GTC

General terms and conditions Hang zum Schönen Designagency

1. Scope 1.1. The General Terms and Conditions are freely available on the Internet at www.hangzumschoenen.de at any time. The customer accepts the General Terms and Conditions of Hang zum Schönen even after the revocation period for order confirmations has elapsed.

1.2. These General Terms and Conditions apply exclusively to all contracts concluded between Hang zum Schönen and the client. Conflicting conditions or conditions deviating from these General Terms and Conditions shall not become part of the contract unless Hang zum Schönen has expressly agreed to their validity in writing.

1.3. All agreements made between Hang zum Schönen and the client for the purpose of executing this contract are set out in writing in this contract.

1.4. Deviations from the GTC shall be agreed separately in writing and shall only be valid for the relevant order.

2. Copyright protection; rights of use; self-advertising

2.1. The Hang zum Schönen commission is a copyright contract. The subject matter of the contract is the creation of the work commissioned 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 works by Hang zum Schönen, such as in particular drafts, final artwork and the commissioned work as a whole, are protected as personal intellectual creations by the Copyright Act, the provisions of which are also deemed to have been agreed if the prerequisites for a work protected by copyright, in particular with regard to the required level of creation (§ 2 Para. 2 UrhG), have not been met.

2.3. Without the consent of Hang zum Schönen, their work and the work, including the copyright, may not be altered either in the original or in reproduction. Any imitation of the work or parts of the work as well as the preparatory work for it are inadmissible.

2.4. The works of Hang zum Schönen may only be used for the agreed type of use and the agreed purpose within the agreed scope. In the absence of an express written agreement, the purpose of the contract shall be deemed to be the purpose made recognisable by the customer when placing the order.

2.5. Hang zum Schönen grants the client the rights of use required for the respective purpose (Item 2.4). The simple right of use is granted for this purpose, unless Hang zum Schönen and the client make an expressly deviating agreement. The rights of use shall only be granted once the fee has been paid in full.

2.6. The transfer of granted rights of use to third parties requires the prior written consent of Hang zum Schönen.

2.7. Unless otherwise agreed, Hang zum Schönen is to be named as the author of the reproduction, distribution, exhibition, publication about the work and/or public reproduction of the drafts and final artwork and the work. If the client violates the right to the naming of the author, Hang zum Schönen may, in addition to the fee owed for the design service, demand a contractual penalty in the amount of 100% of the agreed fee for the use, in the absence of an agreement on the appropriate and customary fee. This does not affect Hang zum Schönen’s right to claim higher damages in 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 joint copyright unless the contrary has been expressly agreed in writing.

2.9. Without the prior written consent of Hang zum Schönen, the client is not entitled to apply for registration of formal property rights such as design patents, trademarks, etc. in respect of the designs, final artwork or other work of Hang zum Schönen.

2.10. Hang zum Schönen remains entitled to use the works created in fulfilment of the order or parts thereof, drafts and other work for self-promotion, regardless of the medium (e.g. its own Internet presence, sample folder etc.) and to draw attention to its activities for the client.

3. Fees; due date

3.1. Unless otherwise expressly agreed between the client and Hang zum Schönen, the fee shall be calculated in accordance with the fee recommendations of AGD – Allianz deutscher Designer e.V., Steinstraße 3, 38100 Braunschweig, Germany.

3.2. The preparation of drafts is always subject to a charge, unless expressly agreed otherwise in writing.

3.3. The fees are due upon delivery of the work. If the work is created and delivered in parts, the corresponding partial fee shall be due upon delivery of the part. Unless expressly agreed otherwise in writing, a partial fee of at least half of the total fee shall be payable with the first partial delivery. If the execution of an order extends over a longer period of time, Hang zum Schönen Abschlagszahlungen may demand advance payments in accordance with the expenses incurred.

3.4. All fees are net amounts, payable plus of the statutory value added tax, without deduction within two weeks of the due date.

4. Additional services; ancillary and travel expenses

4.1. Unless otherwise agreed in writing, additional services, such as research, revision or modification of drafts, the creation and submission of further drafts, the modification of work drawings and other additional services (author corrections, production monitoring and others) shall be charged separately according to the time spent.

4.2. Any additional technical costs incurred in connection with the design work or the execution of the design work (e.g. for models, intermediate reproductions, layout typesetting, etc.) shall be reimbursed by the Customer.

4.3. The client shall reimburse Hang zum Schönen for the costs and expenses for travel which, after prior consultation, 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. Expenses incurred are to be reimbursed as incurred. Remunerations and incidental costs are net amounts, which must be paid plus of the statutory value added tax are to be paid.

5. External services

5.1. Hang zum Schönen shall perform 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 client. The client is obliged to grant Hang zum Schönen the corresponding written power of attorney.

5.2. Insofar as Hang zum Schönen assigns external services in its own name and on its own account at the instigation of the client in individual cases, the client is obliged to pay an appropriate advance for the expected costs. The client exempts Hang zum Schönen from all internal liabilities, in particular all costs, arising from the conclusion of the contract.

5.3 Unless expressly agreed otherwise, Hang zum Schönen may also have the services incumbent upon it performed by competent employees or third parties.

6. Cooperation of the client; freedom of design; templates

6.1. The client is obliged to make available to Hang zum Schönen 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.. Hang zum Schönen is not responsible for delays in the execution of orders due to the delayed or incomplete handover of such documents.

6.2. The client affirms that he is entitled to use all documents he makes available to Hang zum Schönen. Furthermore, the client is solely responsible for the correctness and completeness of the documents provided by him. If the client is not authorized to use or if the templates are not free of rights of third parties, the client shall indemnify Hang zum Schönen in the internal relationship from all compensation claims of third parties.

6.3. For Hang zum Schönen there is freedom of design within the scope of the commission. Complaints regarding the artistic design of the drafts and the work are excluded to this extent. Additional costs for changes initiated by the client during or after production shall be borne by the client.

7. Data delivery and handling

7.1. Hang zum Schönen is not obliged to hand over the design data or other data (e.g. data of contents, screen designs, drafts etc.) or data carriers, which were created in fulfilment of the order, to the client. If the client wishes the surrender of data or files, this must be agreed separately and paid for by the client.

7.2. If Hang zum Schönen provides the client with files or data, these may only be used to the agreed extent. Modifications or changes to the files or data may only be made with the consent of Hang zum Schönen.

7.3. The risk and costs of transporting data carriers, files and data shall be borne by the customer irrespective of the means of transmission.

7.4. Hang zum Schönen is not liable for defects in data carriers, files and data that occur during data transmission to the client’s system.

8. Ownership and duty of return

8.1. All designs, final artwork and design services as well as any data made available, regardless of whether they are to be executed or not, shall only be granted rights of use, but no ownership rights shall be transferred. Originals must be returned undamaged to Hang zum Schönen no later than three months after delivery, unless expressly agreed otherwise.

8.2. The deliveries and returns are made at the risk and for the account of the customer. In the event of damage or loss, the Client shall reimburse the costs necessary to restore the originals. Hang zum Schönen reserves the right to assert further claims for damages.

9. Correction; production monitoring; sample documents

9.1. Before the start of reproduction of the work (start of production), a tendency towards the Beautiful Correction Sample must be submitted.

9.2. Production will only be monitored by Hang zum Schönen if this has been agreed in a separate written agreement with the client. In this case, Hang zum Schönen is entitled to make necessary decisions at its own discretion and to give instructions to the production companies. Hang zum Schönen shall be liable for defects only in the event of its own fault and in accordance with the provisions of clause 10.

9.3. Of all reproduced works or parts of the works or other work, Hang zum Schönen must be provided with a reasonable number of perfect specimen copies, at least 5 free of charge, which Hang zum Schönen may also use in the context of its own advertising.

10. Warranty; liability

10.1. Hang zum Schönen is liable for damages only in case of intent or gross negligence. Excluded from this are damages from the violation of a contractual obligation which is of essential importance for achieving the purpose of the contract (cardinal obligation), as well as damages from injury to life, body or health, for which Hang zum Schönen is liable even in cases of slight negligence.

10.2. Claims of the client against Hang zum Schönen due to a breach of duty shall become statute-barred one year after the beginning of the statutory limitation period. Excluded from this are claims for damages pursuant to Section 10.1; these are subject to the statutory limitation periods.

10.3. The customer is obliged to inspect the work immediately after delivery and to report any defects without delay. Obvious defects must be claimed in writing within two weeks of delivery at the latest. The timely dispatch of the notice of defects shall suffice to meet the deadline. In the event of violation of the obligation to inspect and give notice of defects, the work shall be deemed to have been accepted free of 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 a possible culpable choice, Hang zum Schönen is not liable for orders for external services that Hang zum Schönen places with third parties.

10.6. Insofar as Hang zum Schönen assigns third-party services at the request of the client in its own name and for its own account, Hang zum Schönen hereby assigns to the client all warranty claims, claims for damages and other claims to which Hang zum Schönen is entitled from faulty, delayed or non-fulfilment vis-à-vis the third-party company. The client undertakes to assert the assigned claims against the external company before taking recourse to Hang zum Schönen. 10.7. Hang zum Schönen is not liable for the copyright, design patent or trademark protection or registrability of the work or parts of the work as well as the drafts or his other design work which he leaves to the client for use. Hang zum Schönen is not obliged to carry out or initiate searches for designs, trademarks or other industrial property rights. This as well as an examination of the property right situation are arranged by the client himself and at his own expense. 10.8. Hang zum Schönen is not liable for the legal admissibility of the intended use of the work or parts of the work or the drafts, in particular the admissibility under copyright, design, competition or trademark law. Hang zum Schönen is only obliged to point out legal risks if these Hang zum Schönen become known during the execution of the order. 11. Special as far as the contractor performs other activities for the client, such as web hosting tasks, domain reservations, etc., the parties in each individual case the cooperation by a separate regulation amicably record. 12. Place of performance for both parties is Neustadt an der Weinstraße. 13. Final provisions 13.1. The place of jurisdiction shall be Neustadt an der Weinstraße if the customer is a merchant and the contract is part of the operation of his commercial business or the customer is a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany. Hang zum Schönen is also entitled to sue at the client’s place of business. 13.2. The law of the Federal Republic of Germany applies with the exception of the UN Convention on Contracts for the International Sale of Goods. 13.3. 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. 13.4. All the statements of Hang zum Schönen can be addressed to the customer electronically. This also applies to invoices within the framework of the contractual relationship. 13.5. The offers made by Hang zum Schönen are not-binding, please also think of the KSK message. Last updated: July 13, 2018

GTC

General terms and conditions
Hang zum Schönen

1. Scope of application

1.1. The General Terms and Conditions are freely available on the Internet at www.hangzumschoenen.de at any time. The customer accepts the General Terms and Conditions of Hang zum Schönen even after the revocation period for order confirmations has elapsed.

1.2. These General Terms and Conditions apply exclusively to all contracts concluded between Hang zum Schönen and the client. Conflicting conditions or conditions deviating from these General Terms and Conditions shall not become part of the contract unless Hang zum Schönen has expressly agreed to their validity in writing.

1.3. All agreements made between Hang zum Schönen and the client for the purpose of executing this contract are set out in writing in this contract.

1.4. Deviations from the GTC shall be agreed separately in writing and shall only be valid for the relevant order.

2. Copyright protection; rights of use; self-advertising

2.1. The Hang zum Schönen commission is a copyright contract. The subject matter of the contract is the creation of the work commissioned 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 works by Hang zum Schönen, such as in particular drafts, final artwork and the commissioned work as a whole, are protected as personal intellectual creations by the Copyright Act, the provisions of which are also deemed to have been agreed if the prerequisites for a work protected by copyright, in particular with regard to the required level of creation (§ 2 Para. 2 UrhG), have not been met.

2.3. Without the consent of Hang zum Schönen, their work and the work, including the copyright, may not be altered either in the original or in reproduction. Any imitation of the work or parts of the work as well as the preparatory work for it are inadmissible.

2.4. The works of Hang zum Schönen may only be used for the agreed type of use and the agreed purpose within the agreed scope. In the absence of an express written agreement, the purpose of the contract shall be deemed to be the purpose made recognisable by the customer when placing the order.

2.5. Hang zum Schönen grants the client the rights of use required for the respective purpose (Item 2.4). The simple right of use is granted for this purpose, unless Hang zum Schönen and the client make an expressly deviating agreement. The rights of use shall only be granted once the fee has been paid in full.

2.6. The transfer of granted rights of use to third parties requires the prior written consent of Hang zum Schönen.

2.7. Unless otherwise agreed, Hang zum Schönen is to be named as the author of the reproduction, distribution, exhibition, publication about the work and/or public reproduction of the drafts and final artwork and the work. If the client violates the right to the naming of the author, Hang zum Schönen may, in addition to the fee owed for the design service, demand a contractual penalty in the amount of 100% of the agreed fee for the use, in the absence of an agreement on the appropriate and customary fee. This does not affect Hang zum Schönen’s right to claim higher damages in 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 joint copyright unless the contrary has been expressly agreed in writing.

2.9. Without the prior written consent of Hang zum Schönen, the client is not entitled to apply for registration of formal property rights such as design patents, trademarks, etc. in respect of the designs, final artwork or other work of Hang zum Schönen.

2.10. Hang zum Schönen remains entitled to use the works created in fulfilment of the order or parts thereof, drafts and other work for self-promotion, regardless of the medium (e.g. its own Internet presence, sample folder etc.) and to draw attention to its activities for the client.

3. Fees; due date

3.1. Unless otherwise expressly agreed between the client and Hang zum Schönen, the fee shall be calculated in accordance with the fee recommendations of AGD – Allianz deutscher Designer e.V., Steinstraße 3, 38100 Braunschweig, Germany.

3.2. The preparation of drafts is always subject to a charge, unless expressly agreed otherwise in writing.

3.3. The fees are due upon delivery of the work. If the work is created and delivered in parts, the corresponding partial fee shall be due upon delivery of the part. Unless expressly agreed otherwise in writing, a partial fee of at least half of the total fee shall be payable with the first partial delivery. If the execution of an order extends over a longer period of time, Hang zum Schönen Abschlagszahlungen may demand advance payments in accordance with the expenses incurred.

3.4. All fees are net amounts, payable plus of the statutory value added tax, without deduction within two weeks of the due date.

4. Additional services; ancillary and travel expenses

4.1. Unless otherwise agreed in writing, additional services, such as research, revision or modification of drafts, the creation and submission of further drafts, the modification of work drawings and other additional services (author corrections, production monitoring and others) shall be charged separately according to the time spent.

4.2. Any additional technical costs incurred in connection with the design work or the execution of the design work (e.g. for models, intermediate reproductions, layout typesetting, etc.) shall be reimbursed by the Customer.

4.3. The client shall reimburse Hang zum Schönen for the costs and expenses for travel which, after prior consultation, 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. Expenses incurred are to be reimbursed as incurred. Remunerations and incidental costs are net amounts, which must be paid plus of the statutory value added tax are to be paid.

5. External services

5.1. Hang zum Schönen shall perform 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 client. The client is obliged to grant Hang zum Schönen the corresponding written power of attorney.

5.2. Insofar as Hang zum Schönen assigns external services in its own name and on its own account at the instigation of the client in individual cases, the client is obliged to pay an appropriate advance for the expected costs. The client exempts Hang zum Schönen from all internal liabilities, in particular all costs, arising from the conclusion of the contract.

5.3 Unless expressly agreed otherwise, Hang zum Schönen may also have the services incumbent upon it performed by competent employees or third parties.

6. Cooperation of the client; freedom of design; templates

6.1. The client is obliged to make available to Hang zum Schönen 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.. Hang zum Schönen is not responsible for delays in the execution of orders due to the delayed or incomplete handover of such documents.

6.2. The client affirms that he is entitled to use all documents he makes available to Hang zum Schönen. Furthermore, the client is solely responsible for the correctness and completeness of the documents provided by him. If the client is not authorized to use or if the templates are not free of rights of third parties, the client shall indemnify Hang zum Schönen in the internal relationship from all compensation claims of third parties.

6.3. For Hang zum Schönen there is freedom of design within the scope of the commission. Complaints regarding the artistic design of the drafts and the work are excluded to this extent. Additional costs for changes initiated by the client during or after production shall be borne by the client.

7. Data delivery and handling

7.1. Hang zum Schönen is not obliged to hand over the design data or other data (e.g. data of contents, screen designs, drafts etc.) or data carriers, which were created in fulfilment of the order, to the client. If the client wishes the surrender of data or files, this must be agreed separately and paid for by the client.

7.2. If Hang zum Schönen provides the client with files or data, these may only be used to the agreed extent. Modifications or changes to the files or data may only be made with the consent of Hang zum Schönen.

7.3. The risk and costs of transporting data carriers, files and data shall be borne by the customer irrespective of the means of transmission.

7.4. Hang zum Schönen is not liable for defects in data carriers, files and data that occur during data transmission to the client’s system.

8. Ownership and duty of return

8.1. All designs, final artwork and design services as well as any data made available, regardless of whether they are to be executed or not, shall only be granted rights of use, but no ownership rights shall be transferred. Originals must be returned undamaged to Hang zum Schönen no later than three months after delivery, unless expressly agreed otherwise.

8.2. The deliveries and returns are made at the risk and for the account of the customer. In the event of damage or loss, the Client shall reimburse the costs necessary to restore the originals. Hang zum Schönen bleibt vorbehalten, darüber hinaus einen weitergehenden Schaden geltend zu machen.

9. Correction; production monitoring; sample documents

9.1. Before the start of reproduction of the work (start of production), a tendency towards the Beautiful Correction Sample must be submitted.

9.2. Production will only be monitored by Hang zum Schönen if this has been agreed in a separate written agreement with the client. In this case, Hang zum Schönen is entitled to make necessary decisions at its own discretion and to give instructions to the production companies. Hang zum Schönen shall be liable for defects only in the event of its own fault and in accordance with the provisions of clause 10.

9.3. Of all reproduced works or parts of the works or other work, Hang zum Schönen must be provided with a reasonable number of perfect specimen copies, at least 5 free of charge, which Hang zum Schönen may also use in the context of its own advertising.

10. Warranty; liability

10.1. Hang zum Schönen is liable for damages only in case of intent or gross negligence. Excluded from this are damages from the violation of a contractual obligation which is of essential importance for achieving the purpose of the contract (cardinal obligation), as well as damages from injury to life, body or health, for which Hang zum Schönen is liable even in cases of slight negligence.

10.2. Claims of the client against Hang zum Schönen due to a breach of duty shall become statute-barred one year after the beginning of the statutory limitation period. Excluded from this are claims for damages pursuant to Section 10.1; these are subject to the statutory limitation periods.

10.3. The customer is obliged to inspect the work immediately after delivery and to report any defects without delay. Obvious defects must be claimed in writing within two weeks of delivery at the latest. The timely dispatch of the notice of defects shall suffice to meet the deadline. In the event of violation of the obligation to inspect and give notice of defects, the work shall be deemed to have been accepted free of 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 a possible culpable choice, Hang zum Schönen is not liable for orders for external services that Hang zum Schönen places with third parties.

10.6. Insofar as Hang zum Schönen assigns third-party services at the request of the client in its own name and for its own account, Hang zum Schönen hereby assigns to the client all warranty claims, claims for damages and other claims to which Hang zum Schönen is entitled from faulty, delayed or non-fulfilment vis-à-vis the third-party company. The client undertakes to assert the assigned claims against the external company before taking recourse to Hang zum Schönen.

10.7. Hang zum Schönen is not liable for the copyright, design patent or trademark protection or registrability of the work or parts of the work as well as the drafts or his other design work which he leaves to the client for use. Hang zum Schönen is not obliged to carry out or initiate searches for designs, trademarks or other industrial property rights. This as well as an examination of the property right situation are arranged by the client himself and at his own expense.

10.8. Hang zum Schönen is not liable for the legal admissibility of the intended use of the work or parts of the work or the drafts, in particular the admissibility under copyright, design, competition or trademark law. Hang zum Schönen is only obliged to point out legal risks if these Hang zum Schönen become known during the execution of the order.

11. Special as far as the contractor performs other activities for the client, such as web hosting tasks, domain reservations, etc., the parties in each individual case the cooperation by a separate regulation amicably record.

12. Place of performance for both parties is Neustadt an der Weinstraße.

13. Final provisions

13.1. The place of jurisdiction shall be Neustadt an der Weinstraße if the customer is a merchant and the contract is part of the operation of his commercial business or the customer is a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany. Hang zum Schönen is also entitled to sue at the client’s place of business.

13.2. The law of the Federal Republic of Germany applies with the exception of the UN Convention on Contracts for the International Sale of Goods.

13.3. 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.

13.4. All the statements of Hang zum Schönen can be addressed to the customer electronically. This also applies to invoices within the framework of the contractual relationship.

13.5. The offers made by Hang zum Schönen are not-binding, please also think of the KSK message.

Last updated: July 13, 2018