Julian Hölscher
visual communication & direction

Hohenlohestr. 12
28209 Bremen, Germany
+49 1578 4901699
mail@julianhoelscher.com
julianhoelscher.com

These general terms and conditions apply to all contracts concluded between the designer and his client. The terms and conditions are agreed if the client does not object to them immediately after receipt.

1. copyright and rights of use

1.1 The drafts and final artwork may not be altered either in the original or in reproduction without the express consent of the designer. Any complete or partial imitation is prohibited.
1.2 In the event of infringement of point 1.1, the client must pay the designer a contractual penalty amounting to 200% of the agreed remuneration. If no such remuneration has been agreed, the usual remuneration according to the collective agreement for design services SDSt/AGD (latest version) shall be deemed to have been agreed
1.3 The designer transfers to the client the rights of use required for the respective purpose. Unless otherwise agreed, only the simple right of use is transferred.
In any case, even if the designer has granted the exclusive right of use, he/she remains entitled to use his/her designs and copies thereof for self-promotion purposes.
1.4 Any transfer of the rights of use to third parties requires a written agreement between the designer and the client. The rights of use shall not be transferred to the client until the remuneration has been paid in full by the client.
1.5 The designer shall have the right to be named as the author on the copies (hard and soft copies). If the client infringes the right to be named, he shall be obliged to pay the designer a contractual penalty amounting to 100% of the agreed remuneration. This shall not affect the designer’s right to claim higher damages in the event of a concrete calculation of damages.

2. remuneration

2.1 The remuneration is a net amount, payable plus the statutory value added tax and without deduction.
2.2 The remuneration is due upon delivery of the designs. If the designs are accepted in parts, a partial remuneration is payable upon acceptance of the first partial delivery, which shall be at least half of the total remuneration.
2.3 If the designs are used again or to a greater extent than originally intended, the customer is obliged to pay remuneration for the additional use.
2.4 Any new use of the designs, final artwork and other design work requires the prior written consent of the designer. The same shall apply to uses that go beyond the originally agreed or intended scope. The Client shall pay a contractual penalty amounting to 100% of this remuneration for each new or additional use that is made without the Designer’s consent, in addition to the remuneration appropriate to the use in question.

3. due date of the remuneration, acceptance

3.1 Payment is due upon delivery of the work. It is payable without deduction. If the work ordered is accepted in parts, a corresponding partial remuneration is due upon acceptance of the part. If an order extends over a longer period of time or if it requires a high level of advance performance from the designer, appropriate payments on account are to be made: 1⁄3 of the total remuneration on placing the order, 1⁄3 after completion of 50% of the work, 1⁄3 after delivery.
3.2 In the event of late payment, the designer can demand interest on arrears at a rate of 4% above the respective discount rate of the Deutsche Bundesbank. The assertion of a proven higher damage remains unaffected.

4. external services

4.1 The designer shall draw up a list of the external services required for the fulfilment of the order and submit it to the client for approval. The designer is entitled to order the external services required to fulfil the order in the name and on account of the client. The client is obliged to provide the designer with a written power of attorney for this purpose.
4.2 Where in individual cases contracts for outside services are concluded in the name and for the account of the designer, the client is obliged to release the designer from all obligations arising from the conclusion of the contract, in particular from the obligation to pay the price for the outside service.

5. ownership, obligation to return

5.1 Unless otherwise agreed, only rights of use shall be granted for drafts and final artwork, but no property rights shall be transferred. The originals must be returned undamaged to the designer no later than three months after delivery, unless otherwise agreed in writing.
5.2 In the event of damage or loss of the drafts or final artwork, the client shall reimburse the costs necessary for restoration. The assertion of further damages remains unaffected.

6. release of data

6.1 The designer is not obliged to hand over data carriers, files and data. If the client wishes the designer to make data carriers, files and data available to him, this must be agreed in writing and remunerated separately.
6.2 If the Designer has provided the Client with data carriers, files and data, these may only be altered with the consent of the Designer.
6.3 The risk and costs of transporting data carriers, files and data online and offline shall be borne by the Principal.
6.4 The Designer shall not be liable for defects in data carriers, files and data except in cases of intent or gross negligence. The Designer’s liability is excluded in the event of errors in data carriers, files and data which arise during data import into the Client’s system.

7. correction, production monitoring and document samples

7.1 The client shall submit correction samples to the designer before the reproduction is carried out.
7.2 The client shall provide the designer with ten perfect samples of all reproduced work free of charge.

8. liability and warranty

8.1 The sending and return of work and templates is at the risk and expense of the client.
8.2 With the acceptance of the work, the client assumes responsibility for the correctness of text and images.
8.3 The designer is not liable for the admissibility and registrability of his designs and other design work under competition and trademark law. He is, however, obliged to inform the client of any legal risks, insofar as they become known to him during the execution of the order.
8.4 Complaints and objections of any kind must be made in writing to the designer within two weeks of delivery. After that the work shall be deemed to have been accepted in accordance with the contract and free of defects.

9. freedom of design and templates

9.1 Within the scope of the order, the designer shall be free to create his own design. If the client wishes to make changes during or after production, he/she must bear the additional costs.
9.2 If the execution of the order is delayed for reasons for which the client is responsible, the designer may demand an appropriate increase in remuneration. In the event of intent or gross negligence he may also claim damages.
9.3 The client assures that he/she is entitled to use all the templates submitted to the designer and that these templates are free of third-party rights. If, contrary to this insurance, he/she is not entitled to use them or if the templates are not free from third-party rights, the client shall indemnify the designer internally against all claims for compensation by third parties.

10. collecting societies

10.1 The Principal undertakes to pay any fees that may be incurred to collecting societies such as Gema. If these fees are disbursed by the contractor, the client undertakes to reimburse the contractor for these fees against proof. This can also be done after termination of the contractual relationship.
10.2 The client is informed that in the event of the awarding of an order in the artistic, conceptual and advertising consulting fields to a non-legal person, a social security contribution for artists must be paid to the artists‘ social insurance fund (Künstlersozialkasse). This tax may not be deducted by the client from the contractor’s invoice. The Client is responsible for compliance with the obligation to register and pay the fee and is responsible for this himself.

11. final provisions

11.1 In the event that the Principal does not have a general place of jurisdiction in the Federal Republic of Germany or moves its registered office or usual place of residence abroad after conclusion of the contract, the registered office of the Designer is agreed as the place of jurisdiction.
11.2 If one of the above terms and conditions is invalid, this shall not affect the validity of the remaining terms and conditions.

Status: April 2011