The following terms and conditions apply to all contracts concluded between the contractor (media designer Eugen Olchin) and his client. They also apply to all future business relationships, even if they are not expressly agreed again. Deviating conditions of the client, which the designer does not expressly recognize, do not become part of the contract, even if the designer does not expressly contradict them.
- Copyright and usage rights
- Every order for media designer Eugen Olchin is a copyright contract. The subject of the contract is the creation and granting of rights of use for the graphic product commissioned. The regulations of the contract law and the copyright law apply.
- The drafts and work drawings by media designer Eugen Olchin are personal intellectual creations that are subject to copyright law. The provisions of the Copyright Act also apply if the level of creation required according to § 2 UrhG has not been reached.
- Without the consent of the media designer Eugen Olchin, your work, including the author’s name, may not be changed either in the original or in the reproduction. Any imitation, even of parts or details, is not permitted.
- The works of media designer Eugen Olchin may only be used for the agreed type of use and the agreed purpose to the agreed extent. In the absence of an express agreement, the only purpose of the contract is the purpose made apparent by the client when placing the order. Any other or further use is only permitted with the consent of the media designer Eugen Olchin and upon agreement of an additional usage fee.
- The transfer of granted usage rights to third parties requires the consent of media designer Eugen Olchin.
- The media designer Eugen Olchin is entitled to information about the extent of use.
- Suggestions and instructions of the client for technical, creative and other reasons and his other cooperation have no influence on the amount of the remuneration; they also do not establish any joint copyright, unless this has been expressly agreed.
- The media designer Eugen Olchin does not check whether the image / text material or sample provided by the customer is free from third-party rights (copyright). The customer is solely responsible for testing. The media designer Eugen Olchin assumes that the client / user is entitled to use the material.
Additional services, third-party providers, ancillary costs
- The draft (concepts, texts, graphic drafts, illustrations, composings, layouts and print files) and the respective granting of the right of use form a uniform service.
- If the media designer Eugen Olchin does not provide a cost estimate or offer, the staggered hourly rate of 45.00 EUR to 30.00 EUR applies, unless otherwise agreed in writing. The hourly rate depends on the number of hours worked per month. The value added tax is not shown as long as the media designer Eugen Olchin is exempt from sales tax according to §19 Abs. 1 USTG.
- The creation of drafts and all activities for the client are chargeable, unless otherwise agreed.
- The remuneration is payable without deduction within 14 days after receipt of the invoice. If work is delivered in parts, the corresponding partial fee is due upon delivery of the part. If the execution of an order extends over a longer period of time, the media designer Eugen Olchin can request down payments according to the workload. In the event of default in payment, further services may be denied without prior notice.
- Fees are final amounts,
The value added tax is not shown separately as long as the media designer Eugen Olchin is exempt from sales tax according to §19 Abs. 1 USTG.
- If the client has not accepted an acceptance after a reminder or after a maximum of fourteen working days after submitting the draft, the draft is deemed to have been accepted and will be invoiced.
Retention of title and risk of dispatch
- The change of drafts, the creation and submission of further drafts, the change of product drawings as well as other additional services (manuscript study, production monitoring, etc.) are charged separately according to the time required.
- Additional technical costs (e.g. for models, intermediate reproductions, layout set) incurred in connection with the design work or with the execution of drafts are to be reimbursed.
- The media designer Eugen Olchin is entitled to have services provided by third-party providers for the fulfillment of the entire project management, for whom their terms and conditions apply. The award of creative third-party services (e.g. illustrations, photos, text work, design, programming) or the award of third-party services in the course of the implementation of use (e.g. typesetting, lithography, printing, programming) is carried out by the media designer Eugen Olchin in writing on the basis of a consultation with the client made agreement in his name and on his account.
- Insofar as the media designer Eugen Olchin assigns third-party services in his own name at the instigation of the client / user, the client / user releases the media designer Eugen Olchin from any resulting liabilities.
- The remuneration for additional services is due after they have been provided. Any incidental expenses incurred are to be reimbursed. Remuneration and ancillary costs are final amounts.
Correction and production monitoring
- Only usage rights are granted to digitally and manually created drafts, work drawings and digital templates for implementation, but ownership rights are not transferred. If an agreement on the fee is reached or this service is requested when the order is placed, the media designer Eugen Olchin provides the client with the digital data.
- The originals are to be returned undamaged to the media designer Eugen Olchin after a reasonable period of time. Unless expressly agreed otherwise, digital print templates may not be used for any other purpose than that agreed.
- The dispatch and return of the work are carried out at the risk and expense of the client / user.
- Correction samples / proofs must be submitted to media designer Eugen Olchin before production begins.
- The production is only monitored by the media designer on the basis of a special agreement that authorizes him to make necessary decisions and issue instructions.
Specimen copies, copyright notices
- The media designer Eugen Olchin does not assume any liability for the admissibility of his work under competition and trademark law; the same applies to their protectability.
- With the approval of the work, the client / user assumes responsibility for the correctness of images and text.
- If the media designer Eugen Olchin commissions third-party services in his name and on his account at the instigation of the client / exploiter, he is not liable for the services and work results of the contracted service provider.
- The liability of the media designer Eugen Olchin for inadequate print products, which arose from the delivery of data with hidden defects and which were not noticed in color printouts, proofs or PDFs, is excluded if he is not commissioned with the control of the films, proofs or print approval was.
- The approval of production and publication is the responsibility of the client / user. If the client / user delegates the approval in whole or in part to the media designer Eugen Olchin in exceptional cases, he releases him from liability.
- In the event of gross negligence or willful misconduct, liability on the part of the media designer is not excluded.
- If the media designer Eugen Olchin receives the order to design a mailing (with or without a reply card), the client, as the consignor, is responsible for clarifying the modalities and costs of the dispatch with Deutsche Post (or similar).
- No guarantee is given for the content or technical accuracy of the provided digital data. Any liability for configuration and conversion services, in particular for loss of data, is excluded.
- The media designer cannot guarantee that the digital data will be made available for an unlimited period of time.
- No liability can be accepted for any virus attack from the Internet, USB sticks or CD-ROMs that are delivered to the customer, or any damage resulting therefrom.
Freedom of design
- The media designer must be given at least three faultless specimen copies of reproduced works free of charge. He is entitled to use these samples for the purpose of self-promotion.
- In the case of print projects, the media designer is permitted to add a copyright notice and the www address in a font size of up to 6 pt, unless the client makes other agreements.
- The media designer Eugen Olchin is entitled to list customers as references on the Internet and to link them to https://www.olchin.de (or from subsequent pages), unless otherwise agreed.
Place of performance and place of jurisdiction
- For the media designer Eugen Olchin there is freedom of design within the scope of the order.
Status: AGB Eugen Olchin Werbemedien 2021
- The ineffectiveness of one or more of the named provisions does not affect the effectiveness of the remaining provisions. The ineffective provision is to be replaced by an effective one that realizes the economic purpose pursued with it as far as possible.
- Place of fulfillment for both parts is the seat of the media designer Eugen Olchin.
- The place of jurisdiction is the seat of the media designer Eugen Olchin.