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General terms and conditions of business

1. General information

All orders placed with Büro für Linienführung GbR are subject to these Terms and Conditions. The application of the client's order and/or business terms and conditions requires express written confirmation from Büro für Linienführung GbR.

These General Terms and Conditions apply to all contracts concluded between Büro für Linienführung GbR and its clients. They also apply to all future business relationships, even if they are not expressly agreed upon again. Any deviating terms and conditions of the client that are not expressly accepted by Büro für Linienführung GbR will not become part of the contract, even if Büro für Linienführung GbR does not expressly object to them.

The contracting parties undertake to provide each other with comprehensive information on all matters relating to the subject matter of the contract, the projects to be worked on, and the project environment. This particularly applies to knowledge and experiences that could influence the progress of the project.

Büro für Linienführung is a freelance creative agency. Achieving optimal work results is only possible on the basis of complete trust and close collaboration.

2. Commencement and duration of contract / Termination of contract / Cancellation of contract

The design contract between the client and Büro für Linienführung GbR shall come into effect upon written placement of the order by the client and written confirmation thereof by the contractor. The duration of the contract shall be agreed separately in writing in each case.

 

 The design contract may be terminated prematurely by either party without notice for good cause only. Significant breach of contract despite warning shall be deemed good cause. If the client terminates the contract prematurely for good cause without Büro für Linienführung GbR being responsible for this cause, the contractor shall be entitled to the contractually agreed fee without any deduction for any services and expenses saved. If the client terminates the contract for good cause and the designer is responsible for this cause, the designer shall only be entitled to the agreed fee for the services rendered up to that point.

3. Subject matter of the contract / Scope of the contract / Territory of contract / Scope of application

The subject matter and scope of the contract are determined by the project offer from Büro für Linienführung GbR and the client's order confirmation, in conjunction with these General Terms and Conditions of Büro für Linienführung GbR. The contract territory is the Federal Republic of Germany and the territories of the other member states of the European Union. Any additional contract territories shall be contractually agreed upon on a case-by-case basis.

4. Processing periods and deadlines

Büro für Linienführung GbR will adhere to the processing periods and deadlines specified in the jointly developed project plan wherever possible. In the event of delays caused by the client, force majeure, or industrial action, the schedule will be modified by mutual agreement.

5. Copyright and right of use

  1. All products, as well as all designs/layouts, illustrations, and final artwork, are subject to copyright law. The provisions of the Copyright Act apply between the parties even if the necessary conditions for protection are not met in individual cases. Thus, Büro für Linienführung GbR is entitled, in particular, to the copyright claims under Sections 97 et seq. of the Copyright Act.
     

  2. Büro für Linienführung GbR grants the client the rights of use required for the respective purpose. The client generally acquires only a simple right of use for one-time use.
     

  3. Exclusive usage rights, media-related or spatial exclusive rights or embargo periods must be agreed separately and require a surcharge of at least 100% on the respective basic fee.
     

  4. With the delivery of the drafts and final artwork, only the right of use is transferred for the one-time use of the drafts and final artwork for the purpose specified by the client and in the publication and in the medium or data carrier specified by the client or which results from the circumstances of the order.
     

  5. Any use, exploitation, reproduction, distribution or publication of the drafts and final artwork beyond that stated in section 4 is subject to a fee and requires the prior express consent of Büro für Linienführung GbR.
     

  6. The rights of use are only transferred to the client after full payment of the fee.
     

  7. The Client is not entitled to transfer the rights of use granted to him in whole or in part to third parties, including other group companies or subsidiaries.
     

  8. Suggestions and instructions from the client or its employees and agents (briefing) have no influence on the amount of remuneration. They do not constitute co-authorship.

6. Ownership of designs and data

  1. Only rights of use are granted for drafts and final artwork, but ownership is not transferred.
     

  2. The originals must be returned to Büro für Linienführung GbR undamaged within a reasonable period of time, unless otherwise agreed in writing. In the event of damage or loss, the client shall reimburse the costs necessary to restore the originals. The right to assert claims for further damages remains unaffected.
     

  3. Any data and files created in the performance of the contract remain the property of Büro für Linienführung GbR. Büro für Linienführung GbR is not obligated to release data and files to the client. If the client requests their release, this must be agreed upon separately and paid for.
     

  4. If Büro für Linienführung GbR has made data and files available to the client, these may only be changed with the prior consent of the designer.
     

  5. The shipment of all items referred to in clauses 6.1 to 6.4 shall be at the risk and expense of the Client.

7. Correction / Production Monitoring

Proof samples must be submitted to Büro für Linienführung GbR prior to reproduction. Production monitoring by Büro für Linienführung GbR is only carried out by special agreement. If Büro für Linienführung GbR assumes production monitoring, it is authorized to make the necessary decisions and issue appropriate instructions at its own discretion.

8. Naming the designer / labeling requirement

By agreement, the client may name Büro für Linienführung GbR as the designer on works designed by Büro für Linienführung GbR. The form of such labeling shall be agreed upon. Büro für Linienführung GbR may request that products manufactured according to its design, advertising materials, websites for them, and publications about them, be labeled with a designation of Büro für Linienführung GbR, at Büro für Linienführung GbR's discretion, if this is technically feasible, the overall impression of the product is not impaired, and the legitimate interests of the client are not violated.

9. Documents and free copies

Büro für Linienführung GbR receives 1 – 10 specimen copies from the first series from each client produced according to its design, free of charge to Büro für Linienführung GbR for archiving, exhibition and reference purposes.

10. Liability

  1. Unless otherwise stipulated in the contract, Büro für Linienführung GbR is liable, regardless of the legal basis, only for intent and gross negligence.
     

  2. For orders placed with third parties in the name and on behalf of the client, Büro für Linienführung GbR assumes no liability to the client, unless Büro für Linienführung GbR is at fault in the selection process. In these cases, Büro für Linienführung GbR acts solely as an intermediary.
     

  3. By approving drafts or final artwork, the client assumes responsibility for the technical and functional accuracy of the product, text, and images. A proof will be sent to the client for review of the typesetting, colors, and page layout. Büro für Linienführung GbR assumes no liability for drafts, final artwork, or proofs approved in this way by the client.
     

  4. Complaints regarding obvious defects must be submitted in writing to Büro für Linienführung GbR within 14 days of delivery of the work. Timely dispatch of the complaint is sufficient to meet this deadline.
     

  5. Prior to creating a logo, the client must verify whether the name or content of the logo is copyrightable and legally usable. This copyright review should be conducted by a lawyer or the trademark and patent office. Büro für Linienführung GbR assumes no liability or responsibility for the designed word and image trademarks. The client is responsible for having them checked for trademark law prior to use.
     

  6. Büro für Linienführung GbR assumes no liability for the accuracy of the content or for spelling errors. To ensure the accuracy of the content, we recommend having it reviewed by an editor or proofreader.
     

  7. Büro für Linienführung GbR is not liable for errors that occur when applying for internet access or when applying for an internet address for the first time. This service is not offered as a service, but is only provided in exceptional cases as a means of assistance and support for the customer.

11. Fee

  1. The services provided by Büro für Linienführung GbR and their fees are set forth in a contract or project proposal from Büro für Linienführung GbR. The fee structure for the designer's services, as well as any deviating agreements regarding the transfer and compensation of usage rights, are included in the proposal. By placing an order, the client legally accepts the scope of services, the type and amount of the fee, and the usage agreements. Fees are net amounts, payable subject to statutory VAT.
     

  2. Even the preparation of drafts is subject to a fee unless otherwise agreed in writing. If the drafts are used to a greater extent than originally intended, Büro für Linienführung GbR is entitled to subsequently demand the difference between the higher fee for the actual use and the fee originally received.

12. Due date of payment / acceptance / default

  1. The Office for Line Management reserves the right to invoice the ordered work and services in installments. These fees are payable without deductions. The partial payment will be clearly communicated to the client in advance.

    If an order extends over a longer period of time or requires significant financial advance payments from Büro für Linienführung GbR, appropriate interim payments must be made, namely 1/3 of the total remuneration upon award of the order, 1/3 upon completion of 50% of the work, and 1/3 upon delivery.

    Should the client terminate the contract prematurely, the communication designer will receive the agreed remuneration, but must offset any expenses saved or substitute orders completed or maliciously omitted (Section 649 of the German Civil Code). However, the parties agree on a lump sum for the services and expenses provided up to the termination date as follows: In the event of termination before the start of work: 10% of the agreed remuneration; if no such agreement is reached, 10% of the standard remuneration according to the AGD collective agreement for design services (latest version) applies. Furthermore, deviating individual agreements are of course possible. The client reserves the right to provide evidence of actually lower services or higher expenses.
     

  2. Acceptance may not be refused for design or artistic reasons. Within the scope of the contract, freedom of design exists.
     

  3. Invoices are payable within 14 days of invoicing without deductions and free of charge. If the client fails to pay by the agreed payment deadline, they will be in default from the first day after the due date, without the need for a separate reminder. Objections to invoices must be submitted in writing immediately upon receipt.
     

  4. Payments are only considered made upon credit to an account of Büro für Linienführung GbR. Checks will only be accepted as payment upon prior written agreement.
     

  5. Büro für Linienführung GbR reserves the exclusive ownership rights to all designs, illustrations and final artwork until the contractually agreed remuneration has been paid.
     

  6. In the event of late payment, Büro für Linienführung GbR may charge default interest at a rate of 8 %. This does not affect the right to claim proven higher damages.

13. Special services / incidental and travel expenses

  1. Special services such as reworking or altering final artwork, manuscript study or print monitoring are charged separately based on the time required.
     

  2. After prior consultation with the client, Büro für Linienführung GbR is authorized to commission the third-party services necessary to fulfill the contract in the client's name and for its account. The client undertakes to grant Büro für Linienführung GbR the appropriate authority to do so.
     

  3. To the extent that, in individual cases, contracts for third-party services are concluded in the name and for the account of the communication designer, the client undertakes to indemnify Büro für Linienführung GbR internally from all liabilities arising from the conclusion of the contract.
     

  4. Expenses for technical incidental costs, in particular for special materials, for the production of models, photos, intermediate shots, reproductions, typesetting and printing, etc., must be reimbursed by the client.
     

  5. Travel costs and expenses for trips undertaken in connection with the order and agreed upon with the client must be reimbursed by the client.

14. Confidentiality / Mutual secrecy / Data protection

All information obtained by Büro für Linienführung GbR during its collaboration with the client will be treated with strict confidentiality and will only be shared with third parties if necessary for project execution and if previously agreed upon. The client also undertakes to treat all information obtained by Büro für Linienführung GbR during the collaboration as strictly confidential, unless previously agreed upon. This agreement also applies beyond the duration of the collaboration.

15. Final provisions

  1. The possible invalidity or ineffectiveness of one or more provisions of these Terms and Conditions shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision that most closely approximates the intended economic and legal intent.
     

  2. Place of performance and jurisdiction is Stuttgart.
     

  3. The law of the Federal Republic of Germany applies.

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