Terms and Conditions

1. Scope These terms and conditions apply exclusively to all contracts between the illustrator and the client. Deviating individual agreements, contract and business conditions must be in writing. The terms and conditions apply to all business transactions, including all future follow-up transactions, including those that are concluded verbally, in particular by telephone, even if they are no longer expressly referred to in the follow-up transactions.

2. Copyright and Right of Use The services to be provided by the illustrator are subject to copyright protection. The regulations of the work contract law and the copyright law apply. Simply paying a work fee does not entitle you to use it. Rather, this requires a separate agreement on the granting of rights of use and their appropriate remuneration.

3. Orders Confirmations or minutes of meetings sent by the illustrator are binding if the client does not object immediately. The illustrator is entitled to use suitable third parties to fulfill the contract. In this case, he will pay any usage and other Acquire rights to the extent owed to the client and grant them to the client.

4. Compensation All activities performed for the client, including presentations, drafts and work drawings, are subject to remuneration unless otherwise agreed in writing. Unless otherwise agreed, any remuneration promised and/or paid by the client will be credited to the individual remuneration components as follows: 50% before start 50% before the figure is printed (Normally after one month) The claim for remuneration for any rights of use granted arises regardless of whether and, if so, to what extent the client makes use of the rights of use. If no rights of use are granted, the remuneration for the use shall not apply, but not the remuneration for the work performed up to that point. Suggestions by the customer or his other cooperation have no influence on the amount of the remuneration. The fees are net amounts, which are to be paid plus the applicable sales tax. The artist's social security contribution is to be paid additionally by the client and is not included in the remuneration.

5. Terms of Payment If the contract is terminated prematurely, the illustrator retains at least the claims to the advance payments that have already become due at the time the contract is terminated according to the above payments. For the rest, § 649 BGB applies. The customer is in arrears with a payment in whole or in part if he does not pay after 14 days of delivery without a reminder being required. If the customer does not use the services to the agreed extent, he is not entitled to a reduction or refund of the payment. The client is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by the illustrator.

6. Use Rights, Ownership, Self-Promotion If agreed, only rights of use are granted for the work or services of the illustrator. A right of ownership, in particular to drafts (sketches, layouts) and work drawings (final art) that he creates or has created, is not granted. All two- and/or three-dimensional workpieces (drafts, work drawings, models, dummies, samples) handed over to the client as part of the order remain the property of the illustrator. The client has a right only granted possession for as long as he is absolutely dependent on possession of the workpieces for the contractual use of the illustrator's service. In any case, the right of ownership ends at the latest with the termination of the contractual relationship between the illustrator and him. The workpieces are to be returned undamaged after the end of the right of ownership, unless otherwise agreed in writing. The return is at the expense and risk of the customer. In the event of damage or loss, the client must pay compensation in the amount of 100% of the agreed remuneration without acquiring ownership rights through such payment. The drafts provided to the client are used for consultation with the client. The client is not granted any further rights of use. Any further contractual granting of rights of use relates exclusively to the accepted work drawing, unless otherwise expressly agreed. The services and works of the illustrator may only be used to the extent that is agreed for the order or as such results from the purpose of the order. In the absence of any other written agreements, the client only receives simple usage or other rights, and only for the agreed duration and the agreed scope of use in terms of content and space; In geographical terms, the scope of the granting of the right of use does not extend beyond the territory of the Federal Republic of Germany in the absence of any other written agreement. Any other use or use that goes beyond the originally agreed scope is only possible on the basis of a special written right of use grant and against payment of the scope the additional use in relation to the payment for the original use. The transfer of granted rights of use to third parties requires the consent of the illustrator. The illustrator has a right to information about the scope of use. suggestions or guidelines Client's as well as other cooperation do not justify any co-copyright of the client. Rights to the services provided by the illustrator, in particular rights of use, are only transferred to the customer upon full payment of the entire remuneration of the illustrator relating to the order. The illustrator has the right to sign his work and to be credited on the duplicates. When the works are digitally recorded, the name of the illustrator must be electronically linked to the image data. The client is not entitled to edit the services (neither the originals or digital files nor reproductions) in part or as a whole or to otherwise change and/or edit them or have them changed, unless this is expressly the subject of the agreed granting of rights. This additional granting of rights must be remunerated separately in any case. The illustrator is not obliged to store it afterwards. In particular, the illustrator is not obliged to keep work files that were created on the computer, including the source code, and/or to hand them over to the client. If the customer wishes to store and/or hand over files, this must be agreed and paid for separately. In the event of a violation of the rights of use, editing or naming, the illustrator is entitled to demand a contractual penalty in the amount of three times the agreed basic fee. The right to assert claims for damages, monetary compensation or other rights in addition to the contractual penalty remains unaffected. All services rendered by him may be used without restriction by the illustrator for the purpose of self-promotion, unless something else has been expressly agreed.

7. Special services, ancillary and travel expenses In the absence of other agreements, the customer is granted one (1) optimization step per draft during the design phase according to his specifications, without exchanging image elements. without this being charged as a special service. Each additional change and/or new creation and submission of drafts, the change and/or new creation of work drawings as well as other additional services (e.g. manuscript study), additional costs (e.g. couriers) or technical costs (e.g. for reproductions, data carriers) will be charged separately depending on the effort involved calculated. The illustrator will calculate the effort according to an hourly or daily rate to be set by him at his reasonable discretion, which is based on the remuneration recommendations of the I.O. (Illustrators Organization e.V.) oriented. Something else arises if such services are expressly included in the order confirmation, stating the amount of the remuneration. If the contract is not carried out for reasons for which the illustrator is not responsible, the incidental costs incurred must be reimbursed by the customer in addition to the partial remuneration to be paid according to clauses 4 and 5. The remuneration for additional services is due after they have been rendered. Accrued ancillary costs are to be reimbursed as they are incurred. Remuneration and ancillary costs are net amounts to be paid plus the applicable sales tax.

8. Participation of the client The client is obliged to provide the illustrator with all the information and data required to provide the goods and services in a common format in good time. The client ensures that the illustrator receives the rights required to use these documents. The client is also obliged to inform the illustrator, without being asked, of circumstances that may be significant for the provision of his deliveries and services and of which the client can see that the illustrator may not be aware of them. The documents provided will only be stored and returned to the client if this has been expressly agreed and only at the expense and risk of the client. If the client is in default of acceptance due to failure to cooperate, the illustrator can demand appropriate compensation. Insofar as the illustrator defines development stages together with the client and the client has to provide his own services to achieve these development stages, he is obliged to provide all services to be provided by him in good time.

9. Delivery, Delivery Time Adherence to agreed delivery dates presupposes that all technical questions have been clarified, that documents to be provided by the customer, approvals, services to be provided and other obligations of the customer are available or fulfilled in good time. If this does not happen and if a timely delivery of the service is no longer possible with an additional payment accepted by the customer for increased costs, the deadline for delivery is extended by a reasonable period of time. Fixed deals are not closed. The exception of the unfulfilled contract remains reserved. The illustrator's delivery obligations are fulfilled as soon as the work and services for dispatch have been rendered. If non-compliance with an agreed delivery period is due to force majeure, labor disputes, fire, machine breakdown, telecommunications failures, computer failures, serious illness, unforeseen obstacles or other circumstances for which the illustrator is not responsible, the delivery time will be extended for the duration of these events. This applies accordingly in the event that the illustrator is in default of delivery when one of these events occurs. Delays in performance due to force majeure will be reported to the client. If the execution of the order is delayed for reasons for which the client is responsible, the illustrator can demand compensation, which he can calculate at his reasonable discretion by increasing the remuneration appropriately in accordance with the remuneration rules agreed here. The assertion of further damage caused by delay remains unaffected by this.

10. Passing of Risk Unless otherwise stated in the order confirmation, the handover will take place at the illustrator's registered office. If the customer wishes delivery to another location, this is done at his own risk and expense. The risk is transferred to the customer upon handover to the carrier or, if such a carrier is not involved, at the latest upon receipt of the service by the customer or his vicarious agents, even if partial deliveries are made or the illustrator provides additional services (e.g. transport costs or delivery) took over.

11. Warranty for Defects, Liability The illustrator enjoys creative freedom in the artistic realization of the commission given to him. If his work does not meet the customer's taste or if his style does not correspond to the ideas of the customer, this alone does not constitute a defect in his services. The customer's warranty rights presuppose that he has checked the work and services provided by the illustrator immediately after receipt, but in any case before further processing, and has given notice of defects immediately after discovery. Minor deviations in color of the print results from the screen display or computer printout are due to technical reasons and do not represent any deviations in this respect defect. If there is a defect for which the illustrator is responsible, he is initially entitled to supplementary performance within a reasonable period of time. If the supplementary performance fails, the customer shall be entitled to do so after a reasonable period set by him for supplementary performance has expired without success entitled to withdraw from the contract or to demand a corresponding reduction in the remuneration (reduction). Subsequent performance has failed if the defect has not been remedied even after the second attempt at subsequent performance. The warranty period is 12 months, calculated from the transfer of risk. The period is a statute of limitations and also applies to claims for compensation for consequential damages, insofar as no claims from tort are asserted; the statutory limitation period applies to these. The illustrator is only liable for damages - for whatever legal reason - in the event of intent or gross negligence, including intent or gross negligence on the part of his representatives or vicarious agents. Insofar as he has not intentionally violated the contract, the liability for damages is limited to the foreseeable, typically occurring damage. Damages resulting from injury to life and limb are excluded from this limitation of liability or the health of the client as well as damage due to violations of the illustrator's cardinal obligations. Insofar as the illustrator only passes on third-party services (e.g. photographers, service providers) to the contractor, his liability is limited to fault in selection. Liability for computer viruses is excluded unless the illustrator acts intentionally or with gross negligence. The client assumes the obligation to check the legal admissibility of the services provided by the illustrator. If the services provided by the illustrator infringe the rights of third parties or are otherwise illegal because they are based on illegal specifications and/or templates from the client, the client alone is liable internally. He has to compensate the illustrator for all resulting damage, including the reasonable costs of legal defense, and to indemnify the illustrator against all third-party claims. However, the illustrator will inform the client of any legal violations associated with his services as soon as he has positive knowledge of them obtained. In particular, this liability regulation applies to factual statements or other items provided to the illustrator by the client or otherwise provided; to the same extent, the customer is liable for ensuring that all rights of use and exploitation and any other necessary rights to the materials supplied by him are available to the required extent. Insofar as the liability for damages of the illustrator is excluded or limited according to the above, this also applies with regard to the liability of his employees, workers, freelancers workers, representatives and vicarious agents.

12. Receipt Sample The client shall provide the illustrator with at least five flawless, unfolded samples of all reproduced works free of charge. The illustrator is authorized to use these patterns for self-promotion purposes to use.

13. Place of Performance, Place of Jurisdiction, Applicable Law The parties agree on the illustrator's place of business as the place of performance and, to the extent permitted by law, as the exclusive place of jurisdiction. It is only the law of the Federal Republic of Germany.

14. Final Provisions Changes and additions to the contract must be made in writing to be effective. The same applies to changes to the written form requirement. The nullity or ineffectiveness of individual provisions of the contract does not affect the validity of the remaining provisions. The same applies to loopholes. Instead of the invalid provisions or to fill in loopholes, the legally possible regulation that comes closest to what the contracting parties wanted or would have wanted according to the meaning and purpose of the contract should come into play.

Cancellation:
Before the commencement of work without issues:
Full refund: If the customer cancels the order before the start of any work, a complete refund of the amount paid will be offered.

After the commencement of work:
Cancellation before completion of installment payments: If the customer decides to cancel the order before all installments have been paid, the already paid installments will be retained, based on the value of services rendered up to that point or the progress of the project. The remaining installments will not need to be paid.