General Terms and Conditions (GTC) of Studio Nele Vos, based on the standards of the Allianz deutscher Designer e.V. (German Designers Association).
The following General Terms and Conditions apply to all commissions placed with me. They are deemed agreed upon unless immediately objected to.
1. Copyright and Usage Rights
1.1. Every commission placed with the designer constitutes a contract for a creative work, aimed at granting usage rights to the work produced.
1.2. All drafts and final artworks are subject to copyright law. The provisions of the Copyright Act apply even if the level of creative originality required under Section 2 of the Copyright Act (UrhG) is not reached.
1.3. Drafts and final artworks may not be altered—neither in their original form nor in reproduction—without the designer’s express consent. Any imitation—including of parts thereof—is prohibited. A violation of this provision entitles the designer to demand a contractual penalty amounting to twice the agreed fee. If no fee has been agreed upon, the fee customary under the SDSt/AGD tariff agreement for design services shall be deemed agreed.
1.4. The designer grants the client the usage rights necessary for the specific purpose. Unless otherwise agreed, only a non-exclusive right of use is granted. Transferring usage rights to third parties requires a written agreement. Usage rights are transferred only after full payment of the fee.
1.5. The designer has the right to be named as the creator on copies of the work. Violation of the right to be named entitles the designer to claim damages. In the absence of proof of higher damages, the compensation shall amount to 50% of the agreed fee or the fee customary under the SDSt/AGD tariff agreement for design services. The right to claim higher damages upon proof thereof remains unaffected.
1.6. Suggestions made by the Client or any other form of cooperation on their part do not affect the amount of the remuneration. They do not establish any claim to joint authorship.
2. Remuneration
2.1. Drafts and final artwork, together with the granting of usage rights, constitute a single, unified service. Remuneration is based on the SDSt/AGD tariff agreement for design services, unless other agreements have been made. Remuneration amounts are net figures; statutory value-added tax (VAT) is payable in addition.
2.2. If no usage rights are granted and only drafts and/or final artwork are supplied, the fee for usage does not apply.
2.3. If the drafts are used at a later date or to a greater extent than originally intended, the Designer is entitled to subsequently invoice for the usage or to claim the difference between the higher usage fee and the amount originally paid.
2.4. The creation of drafts and all other activities performed by the Designer for the Client are subject to a fee, unless expressly agreed otherwise.
3. Due Date of Remuneration
3.1. Remuneration is due upon delivery of the work. It is payable without deduction. If the commissioned work is accepted in stages, the corresponding partial remuneration is due upon acceptance of each stage. If an assignment extends over a long period or requires significant financial outlays by the Designer, reasonable installment payments must be made: one-third of the total remuneration upon placement of the order, one-third after completion of 50% of the work, and one-third upon delivery.
3.2. In the event of late payment, the Designer may charge default interest at a rate of 4% above the prevailing discount rate of the Deutsche Bundesbank. The right to claim proven higher damages remains unaffected.
4. Special Services, Ancillary Costs, and Travel Expenses
4.1. Special services—such as the reworking or modification of final artwork, manuscript review, or print supervision—shall be billed separately based on the time spent, in accordance with the SDSt/AGD collective agreement on design services.
4.2. The designer is entitled to commission third-party services necessary for the fulfillment of the order in the name and for the account of the client. The client agrees to grant the designer the appropriate authorization to do so.
4.3. In cases where contracts for third-party services are concluded in the name and for the account of the designer, the client agrees to indemnify the designer against all liabilities arising from the conclusion of such contracts in their internal relationship. This specifically includes the assumption of costs.
4.4. Expenses for ancillary technical costs—particularly for special materials, the creation of models, photographs, intermediate shots, reproductions, typesetting, printing, etc.—shall be reimbursed by the client.
4.5. Travel expenses and allowances for trips undertaken in connection with the order and agreed upon with the client shall be reimbursed by the client.
5. Retention of Title
5.1. Only usage rights are granted regarding drafts and final artwork; no ownership rights are transferred.
5.2. Consequently, the originals must be returned undamaged after a reasonable period, unless expressly agreed otherwise. In the event of damage or loss, the client shall reimburse the costs necessary to restore the originals. The right to claim further damages remains unaffected.
5.3. The shipment of work and source materials is at the client’s risk and expense.
5.4. The designer is not obliged to release files or layouts created on a computer to the client. If the client wishes to obtain computer data, this must be agreed upon and remunerated separately. If the designer has made computer files available to the client, these may only be modified with the designer’s prior consent.
6. Proofs, Production Supervision, and Specimen Copies
6.1. Proofs must be submitted to the designer for review prior to the execution of any reproduction.
6.2. Production supervision by the designer takes place only on the basis of a specific agreement. If the designer undertakes production supervision, they are entitled to make necessary decisions and issue appropriate instructions at their own discretion. They shall be liable for errors only in the event of their own fault and only for willful misconduct or gross negligence.
6.3. The client shall provide the designer with 10 to 20 flawless, unfolded specimen copies of all reproduced works free of charge. The designer is entitled to use these specimens for the purpose of self-promotion.
7. Liability
7.1. The designer undertakes to execute the order with the utmost care, particularly regarding the careful handling of materials, films, displays, layouts, etc., entrusted to them. They shall be liable for damages incurred only in the event of willful misconduct or gross negligence. Compensation for damages exceeding the material value is excluded.
7.2. The designer undertakes to select and instruct their agents (persons employed to perform the obligation) with care. Beyond this, they shall not be liable for the actions of such agents.
7.3. If the designer commissions necessary third-party services, the respective contractors are not considered agents of the designer. The designer shall be liable only for their own fault and only for willful misconduct or gross negligence.
7.4. Upon approving drafts, final versions, or final artwork, the client assumes responsibility for the accuracy of text and images.
7.5. The designer assumes no liability for drafts, texts, final versions, and final artwork approved by the client.
7.6. The designer is not liable for the admissibility or registrability of the work under competition or trademark law.
7.7. Any complaints must be submitted to the designer in writing within 14 days of delivery of the work. Thereafter, the work shall be deemed accepted as free of defects.
8. Creative Freedom and Source Materials
8.1. The Designer shall have creative freedom in the execution of the assignment. Complaints regarding the artistic design are excluded. Should the Client desire changes during or after production, the Client shall bear the additional costs. The Designer retains the right to remuneration for work already commenced.
8.2. If the execution of the assignment is delayed for reasons attributable to the Client, the Designer may demand a reasonable increase in remuneration. In cases of willful misconduct or gross negligence, the Designer may also assert claims for damages. The right to claim further damages resulting from the delay remains unaffected.
8.3. The Client warrants that they are entitled to use all source materials provided to the Designer. Should the Client—contrary to this warranty—not be entitled to use such materials, the Client shall indemnify the Designer against all claims for compensation brought by third parties.
9. Final Provisions
9.1. The place of performance shall be the Designer’s place of business.
9.2. The invalidity of any of the foregoing provisions shall not affect the validity of the remaining provisions.
9.3. The law of the Federal Republic of Germany shall apply.