General principles contracts for design services.
1. General information
2 Copyright and rights of use
2.1. Each order placed the product designer is a copyright contract, which is directed to produce a draft for a product design and, where appropriate, the granting of rights of use of the services.
2.2. All designs, developments, elaborations, drawings and other works are subject to the copyright law. The provisions of the Copyright Act shall apply between the parties even if the necessary conditions of protection in individual cases should be omitted. Thus, in particular the copyright claims arising from § 97 et seq. are the designer Copyright to.
2.3. The developments, trends, designs and drawings may be changed without the consent of the designer either in the original or reproduction. Any imitation or change – parts – is not permitted. A violation of this provision entitles the designer to claim a penalty equal to 200% of the agreed or according to the fee contract for design services SDSt/AGD (latest version) usual design remuneration in addition to the remuneration to be paid anyway.
2.4. The designer transfers the principal rights of use for the purpose. Unless otherwise agreed, only a simple right of use is transferred. A transfer of rights of use by the client to third parties requires the previous written agreement between client and designer.
2.5. The rights arise after full payment by the customer on it.
2.6. The designer has the right to be called on the copies and in publications about the product as the copyright holder. A violation of this provision entitles the designer to claim a contractual penalty in the amount of 100% of the agreed or according to the fee contract for design services SDSt/AGD (latest version) standard fee, apart from this.
2.7. Proposals, instructions and other cooperation of the customer or its employees and agents have no effect on the amount of the remuneration for the design work. You justify regularly not with copyright law.
2.8. The designs and artwork may be used (temporally, spatially and in terms of content) in the case of the granting of the right of use only for the agreed scope of use. Any use beyond the agreed scope of use (temporal, spatial, and content), is not permitted and the designer is entitled to demand a contractual penalty in the amount of 100% of the agreed or according to the fee contract for design services SDSt/AGD (latest version) usual remuneration for these advanced use in addition to the remuneration to be paid anyway.
4. Special, incidental and travel costs
4.1. Extra services such as, for example, the makeover or modification of drawings etc. are charged according to time according to the fee contract for design services SDSt/AGD (latest version).
4.2. The designer is entitled to order the necessary for order fulfillment services on behalf and for the account of the customer. The customer gives the designer corresponding power of attorney.
4.3. As far as contracts for external services on behalf and for the account of the designer are completed in each case, the customer undertakes to indemnify the designer in the internal relationship from all liabilities arising from the conclusion of the contract. This includes in particular the costs.
4.4. Expenses for technical costs, in particular for special materials for the production of photos and models etc are be compensated for by the contracting authority.
4.5. Travel costs and expenses for trips that are discussed in connection with the mandate to undertake and the principal are to reimburse the customer.
5. Due date of payment, acceptance
5.1. Unless otherwise stated in the confirmation letter, the total remuneration when placing the order is due.
5.2. The acceptance must not be refused for creative and artistic reasons. Freedom is part of the job.
5.3. If payment is delayed, the designer may require per annum interest on arrears in the amount of 5% above the respective base interest rate of the European Central Bank. The assertion of a higher damage caused by proven shall remain unaffected as well as the permission of the principal, to prove a lower burden in individual cases.
6. Ownership of designs, return obligation
6.1. On designs and drawings only rights of use are granted, but not transfer ownership.
6.2. The originals are, therefore, as soon as the customer no longer for the exercise of rights necessarily required, not later than 3 months after delivery undamaged to the designer to return them, if not expressly otherwise agreed. For damage or loss, the customer has to compensate the costs that are necessary to restore the original. The assertion of further damages shall remain unaffected.
6.3. The work and templates will be at risk and for the account of the customer.
7. Digital data
7.1. The designer is not obliged to publish files, 2D/3D, or other records that were created in the computer to the customer. The customer requires the publication of computer data, is to arrange this separately and to be paid for.
7.2. Has the designer provided computer files the client, this may be changed only with the prior consent of the designer.
7.3. Risk and cost of transport of disks, files and data online and offline is the principal.
7.4. The designer shall be liable except for intent and gross negligence, not for lack of disks, files and data. The liability of the designer is excluded for errors on disks, files and data generated during data import on the system of the client or his representative.
8. Correction, production monitoring, and product copies
8.1. Before start of series production of the prototype with the designer is to vote.
8.2. The production is monitored by the designer only due to a special agreement. Acquisition of the production monitoring, the designer is entitled, at its sole discretion to make the necessary decisions and to give appropriate instructions.
8.3. All reproduced work, the client leaves the designer five perfect product copies free of charge. The designer is entitled to use these copies for the purpose of self-promotion, and in addition pointing to the cooperation with the customer using the works of the designer
9.1. The designer shall execute the order with the utmost care, carefully to treat him in particular also handed over samples, documents, templates, etc..
9.2. Complaints whatsoever shall without prejudice to the legal warranty within 14 days after delivery of the work in writing if the designer to assert.
10.1. The designer shall be liable – if the contract no contrary provisions – the same reason only for intent and gross negligence. This limitation of liability also applies to its employees and vicarious agents. For slight negligence, he shall be liable only for the breach of essential contractual obligations. In this case, however, the liability for indirect damage, consequential damage and loss of profit is excluded. The liability for positive demand injury, fault in contract and in tort is limited to the replacement of the typical, foreseeable damage.
10.2. The designer towards the principal of any liability or warranty assumes for orders issued in the name and on account of the client to third parties, insofar as no selection fault the designer. In these cases, the designer occurs only as a mediator.
10.3. If the designer itself is contracting of subcontractors, he hereby assigns all rightful warranty, damages and other claims arising from incorrect, delayed or non-delivery to the customer. The client undertakes to try to assert the assigned claims before a designer first.
10.4. The order exempts the designer of all claims to the third parties against the designer because a behavior for which the contracting authority after the contract bears the responsibility or liability. He bears the costs of any legal action.
10.5. With the release of designs and clean designs by the customer, this assumes responsibility for the technical and functional correctness of text, image, product and design, as well as the feasibility of the production.
10.6. For the developments shared by the principal, developments, designs, clean designs and drawings, any liability of the designer.
10.7. For the competition and trademark law admissibility, the use and design legal registrability of the work, as well as for the novelty of the product the designer shall not be liable.
11. Freedom of design and templates
11.1. Freedom is part of the job. Complaints with regard to the artistic design are excluded. The customer requires changes during or after the production he has to bear the additional costs. The Designer retains the full remuneration for work already has begun.
11.2. Delayed implementation of the order for reasons to the client has represented, may demand a reasonable increase in the remuneration of the designer. Cases of intent or gross negligence, he can claim also compensation claims. The assertion of further damage caused by delay remains unaffected.
11.3. The customer assures that he is entitled to the use of all templates passed to the designer. Should he be entitled contrary this insurance not to use, the customer indemnifies the designer of all claims to third parties.
12. Final provisions
12.1. Unless otherwise stated in the confirmation of the designer, the place of performance is the seat of the designer.
12.2. The invalidity of any of the above conditions does not affect the validity of the remaining provisions. Then, such provisions be replaced by those who come from an economic perspective the invalid provisions in the next.
12.3. It applies the law of Britain.
12.4. Court of jurisdiction is the seat of the designer, as far as legally permissible. The designer is also entitled to sue at the registered office of the customer.