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Terms & Conditions

EiCURA Corporate Designs

Dammstrasse 16A

86152 Augsburg

Germany

+49 1522 764 00 50

mail@eicura.com

Latest Update

The GTC were last updated

on 2020-10-01.

Preamble

EiCURA Corporate Designs is creatively active. The achievement of an optimal work result is only possible on the basis of full confidence and close cooperation.

 


1. General conditions

1.1 The present general terms and conditions (GTC) apply to all business relations between EiCURA Corporate Designs and its clients. The General Terms and Conditions shall only apply if the customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.

1.2 The GTC apply in particular to all contracts for the provision of communication design services, especially the creation of copyright-protected works. Unless otherwise agreed, the GTC in the version valid at the time of the order or in any case in the version last communicated to the customer in text form as a framework agreement also apply to similar future contracts without EiCURA Corporate Designs having to refer to the GTC again in each individual case.

1.3 The AGB of EiCURA Corporate Designs apply exclusively. Deviating, conflicting or supplementing general terms and conditions of the customer only become part of the contract if and insofar as EiCURA Corporate Designs has expressly agreed to their validity. This approval requirement is valid in any case, for example also if EiCURA Corporate Designs in the knowledge of the AGB of the customer renders the achievement to him without reservation.

1.4 Individual agreements made with the customer in the individual case (including collateral agreements, supplements and amendments) have priority over these GTC in any case. For the contents of such agreements, subject to proof to the contrary, a written contract or a written confirmation of EiCURA Corporate Designs is authoritative.

1.5 Legally relevant declarations and notifications of the customer with regard to the contract (e.g. setting of a deadline, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. letter, e-mail, fax). Statutory formal requirements and further evidence, in particular in the event of doubts about the legitimacy of the person making the declaration, shall remain unaffected.

1.6 References to the validity of statutory provisions shall only have to clarify significance. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC.


2. Copyright and rights of use

2.1 Each EiCURA Corporate Designs given order is a copyright work contract, which is directed at the grant of rights of use at the work achievements. 

2.2 All drafts and final artwork are subject to copyright law. The provisions of the Copyright Act shall apply between the parties even if the necessary protection requirements should not be given in individual cases. Thus EiCURA Corporate Designs stands, in particular, the copyright claims from §§ 97ff. UrhG to. 

2.3 The drafts and final artwork may be changed neither in the original nor in the reproduction without explicit approval by EiCURA Corporate Designs. Every imitation - also of parts - is inadmissible. An offence against this regulation entitles EiCURA Corporate Designs to require a contractual penalty at a value of the double agreed remuneration. If such remuneration is not agreed, the usual remuneration according to the AGD collective agreement for design services (latest version) is considered as agreed. 

2.4 EiCURA Corporate Designs grants the customer the rights of use necessary for the purpose. As far as nothing else is agreed, only the simple right of use is granted in each case. A transfer of the rights of use to third parties requires a written agreement. 

2.5 The rights of use shall only be transferred to the customer after full payment of the remuneration by the customer. 

2.6 EiCURA Corporate Designs has the right to be named on the duplication pieces and in publications about the product as the originator. A violation of the right to name entitles EiCURA Corporate Designs to compensation. Without proof, EiCURA Corporate Designs can demand 100% of the agreed or after the AGD collective agreement for services (newest version) usual remuneration beside this as compensation.

3. Ownership of drafts and data

3.1 Only rights of use are granted for drafts and final artwork, but no property rights are transferred. 

3.2 The originals are therefore to be returned undamaged to EiCURA Corporate Designs as soon as the customer no longer needs them urgently unless expressly agreed otherwise. In case of damage or loss, the customer has to reimburse the costs which are necessary to restore the originals. The assertion of further damage remains unaffected. 

3.3 Also by the fulfilment of the contract originating data and files remain in the property of EiCURA Corporate Designs. EiCURA Corporate Designs is not obliged to hand over data and files to the customer. If the customer wishes their publication, this is to be agreed separately and to be remunerated. 

3.4 If EiCURA Corporate Designs has provided the customer with data and files, these may be changed only with previous approval by EiCURA Corporate Designs. 

3.5 The dispatch of the works and templates is at the risk and expense of the customer.

 


4. Freedom of design and templates

4.1 For EiCURA Corporate Designs there is freedom of design within the scope of the order. If the client wishes changes during or after production, he has to bear the additional costs. EiCURA Corporate Designs keeps the claim for remuneration for already begun work.

4.2 The customer assures that he is entitled to the use of all templates handed over to EiCURA Corporate Designs. Should he not be entitled to the use contrary to this insurance, the customer releases EiCURA Corporate Designs from all claims for compensation of third parties.


5. Specimen copies, production supervision and self-promotion

5.1 Before execution of the duplication EiCURA Corporate Designs correction samples are to be submitted. 

5.2 The production supervision by EiCURA Corporate Designs is only carried out on the basis of a special agreement. In case of taking over the production supervision, EiCURA Corporate Designs is entitled to make the necessary decisions and to give corresponding instructions at its own discretion. 

5.3 The customer hands over five perfect specimen copies of all reproduced works to EiCURA Corporate Designs free of charge. EiCURA Corporate Designs is entitled to use these samples and all in fulfilment of the contract developing works for the purpose of the self-promotion in all media and to refer in all other respects to the action for the customer.


6. Remuneration

6.1 Draft and work drawing as well as the granting of the right to use form a uniform service. 

6.2 If the customer withdraws from the business for an undefined reason, EiCURA Corporate Designs has the right to charge the full amount for the services rendered up to this point in time.

6.3 The calculation of the fees is based on the fee recommendations of the Association of German Graphic Designers, unless expressly agreed otherwise. 

6.4 It is not customary in the profession to work free of charge, in particular, to create designs free of charge. All services provided by the Designer are subject to a fee; special and additional services, in particular those resulting from requests for changes, are subject to a fee and must be remunerated by the Principal.

6.5 Suggestions and instructions from the Principal for technical, creative or other reasons and his other cooperation shall not affect the fee; they shall not establish any co-author's rights either unless this has been expressly agreed. 

6.6 Unless otherwise stated in the order confirmation, the fee is due upon delivery of the work. If work is delivered in parts, the corresponding partial fee shall be due upon delivery of the part. If the execution of the order is delayed for reasons for which the customer is responsible, EiCURA Corporate Designs can demand an appropriate increase in the remuneration; in the event of a delay of more than 2 weeks for which the customer is responsible, EiCURA Corporate Designs can invoice the services rendered so far and demand partial remuneration for this. EiCURA Corporate Designs can also demand partial remunerations if the processing of the order exceeds a period of two months.

6.7 In case of default of payment EiCURA Corporate Designs can demand default interest in the amount of nine percentage points above the respective base interest rate (§ 247 BGB) p.a.

7. Additional services, incidental expenses and travel expenses

7.1 Special services such as the reworking or modification of drafts will be charged separately according to the time required. 

7.2 Incidental technical costs incurred in connection with design work or design execution work (e.g. models, interim reproductions, layout typesetting) shall be reimbursed. 

7.3 For journeys which are necessary for the execution of the order/use after consultation with the customer/user the arising costs and expenses will be charged; in this connection, EiCURA Corporate Designs is entitled to charge at least the tax-recognised lump sums (in particular flat-rate catering allowance, flat-rate travel expenses) even without proof of the actual costs. 

7.4 As far as EiCURA Corporate Designs assigns external services (e.g. lithography, print execution, dispatch) in its own name, the principal/user releases EiCURA Corporate Designs from liabilities resulting from this. 

7.5 The remuneration for additional services is due immediately after their performance.


8. Liability

8.1 As far as nothing else results from these GTC including the following regulations, EiCURA Corporate Designs is liable in case of a violation of contractual and non-contractual obligations according to the legal regulations.

8.2 On compensation EiCURA Corporate Designs is liable - no matter for which legal reason - within the scope of the liability for fault with intention and coarse negligence. With simple negligence, EiCURA Corporate Designs is liable, subject to legal liability limitations (e.g., care in own affairs; insignificant duty injury), only

a. for damages resulting from injury to life, body or health

b. for damages from the injury of an essential contractual obligation (obligation whose fulfilment makes the proper execution of the contract at all possible and on whose observance the customer trusts and may trust regularly); in this case, the liability is limited by EiCURA Corporate Designs however to the replacement of the foreseeable, typically occurring damage.

8.3 The limitations of liability resulting from para. 2 shall also apply vis-à-vis third parties as well as in the case of breaches of duty by persons (also in their favour) whose fault EiCURA Corporate Designs is responsible for according to statutory provisions. They shall not apply insofar as a defect was fraudulently concealed or a guarantee was assumed and for claims of the customer under the Product Liability Act.

8.4 Because of a breach of duty which does not consist in a lack, the customer can withdraw or quit only if EiCURA Corporate Designs has to represent the breach of duty. A free right of termination of the customer (in particular according to § 648 BGB) is excluded. Otherwise, the legal requirements and legal consequences apply.

8.5 Insofar as EiCURA Corporate Designs at the instigation of the customer orders external services in his name, he is not liable for the works and services of the commissioned persons.

8.6 The general period of limitation for claims arising from material defects and defects of title is one year from the date of performance. If acceptance has been agreed, the limitation period shall commence upon acceptance. The statutory special regulations on the statute of limitations (§ 438 para. 1 no. 1, no. 2, para. 3 BGB, §§ 444, 445b BGB, § 634a para. 1 no. 2, para. 3 BGB) shall remain unaffected.

8.7 The above limitation periods shall also apply to contractual and non-contractual claims for damages of the Customer which are based on a defect in performance unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in an individual case. Claims for damages of the customer according to No. 8.2 Sentence 1 and 8.2 Sentence 2 a. as well as according to the Product Liability Act shall be subject to the statutory limitation periods.

8.8 The release of production and publication is the responsibility of the client. If the customer delegates in exceptional cases the release in its entirety or in parts to EiCURA Corporate Designs, he releases EiCURA Corporate Designs from the liability.

9. Final provisions

9.1 For these GTC and the contractual relationship between EiCURA Corporate Designs and the customer the right of the Federal Republic of Germany is valid under the exclusion of international uniform law, in particular the UN-purchase right.

9.2 If the customer has no general place of jurisdiction in Germany (§ 38 para. 2 sentence 1 ZPO), the exclusive, also international place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of EiCURA Corporate Designs in Augsburg. EiCURA Corporate Designs is however in all cases also entitled to raise a complaint at the place of performance of the service obligation or at the general area of jurisdiction of the customer. Preceding legal regulations, in particular to exclusive jurisdictions, remain untouched.

9.3 The invalidity of any of the above terms and conditions shall not affect the validity of the remaining provisions.