Comeniusstr. 18 30451 Hannover Germany
Tax number: 24/104/05953
fon: (+49 511) 3 59 64 55 mailjanbintakiesde
Jan Bintakies Comeniusstr. 18 30451 Hannover
Phone: 0511 3 59 64 55 Telefax: 0511 3 59 64 55 E-mail: firstname.lastname@example.org
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. Our e-mail address can be found above in the site notice.
We are not willing or obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.
(according to the guidelines of the Illustratoren Organisation e. V.)
These terms and conditions apply exclusively to all contracts between the Illustrator and the Customer. Deviating individual agreements, contractual and business conditions must be in writing. The Terms and Conditions shall apply to all business transactions, including all future follow-up transactions, including those concluded orally, in particular by telephone, even if they are no longer expressly referred to in the follow-up transactions.
The services to be provided by the illustrator are subject to copyright protection. The provisions of the law on contracts for work and services and the copyright law shall apply. The payment of a fee for the work alone does not yet entitle the user to use the work. Rather, this requires a separate agreement on the granting of rights of use and their appropriate remuneration.
Confirmations or minutes of meetings transmitted by the Illustrator are binding if the Customer does not immediately object. The Illustrator is entitled to engage suitable third parties for the performance of the contract. In this case, he will acquire their possible rights of use and other rights to the extent owed to the Customer and grant them to the Customer.
All activities performed for the Client, including presentations, drafts and working drawings, are subject to remuneration, unless otherwise agreed in writing.
The remuneration shall consist of: a) the design fee b) the remuneration for work drawings c) the remuneration for the granting of the rights of use to the work drawing.
In the absence of other agreements, any remuneration promised and/or paid by the client shall be credited to the individual remuneration components as follows: 30 % to the design remuneration 30 % of the remuneration for the work drawings 40 % to the rights of use, if such are granted.
The claim to remuneration for any rights of use granted shall arise irrespective of whether and, if so, to what extent the Client makes use of the rights of use. If no rights of use are granted, the remuneration for the use shall lapse, but not the remuneration for the work performed up to that point. Suggestions made by the client or his other cooperation shall have no influence on the amount of remuneration.
If no rights of use are agreed, the distribution changes as follows: 50 % to the design remuneration 50 % to the work drawing remuneration.
The remunerations are net amounts, which are to be paid plus the applicable value added tax. The artist's social security contribution is to be paid additionally by the client and is not included in the remuneration.
The remuneration is due upon delivery. It is payable without deduction. If an order takes more than four weeks to complete or if it requires the Illustrator to make financial advance payments that exceed 50% of the remuneration to be paid, the following advance payments shall be made: 1/3 of the total remuneration upon placement of the order 1/3 after completion of 50% of the work 1/3 after delivery.
If the contract is terminated prematurely, the Illustrator shall retain at least the claims to the advance payments already due at the time of termination of the contract in accordance with the above. In all other respects, § 649 of the German Civil Code (BGB) shall apply. The Customer shall be in default of payment, in whole or in part, if it fails to make payment within 14 days of delivery, without the need for a reminder.
If the client does not use the services to the agreed extent, this shall not entitle him to a reduction or refund of the remuneration. The Customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged by the Illustrator.
To the extent agreed, only rights of use are granted to the work or services of the Illustrator. A property right, in particular to drafts (sketches, layouts) and work drawings (final art), which he creates or has created, is not granted. All two- and/or three-dimensional workpieces (drafts, working drawings, models, dummies, samples) handed over to the Customer as part of the order remain the property of the Illustrator. The Customer is granted a right of possession only for as long as it is absolutely dependent on possession of the workpieces for the contractual use of the Illustrator's services. In any case, the right of possession ends at the latest upon termination of the contractual relationship between the Illustrator and the Customer.
The workpieces must be returned undamaged at the end of the right of possession, unless otherwise agreed in writing. The return shall be at the expense and risk of the Customer. In the event of damage or loss, the Client shall pay damages in the amount of 100% of the agreed remuneration, without acquiring ownership rights through such payment.
The drafts provided to the client are for the purpose of consultation with the client. Further rights of use are not granted to the client. Any further contractual granting of rights of use shall relate exclusively to the accepted work drawing, unless expressly agreed otherwise. The Illustrator's services and works may only be exploited to the extent agreed for the order or resulting from the purpose of the order.
In the absence of any written agreement to the contrary, the Customer shall only be granted simple rights of use or other rights, and only for the agreed duration and the agreed scope of use in terms of content and territory; in the absence of any written agreement to the contrary, the scope of the granting of rights of use shall at least not extend beyond the territory of the Federal Republic of Germany.
Any other use or use beyond the originally agreed scope shall only be permissible on the basis of a special written grant of the right of use and against payment of a remuneration corresponding to the scope of the additional use in relation to the remuneration for the original use.
The transfer of granted rights of use to third parties requires the Illustrator's consent. The Illustrator is entitled to be informed about the scope of use. Suggestions or specifications of the Customer as well as other cooperation shall not constitute a joint copyright of the Customer. Rights to the Illustrator's services, in particular rights of use, shall not pass to the Customer until payment in full of the Illustrator's entire remuneration for the order.
The illustrator has the right to sign his work and to be named as the author on the reproductions. When the works are digitally recorded, the Illustrator's name must be electronically linked to the image data.
The Customer is not entitled to edit or otherwise alter and/or have edited or altered the work (neither the originals or digital files nor reproductions) in parts or as a whole, unless this is expressly the subject of the agreed grant of rights. This additional granting of rights shall be remunerated separately in each case.
The Illustrator shall not be obligated to retain any such material thereafter. In particular, the Illustrator is not obligated to store and/or return to the Customer work files that were created on the computer, including the source code. If the Customer wishes to retain and/or surrender files, this must be agreed and remunerated separately.
In the event of an infringement of the rights of use, processing or naming rights, the Illustrator is entitled to demand a contractual penalty in the amount of three times the agreed basic remuneration. The right to assert claims for damages, monetary compensation or other rights in addition to the contractual penalty shall remain unaffected.
All services provided by the Illustrator may be used by the Illustrator without restriction for the purpose of self-promotion, unless expressly agreed otherwise.
In the absence of any other agreement, the Client shall be granted one (1) - non-image element swapping - optimization step per design during the design phase according to its specifications, without this being charged as a special service. Any further modification and/or new creation and submission of drafts, the modification and/or new creation of working drawings as well as other additional services (e.g. manuscript study), ancillary costs (e.g. couriers) or technical costs (e.g. for reproductions, data carriers) will be charged separately depending on the time and effort involved. The Illustrator shall charge for the work involved at an hourly or daily rate to be determined by him at his reasonable discretion, based on the remuneration recommendations of the I.O. (Illustratoren Organisation e. V.). This shall not apply if such services are expressly included in the order confirmation, stating the amount of remuneration.
If the contract is not executed for reasons beyond the Illustrator's control, the Customer shall reimburse the Illustrator for any additional costs incurred in addition to the partial remuneration to be paid in accordance with Sections 4 and 5. Remuneration for additional services is due after they have been rendered. Disbursed additional costs are to be reimbursed as incurred. Remuneration and ancillary costs are net amounts which are to be paid plus the applicable value added tax.
The Customer is obligated to provide the Illustrator in a timely manner with all information necessary for the performance of the deliveries and services as well as necessary data material in a common format.
The Customer shall ensure that the Illustrator is granted the rights required for the use of these documents. The Customer is further obligated to inform the Illustrator, also without being requested to do so, of circumstances that may be significant for the provision of its deliveries and services and of which the Customer can recognize that they may be unknown to the Illustrator. The documents provided will only be stored and returned to the Customer if this is expressly agreed and only for the account and at the risk of the Customer.
If the Customer is in default of acceptance due to failure to fulfill the obligation to cooperate, the Illustrator may demand reasonable compensation.
Insofar as the Illustrator defines development stages together with the Customer and the Customer must provide its own services in order to achieve these development stages, the Customer is obligated to provide all services to be provided by the Illustrator in a timely manner.
The adherence to agreed delivery dates presupposes that all technical questions have been clarified, documents to be supplied by the client, releases, services to be rendered as well as other obligations of the client are available or fulfilled in due time. If this does not happen and if a timely delivery of the service is also no longer possible with an additional compensation for increased costs accepted by the client, the deadline for delivery shall be extended by an appropriate period of time. Fixed transactions are not concluded. The right to plead non-performance of the contract is reserved.
The Illustrator's delivery obligations shall be deemed to have been fulfilled as soon as the work and services have been completed for dispatch. If non-compliance with an agreed delivery period is due to force majeure, labor disputes, fire, breakdown of machinery, disruption of telecommunications, computer malfunctions, serious illness, unforeseen obstacles or other circumstances for which the Illustrator is not responsible, the delivery period shall be extended for the duration of such events. This applies accordingly in the event that the Illustrator is in default of delivery upon the occurrence of one of these events. Delays in performance due to force majeure will be notified to the Customer. If performance of the order is delayed for reasons for which the Customer is responsible, the Illustrator may demand compensation for damages, which it may calculate at its reasonable discretion by increasing the remuneration in accordance with the remuneration rules agreed herein. This shall be without prejudice to the assertion of further damages for delay.
Unless otherwise stated in the order confirmation, delivery shall take place at the Illustrator's place of business. If the Customer requests delivery at another location, this shall be at the Customer's risk and expense. The risk passes to the Customer upon handover to the carrier or, if no carrier is engaged, at the latest upon acceptance of the service by the Customer or its agents, even if partial deliveries are made or the Illustrator has assumed additional services (e.g. transport costs or delivery).
In the artistic implementation of the order placed with him, the illustrator enjoys freedom of design. If his work does not meet the Customer's taste or if his style does not correspond to the Customer's ideas, this alone shall not constitute a defect in his services. The Customer's warranty rights are subject to the condition that the Customer has inspected the work and services supplied by the Illustrator immediately upon receipt, but in any event prior to further processing, and has given notice of any defects immediately upon discovery. Minor deviations in the color of the print results from the screen display or computer printout are due to technical reasons and do not constitute a defect in this respect.
In the event of a defect for which the Illustrator is responsible, the Illustrator shall initially be entitled to subsequent performance within a reasonable period of time. If the supplementary performance fails, the Customer shall be entitled, at his discretion, to withdraw from the contract or to demand a corresponding reduction of the remuneration (abatement) after the unsuccessful expiration of a reasonable period of time set by him for the supplementary performance. Subsequent performance shall be deemed to have failed if the defect has still not been remedied after the second attempt at subsequent performance.
The warranty period is 12 months, calculated from the transfer of risk. The period is a limitation period and also applies to claims for compensation for consequential harm caused by a defect, insofar as no claims in tort are asserted; the statutory limitation period applies to these.
The Illustrator shall be liable for damages - irrespective of the legal grounds - only in the event of intent or gross negligence, including intent or gross negligence on the part of his representatives or vicarious agents. As far as he has not violated the contract intentionally, the liability for damages is limited to the foreseeable, typically occurring damage. Excluded from this limitation of liability are damages resulting from injury to the life, body or health of the Customer and damages resulting from breaches of the Illustrator's cardinal obligations.
Insofar as the Illustrator merely passes on the services of third parties (e.g. photographers, service providers) to the Contractor, the Illustrator's liability shall be limited to the fault of selection. Liability for computer viruses is excluded unless the Illustrator acts with intent or gross negligence.
The Customer assumes the obligation to verify the legal admissibility of the services rendered by the Illustrator. If the Illustrator's services infringe the rights of third parties or are otherwise unlawful because they are based on unlawful specifications and/or templates provided by the Customer, the Customer alone shall be liable in the internal relationship. The Customer shall compensate the Illustrator for all damages resulting therefrom, including the reasonable costs of legal defense, and shall indemnify the Illustrator against all claims of third parties.
The Customer shall provide the Illustrator with at least five perfect, unfolded samples of all reproduced work free of charge. The Illustrator is entitled to use these samples for self-promotional purposes.
The parties agree that the place of performance and, to the extent permitted by law, the exclusive place of jurisdiction shall be the Illustrator's place of business. The law of the Federal Republic of Germany shall apply exclusively.
Amendments and supplements to the contract must be made in writing to be effective. The same applies to changes to the written form requirement.
The invalidity or ineffectiveness of individual provisions of the contract shall not affect the validity of the remaining provisions. The same applies to loopholes. In place of the invalid provisions or to fill gaps in the provisions, the legally possible provision shall apply which comes closest to what the contracting parties intended or would have intended according to the sense and purpose of the contract.