too
if Laiceage has granted the exclusive right of use,
his drafts and copies thereof for self-promotion
to use.
1.4. A transfer of the rights of use to third parties requires the written consent
Agreement between Laiceage and client. The rights of use go
to the client only after the remuneration has been paid in full.
1.5. Laiceage has the right to the copies (hard and soft copies)
to be named as the author. If the client violates the right to be named, he is obliged to pay Laiceage a contractual penalty of 100%
to pay the agreed fee. This does not affect the right of
Laiceage , a higher damage applies in the case of a specific damage calculation
1.6. The works (drafts and working drawings) of Laiceage are considered personal
Intellectual creations are protected by copyright, the regulations of which are also deemed to have been agreed if the necessary according to §2 UrhG
level of creation is not reached.
1.7. Repetitions (e.g. subsequent edition) or multiple uses (e.g. for a
other product) are subject to a fee; they require the consent of
1.8. Laiceage has a right to information about the scope of use.

2. Compensation

2.1. The remunerations are net amounts, payable plus the statutory
VAT and without deduction.
2.2. The fees are due upon delivery of the drafts. Will the drafts
accepted in parts, the corresponding partial remuneration is included in each case
Part delivery due. Extends the execution of an order
over a longer period of time, Laiceage can demand advance payments according to the workload.
2.3. New customers agree to pay 50% of the total fee in advance
2.4. Will the designs be redone or on a larger scale than originally
intended use, the client is obliged to pay a fee for
to pay for the additional use.
2.5. If the client does not exercise his option of use and will not
If rights of use are granted, Laiceage calculates a down payment.
2.6. The calculation of the remuneration is based on this, unless something is expressly stated
otherwise agreed, according to the remuneration recommendations of the BDG (Bund
German graphic designer).
2.7. A free activity, in particular the free creation of
Drafting is not professional practice.
2.8. Suggestions and instructions from the client for technical, design and other reasons have no influence on the remuneration; you
do not justify any joint copyright, unless they expressly do so
have been agreed.

3. External services and additional costs

3.1. Laiceage is entitled to use the external services necessary to fulfill the order
to be ordered in the name and for the account of the client. The customer is obliged to grant Laiceage written authority to do so.
3.2. Insofar as contracts for third-party services in the name and for
invoice are completed by Laiceage , the client is obliged
To release Laiceage internally from all liabilities that
result from the conclusion of the contract, in particular from the obligation to pay the price for the external service.
3.3. Ancillary costs (e.g. models, interim productions, layout typesetting) incurred in connection with the design work or design work must be reimbursed.
3.4. For trips that, after consultation with the client and/or the
User required for the execution of the order or use
are, costs and expenses will be charged.

4. Ownership, Obligation to Return

4.1. Rights of use are only granted for drafts and final artwork
but not transfer property rights. The originals must be returned undamaged to Laiceage no later than three months after delivery, if not
otherwise agreed in writing.
4.2. If the drafts or final artwork are damaged or lost, theClient to reimburse the costs necessary for the restoration
are. The assertion of further damage remains unaffected.

5. Disclosure of Data

5.1. Laiceage is not obliged to hand over data carriers, files and data.
If the client wishes Laiceage to provide him with data carriers, files and data
provides, this is to be agreed in writing and separately
5.2. Does Laiceage have data carriers, files and data available to the customer
provided, these may only be changed with the consent of Laiceage .
5.3. Risk and costs of transporting data carriers, files and data
online and offline is borne by the client.
5.4. Except in the case of intent and gross negligence, Laiceage is not liable for defects
Disks, files and data. Laiceage`s liability is excluded
for errors in data carriers, files and data that occur during data import
the customer’s system arise.

6. Correction, production monitoring and voucher samples

6.1. The client shall submit correction samples to Laiceage before the duplication is carried out.
6.2. If Laiceage is to carry out production monitoring, Laiceage and
the client enters into a written agreement on this. Leads Laiceage the
production monitoring, Laiceage decides at its own discretion
and gives appropriate instructions.
6.3. The customer shall leave ten of all reproduced works to Laiceage
flawless samples free of charge, for smaller runs a minimum quantity of 2%.

7. Liability

7.1. Laiceage is only liable for damage caused by Laiceage itself or its vicarious agents
intentionally or through gross negligence. This also applies to damage
resulting from a positive breach of contract or tort.
7.2. Works and templates are sent and returned to
risk and for the account of the client.
7.3. With the acceptance of the work, the client assumes responsibility for the correctness of the text and image.
7.4. Laiceage is not liable for admissibility under competition and trademark law
and registrability of his designs and other design work.
7.5. Complaints and complaints of any kind are within two
weeks after delivery in writing to Laiceage. After that applies
accepted the work as being in accordance with the contract and free of defects.
7.6. As far as Laiceage at the instigation of the client and/or user
external services in his name and on his account
are, Laiceage is not liable for the services and work results of the commissioned service providers.
7.7. The release of production and publication is the responsibility of the client and/or user. If the client and/or user delegates
In exceptional cases, the release in its entirety or in parts to Laiceage
he releases Laiceage from liability.

8. Design Freedom and Templates

8.1. Within the scope of the order, Laiceage has freedom of design. he wishes
The customer has to make changes during or after production
bear additional costs.
8.2. Modification of designs, creation and submission of additional designs,
the change of work drawings as well as other additional services (manuscript study, production monitoring, etc.) are charged according to the time spent
billed separately.
8.3. If the execution of the order is delayed for reasons for which the client is responsible, Laiceage can increase the
demand remuneration. In the event of intent or gross negligence, Laiceage
also assert claims for damages.
8.4. The client assures that he is entitled to use all templates handed over to Laiceage and that these templates are subject to third-party rights
are free. If, contrary to this assurance, he is not entitled to use it or if the templates are not free of third-party rights,
the client releases Laiceage internally from all third-party claims for compensation.

9. Final Provisions

9.1. In the event that the customer does not have a general place of jurisdiction in
of the Federal Republic of Germany has its registered office or usual place of business
Residence relocated abroad after conclusion of the contract, the seat of
Laiceage agreed as place of jurisdiction.
9.2. If one of the above terms and conditions is ineffective, so affected
this does not affect the effectiveness of the remaining terms and conditions.