7art.studio

§ 1 General - Scope

1.1 The general terms and conditions apply to all legal transactions between Juliane Jeske, called "designer", with the contractual partner, called "customer", in particular the areas of graphic design, web design, web hosting, support and other artistic > activities 1.2. The deliveries, services and offers of the designer are based exclusively on these terms and conditions. These also apply to future business relationships, even if they are not expressly agreed again. These General Terms and Conditions take precedence over deviating conditions of the customer. Counter-confirmations by the customer with reference to his terms and conditions are hereby contradicted.
1.3. The customer will be informed in writing of any changes to these General Terms and Conditions. If the customer is an entrepreneur, they are deemed to have been approved if the customer does not object in writing. The customer must send the objection to the designer within 2 weeks after notification of the changes. If the customer is a consumer, it only applies once the customer has failed to declare a change.

§ 2 Conclusion of contract

2.1. When a new client contacts the designer about a service, there is usually a free 30 minute Zomm call to discuss the individual issue. The designer then sends the offer, already signed by him, in which all the services to be provided by him are listed, the price to be paid by the customer and the period of time for the provision of the service. The contract between the new customer and the designer is formed when the designer receives payment of the first milestone.
Unless otherwise agreed, the offer to the client remains valid for a period of 3 weeks.

§ 3 data protection
3.1 The contractual partner agrees that, within the framework of the contract concluded with him, personal data may be stored, changed and/or deleted and transmitted to third parties as part of the contract execution. This applies in particular to the transmission of data required for registering and/or changing a domain (Internet address).
3.2 The stored data and the knowledge about the customer and his company, which the designer learns as part of his orders, are treated confidentially.

§ 4 Copyright
4.1 Each order placed with the designer is a copyright contract aimed at granting rights of use to the work.
4.2 All drafts and final artwork are subject to copyright law. The provisions of the Copyright Act also apply if the level of originality required under § 2 UrhG has not been reached.
4.3 The copyright in all works created by the designer (including drafts) remains with the designer. They may not be altered or imitated without the consent of the designer. The customer is entitled to use the works created by the designer within the scope of the contractual purpose.
4.4 Passing on the right of use to third parties is only permitted with the consent of the designer. A violation entitles the designer to demand a contractual penalty of 100 percent of the agreed remuneration in addition to the remuneration to be paid anyway.
4.5 The designer is to be named as the author of the print templates. A breach of this provision entitles the designer to demand a contractual penalty of 100 percent of the agreed remuneration in addition to the remuneration to be paid anyway.

§ 5 Right of Use
5.1. The designer grants the client the rights of use required for the respective purpose. Unless otherwise 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.
5.2 The rights of use are only transferred to the client after the remuneration has been paid in full.
5.3 The drafts and final artwork may only be used for the agreed scope of use (in terms of time, space and content). Use beyond the agreed scope of use (in terms of time, space and content) is not permitted and entitles the designer to demand a contractual penalty of 100 percent of the agreed remuneration for this extended use in addition to the remuneration paid.

§ 6 Liability
6.1 The client bears the risk of the legal admissibility of the activity and creation of projects by the designer. The customer indemnifies the designer against third-party claims if the designer has acted at the customer's express request, although the designer has informed the customer of his concerns about the admissibility of the measures.
6.2 The Designer assumes no liability towards the customer for orders placed with third parties in the name and for the account of the customer. In these cases, the designer only acts as an intermediary.
6.3 If the designer considers an examination under competition law by a particularly competent person or institution to be necessary for the measures to be carried out, the customer shall bear the costs after consultation.
6.4 The designer is liable to the client for damage caused by him or his vicarious agents intentionally or through gross negligence. In the event of damage resulting from injury to life, limb or health, damage that is due to the breach of an essential contractual obligation and damage that is due to the lack of a guaranteed quality, the designer is liable for himself and his vicarious agents in the event of simple negligence.
6.5 In the event of liability for breach of an essential contractual obligation, liability is limited to the contractually typical and foreseeable damage, at most to an amount equal to the annual fee to be paid by the customer (web hosting) or at most to the amount of the fee for the agreed service (web design, graphic design).
6.6 The Designer is not liable for the placement of the website in search engines. Tracking and monitoring the success of a website in search engines requires an individual contract.
6.7 With the approval of drafts or final artwork by the client, the client assumes responsibility for the technical and functional correctness of the product, text and image.

§ 7 Data - Rights of third parties
7.1. The customer provides all data (texts/images/videos etc.) necessary to create the website or the design product to be created in digital form. If the customer's data has to be transmitted in digital form, this will be charged as additional work.
7.2. The customer assures that he has the appropriate right of use for the data he has provided (texts/images/videos etc.) and that the consent of the persons depicted is available, if applicable.
7.3 The designer is not obliged to check the data provided by the customer (texts/images/videos etc.) for their legal acceptability or for the rights of third parties. However, he reserves the right not to use the data provided by the customer (texts / images / videos etc.) whose content is legally questionable until the customer can prove this.
7.4. The customer is obliged to assume all legal responsibilities, in particular with regard to copyright protection, protection of minors, press law and the "right to one's own picture". The customer exempts the designer from all claims of third parties with regard to the data provided (texts / images / videos etc.). The customer shall inform the designer immediately of any legitimate violations of the law.

§ 8 Loss of Data
If the data provided by the customer (texts / images / videos etc.) is lost, the designer is only liable in the event of intent or gross negligence. The client undertakes to forward all necessary data to the designer free of charge, except in the case of intent or gross negligence.

§ 9 Obligations of the customer
9.1 The customer is obliged to provide all data (texts, images, videos, etc.) required for the creation of the agreed design service within 3 working days after the conclusion of the contract. If this deadline is not met, the contractually agreed performance deadline is extended by the time of the delay.
9.2 The customer must accept the designer's performance and may not be rejected for creative or artistic reasons.
9.3 The client is obliged to accept and pay for the designer's services before the end of the contractually stipulated period if the design service is created earlier than stipulated in the contract.

§ 10 Fee and payment modalities
10.1 Invoices are issued in the amount of the price individually agreed with the customer.
10.2 The fee to be paid results from the contract. If the execution of the order is delayed for reasons for which the customer is responsible, the designer can demand an advance payment for the services rendered up to that point. Payment of fees is generally made by bank transfer or direct debit.
10.3 Partial invoices can be issued from an invoice amount of €1,000. For orders that exceed an invoice amount of €5,000, a deposit of 30% is required. If the customer is in arrears with payments due, the designer reserves the right not to carry out further services until the outstanding amount has been settled and to pass on the resulting costs to the customer. The customer must raise complaints about the inaccuracy or incompleteness of an account statement within 7 days of receipt at the latest. The waiver of timely objections is deemed to be consent.
10.4 In the event of default in payment, the Designer can demand default interest of 8 percentage points above the respective base interest rate of the European Central Bank p.a 10.5 Fees will be charged for projects exceeding the estimated schedule due to lack of customer participation.
10.6 The customer agrees that invoices can be sent by email.

§ 121 Special services, ancillary and travel expenses
12.1 The creation of drafts and all other activities that the designer carries out for the client are subject to a fee, unless expressly agreed otherwise.
11.2 Any additional design work beyond the predefined budget will be charged at a daily rate of €600.
11.3 After prior agreement with the customer, the designer is entitled to order the external services required to fulfill the order in the name and for the account of the customer. The client undertakes to grant the designer a corresponding power of attorney.
11.4 If, in individual cases, contracts for external services are concluded in the name and for the account of the designer, the client undertakes to release the designer internally from all liabilities resulting from the conclusion of the contract.
12.5 Expenses for technical ancillary costs, in particular for special materials, for the production of models, photos, intermediate recordings, reproductions, typesetting and printing etc. are to be reimbursed by the customer.
12.6 In the case of an order for graphic design (e.g. business cards, flyers, stationery), printing will only take place after the customer has approved the sample. In the event that the work is carried out according to the approved sample, the designer is not liable for errors.
12.7 Travel costs and expenses for trips to be carried out in connection with the order and agreed with the client are to be reimbursed by the client.

§ 13 Self-promotion
13.1 The Designer is entitled to place a name notice on the Client's website.
13.2 The customer agrees that websites or graphics created for him may be displayed as a reference (e.g. on the web designer's company website or in galleries).

§ 14 Applicable law and place of jurisdiction

14.1 The law of the Federal Republic of Germany applies exclusively to these terms and conditions and the entire legal relationship between the customer and the web designer, with the exception of the UN sales law.
14.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance is Berlin.
14.3 If the customer is a merchant, a legal entity under public law or a special fund under public law,
the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of Juliane Jeske. The same applies if the customer does not have a general place of jurisdiction in Germany or if their domicile or habitual abode is not known at the time the action is filed.
14.4 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is, at my option, Berlin. The designer can only be sued at the place of jurisdiction in Berlin.

§ 15 Other ancillary provisions
15.1 Subsidiary agreements must be in writing.

§ 16 Severability Clause
16.1 Should individual provisions of this contract be or become wholly or partially invalid, this shall not affect the legal validity of the remaining provisions. It should be replaced by an appropriate provision which, to the extent permitted by law, comes as close as possible to what was intended or intended with the invalid provision.