7art.studio

§ 1 General - Scope

1.1 The general terms and conditions serve to clarify the responsibilities and apply to all agreements between Juliane Jeske, called "designer", with the contractual partner, called "customer", in particular the areas of the design thinking workflow, graphic design, web design, web hosting, support and other artistic activities. They refer to current case law, including data protection requirements, responsibility for the content of your pages, contract drafting etc.

1.2. The deliverables, 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 explicitly 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 7 days 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 (via that Contact Form ), there is usually a free 30 minute Videocall (via Zoom or Opentalk) to discuss the individual issue. The designer than sends the offer, already signed, 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 a pre-payment of the first milestone.
Unless otherwise agreed, the offer to the client remains valid for a period of 2 weeks.

§ 3 ORDER REQUEST WORKKFLOW:

01 Survey Briefing - Project Description - Longterm Goal
02 Proposal Contract with Pre-defined Modules
03 Sign and Confirmation Terms and Conditions - Data Protection
04 De-Brief - 30min Project Call - Define Modules
+ add. Requirement Workshop 1.280€
05 Pre-Investment
06 Kick Off - I will give Access to Project Tools / Share Point
07 Data Upload - you have to provide and upload all necessary information (Img, Text, References, LogIn Data, NDA)

§ 4 BRAND DESIGN (RE-DESIGN and NEW PRODUCT DESIGN)

- 01. Brand Audit + Discovery: Logo, Colours, Fonts, Social Media,Key Words, Survey
- 02. Brand Strategy Canvas, Lean Canvas (Survey to Stakeholders)
- 03. Moodboard + Brand Survey: Moodboard creation to define the Atmosphere. This step will consist of research and experimentation. Choices will have to be made in order to move on to the next step. Preference Test /Survey / Key Word definiton
- 04. Logo, Brand Colours, Iconograpgy: Logo Drafts (Different Variations), Colours, Fonts. We will try several combinations of typography, colors and layouts, to find the best solution. A final design will be put together in a styleguide.
- 05. Design Style Guide
- 06. Print Branding Essentials: Magazine, Flyers, Event Collateral (Wristband, Plakat), Product Mockups (App Mockup, Landingpage..)
- 07. Social Media Grafiks

§6 UX STRATEGY - ANALYSIS - DISCOVERY - RESEARCH

Each step is treated as seperate Milestone with the Goal to create an Overview about all findings and discussing it ! Agree on next steps of collaboration !

- 01. UX Web and Mobile Audit + Discovery (1 week)
- 02. UX Competetitive Audit (2 weeks)
- 03. Research + User Test + Surveys (4 weeks)(getfeedback.com)
- 04. Persona Use Case Definition
- 05. Storyboard Analysis + Customer Journey Map
- 06. Jobs to be Done (Task Definition)
- 07. Information Architectur (Navigation Concept)
- 08. Concept Development + Wireframes
- 09. Prototyping (Transitions Effects)
- 10. UX Writing + Microcopy

§7 UI DESIGN

- 01. Responsive Webdesign RWD
- 02. UI Interface Design
- 03. App Design
- 04. Landing Page Design
- 05. Design System
- 06. Accessibility

Every UI Design Request is seperated in 3 phases:
1st phase: Rough Layout concept (includes early visualizations of the main ideas)
2nd phase: Fine concept (detailing, expansion and interactions)
3rd phase: elaboration (drafts are made usable as prototype)

A design draft is an applied artistic work that is created in close coordination with the client. As part of the order, the contractor has freedom of design. The design process is characterized by a step-by-step approach to the client's intention. It is only possible to a limited extent to depict the result of the creative process linguistically in advance. It is important for the designer that any deficiencies in his design work, or even deviations from the client's aesthetic ideas, are corrected as early as possible in order to lead the creative process in a successful direction. All project communication is documented and information is compiled.

§8 WEBDEVELOPMENT

- 01. Website Hosting SSL Security
- 02. Domain, Email Set up, Transfer
- 03. CMS Content Management
- 04. Responsive Development
- 05. Code Refactoring and Maintainance
- 06. Squarespace or Webflow Setup

The contractor will develop web projects using current HTML and CSS standards (currently HTML5/CSS3). The client software landscape and the relevant hardware are constantly changing. The contractor only takes into account the latest browser client versions. Older clients are not tested. In principle, the display of an HTML website may differ from the draft when used in different operating systems, devices, resolutions and browsers or settings. Through standards-compliant programming and testing with the latest browsers, the aim is to achieve a correct or adapted display on most systems. Due to the large number of variations, we cannot guarantee that the website will be displayed loss-free or exactly uniformly on all systems, devices and browsers. The constant monitoring of the availability and correct functioning of the website is not the responsibility of the contractor and is agreed in separate maintenance and support contracts.

Duties web projects & programming
To process the project, the client ensures that all logins/accesses that were necessary to process the project remain fully functional until the final invoice has been paid in full. An early withdrawal of these logins/access will be punished with a contractual penalty of 10% of the project amount, but at least €1.500. The amount is due immediately.

§9 PROJEKTMANAGEMENT & KOMMUNIKATION

01 Definition of customer communication/meetings
Customer communication includes all interactions between the customer and the designer Juliane Jeske via all communication channels offered, (not accepted is: telephone, acceptes is: email, videocall, chat, written correspondence).

02 Billing for customer communications
Cummunication will be billed based on the actual time spent in 30-minute intervals 120€/h. A complete unit will be invoiced for each unit of time commenced because every meeting requires a written protocol documentation to summarise key facts of the meeting.

03 Documentation and evidence of communication
[The designer Juliane Jeske] reserves the right to document all customer communication and video meetings record it for proof of invoice purposes (GDPR conform). Upon request, the customer will receive a detailed list of the documented communication.

04 Additional costs
Customer communication requires a personal setup and will be charged extra for every project setup via Figma and Dropbox with an additional monthly fee of 120€. If customer communication takes place outside of regular business hours or via special channels, [the designer Juliane Jeske] reserves the right to charge additional costs in accordance with the current price list.
Additional costs arise for familiarization with a new project management tool. These costs are billed as additional project costs. However, at least with a monthly flat rate of €600.

05 Liability and Obligation
The information provided through customer communication is non-binding unless confirmed in writing. [Designer Juliane Jeske] assumes no liability for misunderstandings or errors resulting from incomplete or misleading communication.
The information only becomes binding when it is documented to the customer in written form (e.g. by email, letter, in the project management tool or in a contract). This clause protects the Company from being held legally liable for unintentionally incorrect or incomplete oral statements.

§10 Acceptance of Deliverables

The respective phases/milestones are linked to the client's obligation to accept the delivered results. After a milestone has been provided, the service is deemed to have been completed. This serves as a binding basis for the contractor to further develop the following project steps. If the client wishes to make changes after deliverable, he must bear the additional costs incurred as a new Milestone or Change request. I do not offer corrections within the defined Workflow.
The client can proactively accept a provided status of deliverables at any time. By accepting the work, the client assumes responsibility for the accuracy of text, images and for the operation of websites, web shops and software. A draft/design/project/service is otherwise deemed to have been accepted/performed in accordance with the contract and free of defects if delivered by the designer and not complained within 4 days after delivery. A rejection of the deliveralble isn't possible, because a design is an indiviudal exploration service for the clients specific project. It can be adjusted in collaboartion as new Milestone or within a new project Sprint.

§11 Participation & Duties

The client and contractor undertake to support and cooperate with each other in a timely manner with the services specified in the contract. The client alone bears the costs arising from the obligations or actions to cooperate.

The Client will be adviced with Task within a Projekt Management Tool and has to respond on these Task and Questions to fullfill that Project Goal within 4 working days. If not fullfilled, that project Status and Services due that Date will be invoiced to the client.

§12 Project Deliverables

The client is liable for the accuracy of the information provided or transmitted (such as prices, dates, texts, translations). He undertakes to check the content of all media products, especially before release for production. The client undertakes to check the order protocol regularly and to raise objections immediately. The client assumes full legal responsibility for data and materials of any kind provided by him (e.g. graphics, photos, logos, texts, videos, code, etc.). He must have usage rights and permits appropriate to the intended use. The client releases the contractor from all third-party claims regarding these deliveries. The client is responsible for securing the data and materials that he sends to the contractor - regardless of the form.

The delivery of the work results takes place in the customer's project management tool or via a share point folder via Dropbox or WeTransfer.

§13 Non-compliance

If an order cannot be carried out, for example due to a lack of cooperation from the client, this does not release the client from his payment obligation. The client must then bear all project costs incurred up to that point (including third-party costs). If an order cannot be completely carried out by the contractor for important reasons (e.g. illness, over-prioritisation of other projects, etc.), the contractor is entitled to invoice the client for the work that has been carried out up to that point.

§14 Payment
The Client agrees to the payment schedule described in these Terms and Conditions.
All payments must be made without deductions. If the customer is in arrears with due payments, the contractor reserves the right not to carry out any further services until the outstanding amount has been settled and to pass on the resulting costs to the customer. The customer must raise objections due to incorrectness or incompleteness of an invoice statement within one week of receipt at the latest. Failure to make timely objections is deemed to be approval or acceptance of the service.
01 Invoices are issued in the amount of hourly rate and time spent on the project 70€ /h if not defined in specific.
02 Invoices are issued in the amount of hourly rate and work days spent on the project individually agreed with the customer.
03 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 payment for the services rendered up to that point.
04 Payment of fees is generally made by bank transfer or direct debit.
05 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.
06 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
07 The project Timeline will be extendet to the amount of days additionally due to lack of customer participation. (Fees will be charged for projects exceeding the estimated schedule)
08 The customer agrees that invoices can be sent by email.

Projects up to €500
You will receive an advance payment invoice. After the contractor has received the invoice amount and the client has received the data and materials necessary for the services, the contractually agreed services will be carried out by the contractor within a maximum of 5 days.

Projects up to €5000
First installment: 50% at the time of placing the order.
Second partial payment: 50% After completion of the order.

Projects from €5000
First installment: 30% At the time of placing the order.
Monthly payments will then be due until the order is completed, depending on the progress of the project.

§ 15 Data Protection
01 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).
02 The stored data and the knowledge about the customer and his company, which the designer learns as part of his orders, are treated confidentially.

§ 16 Art Collaboartions
01 Each order placed with the designer is a copyright contract aimed at granting rights of use to the work.
02 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.
03 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.
04 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.
05 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.

§ 17 Copyright
01 Each order placed with the designer is a copyright contract aimed at granting rights of use to the work.
02 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.
03 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.
04 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.
05 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.

§ 18 Right of Use
01. 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.
02 The rights of use are only transferred to the client after the remuneration has been paid in full.
03 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.

§ 19 Liability
01 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.
02 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.
03 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.
04 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.
05 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).
06 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.
07 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.
08 The contractor assumes no warranty for third-party software used (e.g. Typo3, Figma, Wordpress, e-shops and their extensions/plug-ins, etc.). The contractor assumes no liability for changes made by the contractor to this software (e.g. programming of extensions) after acceptance by the client. The contractor points out that any third-party software and programs used (guestbooks, form mailers, etc.) may contain undetected security risks. The contractor is not liable for damages or failures caused by defects or security gaps in third-party software or programs.

§ 20 Data - Rights of third parties
01. 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.
02. 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.
03 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.
04. 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.

§ 21 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.

§ 22 Obligations of the customer
01 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.
02 The customer must accept the designer's performance and may not be rejected for creative or artistic reasons.
03 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.

§ 23 Special services, ancillary and travel expenses
01 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.
02 Any additional design work beyond the predefined budget will be charged at a daily rate of €600.
03 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.
04 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.
05 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.
06 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.
07 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.

§ 24 Self-promotion
01 The Designer is entitled to place a name notice on the Client's website.
02 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).
03 A disagreement has to be made in written 7 days after publishing. The Case Study been made is part of teh exploration process to inform new clients about my work. Please have in mind its never a final result of the clients product.

§ 25 Applicable law and place of jurisdiction
01 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.
02 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.
03 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.
04 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.

§ 26 Other ancillary provisions
01 Subsidiary agreements must be in writing.

§ 27 Severability Clause
01 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.

- updated and legally binding from 2024-09-01