Conditions

General terms and conditions of m.one design

1. Scope

1.1. These general terms and conditions (GTC) apply exclusively to all contracts concluded between m.one design and the client. Conditions that contradict or deviate from these General Terms and Conditions do not become part of the contract, unless m.one design has expressly agreed to their validity in writing.
1.2. All agreements made between m.one design and the client for the purpose of executing this contract are set out in writing in this contract.

2. Copyright protection; Usage rights; Self-promotion

2.1. The order placed with m.one design is a copyright contract. The subject of the contract is the creation of the commissioned Werm.one design kes and the granting of rights of use to this work. The provisions of the law on work contracts and the copyright law apply.
2.2. All work by m.one design, in particular drafts, final artwork and the commissioned work as a whole, are protected as personal intellectual creations by the copyright law, the provisions of which are also deemed to be agreed if the requirements for a work protected by copyright, in particular with regard to the required level of creation (Section 2 (2) UrhG) have not been reached.
2.3. Without the consent of m.one design, their work as well as the work including the author's name may not be changed in the original or in the reproduction. Any imitation of the work or parts of the work as well as the preparatory work are not permitted.
2.4. The works of m.one design may only be used for the agreed type of use and the agreed purpose to the agreed extent. In the absence of an express written agreement, the only purpose of the contract is the purpose made recognizable by the client when placing the order.
2.5. m.one design grants the client the rights of use required for the respective purpose (Section 2.4). For this purpose, the simple right of use is granted, unless m.one design and the client make an expressly different agreement. Rights of use are only granted once the fee has been paid in full.
2.6. The transfer of granted rights of use to third parties requires the prior written consent of m.one design.
2.7. Unless otherwise agreed, m.one design must be named as the author of the duplication, distribution, exhibition, publications about the work and / or the public reproduction of the drafts and final artwork and the work. If the client violates the right to name the author, m.one design can, in addition to the fee owed for the design service, demand a contractual penalty of 100% of the fee agreed for the use or, in the absence of an agreement, the appropriate and customary fee. This does not affect the right of m.one design to claim higher damage in the event of a specific damage calculation.
2.8. Proposals, instructions and suggestions of the client for technical, creative or other reasons and his other cooperation have no influence on the fee and do not justify co-copyrights, unless the contrary has been expressly agreed in writing.
2.9. Without the prior written consent of m.one design, the client is not entitled to register formal property rights such as designs, trademarks, etc. for the drafts, final artwork or other work by the designer.
2.10. m.one design remains entitled to use the works created in fulfillment of the order or parts thereof, drafts and other work for self-promotion, regardless of the medium (e.g. in its own website, sample folder, etc.) and on its work for the client to point out.

3. fees; Due date

3.1. Unless otherwise expressly agreed between the client and m.one design, the calculation of the fee is based on the fee recommendations of the BDG - Professional Association of German Communication Designers eV, Warschauer Strasse 59a, 10243 Berlin.
3.2. The preparation of drafts is always chargeable, unless otherwise expressly agreed in writing.
3.3. The fees are due upon delivery of the work. If the work is created and delivered in parts, the corresponding partial fee is due upon delivery of the part. Unless expressly agreed otherwise in writing, a partial fee must be paid with the first partial delivery, which is at least half of the total fee. If the execution of an order extends over a longer period of time, m.one design can demand advance payments according to the effort made.
3.4. All fees are net amounts, payable plus statutory VAT, without deduction within two weeks of the due date.

4. additional services; Incidental and travel expenses

4.1. Unless otherwise agreed in writing, additional services, such as research, revision or modification of drafts, the creation and submission of further drafts, changes to work drawings and other additional services (author corrections, production monitoring and others) will be charged separately according to the time required.
4.2. Additional technical costs incurred in connection with the design work or with design execution work (e.g. for models, intermediate reproductions, layout types etc.) are to be reimbursed by the client.
4.3. The client reimburses m.one design for the costs and expenses for travel which, after prior agreement, are necessary for the execution and fulfillment of the order or the use of the works.
4.4. The remuneration for additional services is due after they have been provided. Any incidental costs incurred are to be reimbursed. Remuneration and ancillary costs are net amounts that are to be paid plus statutory VAT.

5. External services

5.1. The award of external services that are necessary for the fulfillment of the order or the use of the works to the extent stipulated in the contract is carried out by m.one design in the name and for the account of the client. The client is obliged to give m.one design the appropriate written authorization for this.
5.2. Insofar as m.one design, at the request of the client, awards third-party services in its own name and for its own account, the client is obliged to pay an appropriate advance payment for the expected costs. The client exempts m.one design internally from all liabilities, in particular all costs, that result from the conclusion of the contract.

6. Cooperation of the client; Freedom of design; templates

6.1. The client is obliged to provide m.one design with all documents that are necessary for the fulfillment of the order in good time and in the agreed scope. This applies in particular to texts, photos, logos, graphics, films, pieces of music, etc. m.one design is not responsible for delays in the execution of the order that are based on the delayed or incomplete delivery of such documents.
6.2. The client guarantees that he is entitled to use all documents that erm.one design makes available. The client is also solely responsible for the correctness and completeness of the documents he has submitted. If the client is not entitled to use them or if the templates are not free from third-party rights, the client releases m.one design internally from all third-party claims for compensation.

6.3. Designers have freedom of design within the scope of the order. To this extent, complaints regarding the artistic design of the drafts and the work are excluded. The client bears additional costs for changes made by the client during or after production.

7. Data delivery and handling

7.1. m.one design is not obliged to hand over the design data or other data (e.g. data on content, screen designs, drafts, etc.) or data carriers that were created in fulfillment of the order to the client. If the client wishes data or files to be released, this must be agreed separately and paid for by the client.
7.2. If m.one design makes files or data available to the client, these may only be used to the agreed extent. Modifications or changes to the files or data may only be made with the consent of the designer.
7.3. The customer bears the risk and costs of transporting data carriers, files and data regardless of the transmission route.
7.4. M.one design is not liable for defects in data carriers, files and data that arise during data transfer to the customer's system.

8. Ownership and obligation to return

8.1. Rights of use are only granted to all drafts, final artwork and conceptual services as well as any data made available, regardless of whether they are implemented or not, but property rights are not transferred. Originals are to be returned undamaged to m.one design no later than three months after delivery, unless another agreement has been expressly made.
8.2. The consignments and returns are at the risk and for the account of the client. In the event of damage or loss, the client has to reimburse the costs that are necessary to restore the originals. m.one design reserves the right to assert further damage beyond this.

9. correction; Production monitoring; Receipt sample

9.1. Before starting to reproduce the work (start of production) m.one design proofreading samples must be submitted.
9.2. The production will only be monitored by m.one design if this has been agreed in a separate written agreement with the client. In this case, m.one design is entitled to make necessary decisions at its own discretion and to give instructions to the production companies. m.one design is only liable for errors if it is at fault and in accordance with Section 10.
9.3. Designers are to be given an appropriate number of faultless specimen copies, at least 10 free of charge, of all reproduced works or parts of the works or other work, which m.one design may also use in the context of its own advertising.

10. Warranty; liability

10.1. m.one design is only liable for damage in the event of willful intent or gross negligence. Excluded from this are damage resulting from the breach of a contractual obligation that is essential for achieving the purpose of the contract (cardinal obligation), as well as damage from injury to life, limb or health, for which m.one design is liable even in the event of slight negligence.
10.2. Claims of the client against m.one design due to a breach of duty expire one year after the start of the statutory limitation period. Excluded from this are claims for damages in accordance with Section 10.1; the statutory limitation periods apply to these.
10.3. The client is obliged to inspect the work immediately after delivery and to report any defects immediately. Obvious defects must be reported in writing within two weeks of delivery at the latest. To meet the deadline, it is sufficient to send the notification of defects in good time. In the event of a breach of the duty to examine and notify, the work is deemed to have been accepted free of defects.
10.4. The approval of production and publication is carried out by the client. With the release, the client assumes liability for the technical and functional correctness of text, image, design and product.
10.5. With the exception of possible faulty selection, m.one design is not liable for orders for external services that m.one design assigns to third parties.
10.6. If m.one design awards third-party services at the instigation of the client in its own name and for its own account, m.one design hereby assigns to the client all warranty, compensation and other claims to which it is entitled from incorrect, late or non-fulfillment against the third party company. The client undertakes to first enforce the assigned claims against the external company before making use of desm.one design.
10.7. m.one design is not liable for the copyright, registered design or trademark protection or registrability of the work or parts of the work as well as the drafts or other design work that it leaves to the client for use. m.one design is not obliged to carry out or initiate research into designs, trademarks or other property rights. This and a review of the property rights situation are arranged by the client himself and at his own expense.
10.8. m.one design is not liable for the legal, in particular the copyright, design, competition or trademark permissibility of the intended use of the work or parts of the work or the drafts. m.one design is only obliged to point out legal risks insofar as these become known to m.one design during the execution of the order.

11. Place of performance

Place of performance for both parties is m.one design, Wasserturmstraße 9, 81827 Munich.

12. Final provisions

12.1. The place of jurisdiction is m.one design if the client is a merchant and the contract is part of the operation of his trade or if the client is a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany. Designer is also entitled to sue at the seat of the client.
12.2. The law of the Federal Republic of Germany applies with the exception of the UN sales law.
12.3. If one of the provisions of these terms and conditions is wholly or partially ineffective, the validity of the remaining provisions remains unaffected.

Status: December 26, 2020