Scope
These General Terms and Conditions (GTC) apply exclusively to all contracts concluded between Tim Alexander Söther and the client. Conflicting terms or conditions deviating from these GTC will not become part of the contract unless the designer has expressly agreed to their validity in writing.
All agreements made between the designer and the client for the execution of this contract are laid down in writing in this contract.
Copyright; Usage Rights; Self-Promotion
The contract awarded to Tim Alexander Söther is a work contract. The subject of the contract is the creation of the commissioned work as well as the granting of usage rights to this work. The provisions of contract law and copyright law apply.
All work by Tim Alexander Söther, particularly designs, final drawings, and the commissioned work as a whole, are protected as personal intellectual creations by copyright law, the regulations of which also apply even if the conditions for a copyright-protected work, especially with regard to the required level of creativity (§ 2 Abs. 2 UrhG), are not met.
Without the designer's consent, their works and the work including the author's designation may not be changed either in original or in reproduction. Any imitation of the work or parts of the work as well as preliminary works are prohibited.
The works of Tim Alexander Söther may only be used for the agreed type of use and the agreed purpose in the agreed scope. In the absence of an express written agreement, only the purpose made evident by the client upon commissioning is considered as the purpose of the contract.
Tim Alexander Söther grants the client the necessary usage rights for the respective purpose of use (item 2.4). In this context, the simple usage right is granted unless Tim Alexander Söther and the client enter into an explicitly different agreement. The granting of usage rights only takes place upon full payment of the fee.
The transfer of granted usage rights to third parties requires the prior written consent of Tim Alexander Söther.
Unless an alternative agreement is made, Tim Alexander Söther must be credited as the author in reproductions, distributions, exhibitions, in publications about the work and/or in the public presentation of the designs and final drawings and of the work. If the client infringes the right to authorship attribution, Tim Alexander Söther can demand, in addition to the fee due for the design service, a contractual penalty of 100% of the fee agreed for usage, in the absence of an agreement for the appropriate and usual fee. This does not affect Tim Alexander Söther's right to claim a higher damage in a concrete damage calculation.
Proposals, instructions, and suggestions from the client for technical, design, or other reasons and their other cooperation have no influence on the fee and do not establish any co-authorship, unless expressly agreed otherwise in writing.
The client is not permitted, without the designer's prior written consent, to register formal protective rights such as design patents, trademarks, etc., in relation to the designs, final drawings, or other works of the designer.
The designer retains the right to use the works or parts of them created in fulfillment of the contract, designs and other works for self-promotion, in any medium (e.g., in their own internet presence, sample folder, etc.) and to refer to their work for the client.
Rates; Due date
Unless otherwise expressly agreed between the client and Tim Alexander Söther, the calculation of the fee is based on the fee recommendations of the BDG – Professional Association of German Communication Designers e.V., Warschauer Straße 59a, 10243 Berlin.
The creation of drafts is always chargeable, unless otherwise expressly agreed in writing.
The fees are due upon delivery of the work. If the creation and delivery of the work occurs in parts, the corresponding partial fee is due upon delivery of each part. Unless otherwise expressly agreed in writing, a partial fee must be paid with the first partial delivery, which must be at least half of the total fee. If the execution of an order extends over a longer period of time, Tim Alexander Söther may request partial payments in accordance with the effort incurred.
All fees are net amounts, payable plus the statutory value-added tax, due immediately without any deductions.
Additional services; ancillary and travel costs
Unless a different written agreement has been made, additional services, such as research, revision or modification of drafts, creation and presentation of further drafts, modification of construction drawings, as well as other additional services (author corrections, production supervision, and others) will be charged separately based on time spent.
Technical ancillary costs arising in connection with the design work or with design execution work (e.g., for models, interim reproductions, layout typesetting, etc.) are to be reimbursed by the client.
The client reimburses Tim Alexander Söther for costs and expenses for travel that are necessary for the implementation and fulfillment of the order or for the use of the works, after prior coordination.
The payment for additional services is due after their provision. Incurred ancillary costs are to be reimbursed as they arise. Fees and ancillary costs are net amounts that are subject to statutory value-added tax.
External services
The awarding of third-party services necessary for the fulfillment of the order or the use of the works in accordance with the contract is carried out by Tim Alexander Söther on behalf of and for the account of the client. The client is obliged to provide Tim Alexander Söther with the corresponding written authorization.
To the extent that Tim Alexander Söther, at the request of the client, awards third-party services in his own name and for his own account in individual cases, the client is obliged to pay a reasonable advance for the expected costs. The client shall indemnify Tim Alexander Söther against all liabilities, especially all costs, arising from the conclusion of the contract.
Participation of the client; design freedom; templates
The client is obliged to provide Tim Alexander Söther with all documents necessary for the fulfillment of the order in a timely manner and to the agreed extent. This particularly concerns texts, photos, logos, graphics, films, musical pieces, etc. Delays in the execution of the order that are based on the late or incomplete transfer of such documents are not the responsibility of the designer.
The client assures that he is entitled to use all documents he provides to Tim Alexander Söther. The client is also solely responsible for the accuracy and completeness of the documents he provides. Should the client not be entitled to use them or should the templates not be free from third-party rights, the client shall indemnify Tim Alexander Söther against all claims from third parties in the internal relationship.
Tim Alexander Söther has creative freedom in the context of the order. To this extent, complaints regarding the artistic design of the drafts and the work are excluded. Additional costs for changes initiated by the client during or after production shall be borne by the client.
Data delivery and handling
Tim Alexander Söther is not obliged to provide the design data or any other data (e.g. data from content, screen designs, drafts, etc.) or storage media created in fulfillment of the order to the client. If the client wishes to receive data or files, this must be separately agreed upon and compensated by the client.
If Tim Alexander Söther provides the client with files or data, they may only be used within the agreed scope. Modifications or changes to the files or data may only be made with the consent of Tim Alexander Söther.
The risk and costs of transporting storage media, files, and data are borne by the client, regardless of the method of transmission.
Tim Alexander Söther is not liable for defects in storage media, files, and data that arise during the transmission of data to the client's system.
From all reproduced works or parts of the works or other works, an appropriate number of flawless specimen copies, at least 10 pieces, must be provided to Tim Alexander Söther free of charge, which Tim Alexander Söther may also use in the context of his self-promotion.
Property and obligation to return
Only usage rights are granted for all drafts, clean drawings, and conceptual services as well as any data provided, regardless of whether they are executed or not; ownership rights are not transferred. Originals must be returned undamaged to Tim Alexander Söther no later than three months after delivery, unless a different agreement has been explicitly made.
The returns and shipments are at the risk and expense of the client. In case of damage or loss, the client is liable to cover the costs necessary for restoring the originals. Tim Alexander Söther reserves the right to claim further damages.
Correction; Production-
monitoring; Sample
Before the commencement of the reproduction of the work (start of production), proof copies must be submitted to Tim Alexander Söther.
The production will only be supervised by Tim Alexander Söther if this is agreed in a separate written agreement with the client. In this case, Tim Alexander Söther is entitled to make necessary decisions at his own discretion and to give instructions to the production companies. Tim Alexander Söther is only liable for errors in case of his own fault and to the extent of clause 10.
Warranty; Liability
Tim Alexander Söther is only liable for damages in cases of intent or gross negligence. Exempt from this are damages resulting from the breach of a contractual obligation that is essential for achieving the purpose of the contract (cardinal obligation), as well as damages resulting from the violation of life, body, or health, for which Tim Alexander Söther is liable even in cases of slight negligence.
Claims of the client against the designer due to a breach of duty expire one year after the statutory limitation period begins. Exempt from this are claims for damages according to clause 10.1; the statutory limitation periods apply to these.
The client is obliged to examine the work immediately after delivery and to report any defects without delay. Obvious defects must be reported in writing no later than two weeks after delivery. Timely sending of the complaint is sufficient to meet the deadline. In case of violation of the obligation to examine and report, the work shall be deemed accepted as free of defects.
The release of production and publication is done by the client. With the release, the client assumes liability for the technical and functional accuracy of text, image, design, and product.
Except in the case of possible selection negligence, Tim Alexander Söther is not liable for orders for third-party services that Tim Alexander Söther commissions to third parties.
Insofar as Tim Alexander Söther commissions third-party services at the client’s request in his own name and on his own account, Tim Alexander Söther hereby assigns all warranty, damage, and other claims he is entitled to due to defects, delays, or non-fulfillment against the third-party firm to the client.
The client commits to first enforce the assigned claims against the third-party firm before involving Tim Alexander Söther.Tim Alexander Söther 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 designs or his other design works that he makes available to the client for use. Tim Alexander Söther is not obliged to conduct or initiate research on design patents, trademarks, or other protective rights. This, as well as a review of the protective rights situation, will be initiated by the client himself and at his own expense.
Tim Alexander Söther is not liable for the legal permissibility of the intended use of the work or parts of the work or the designs, particularly concerning copyright, design protection, competition, or trademark law. Tim Alexander Söther is only obliged to point out legal risks, as far as these are known to Tim Alexander Söther during the execution of the order.
Place of performance
The place of fulfillment for both parties is Berlin.
Final provisions
The jurisdiction is Berlin, provided that the client is a businessman and the contract relates to the operation of his commercial business or the client is a legal entity under public law or a public law special fund or does not have a general jurisdiction in Germany. Tim Alexander Söther is also entitled to sue at the client's place of business.
The law of the Federal Republic of Germany applies, with the exception of the UN Sales Convention.
If any provision of these General Terms and Conditions is wholly or partially invalid, the validity of the remaining provisions shall not be affected.
