Tobias Hohenauer – life [science] graphics welcomes visitors from around the globe and tries to provide our services both in German and in English language.
Regarding the General Terms and Conditions, however, only the German version (https://toho-lsg.de/agb) of the following terms and conditions applies.
Tobias Hohenauer – life [science] graphics provides the English translation of the “Terms of Service” below to the customer without obligation as an additional service.
Terms and Conditions of Tobias Hohenauer – life [science] graphics – hereinafter Designer
1.1. These General Terms and Conditions (GTC) apply exclusively to all contracts concluded between Designer and the client. Conflicting or deviating terms and conditions will not become part of the contract, unless the designer has expressly agreed to their validity in writing.
1.2. All agreements made between Designer and the client for the purpose of executing this agreement are set forth in this agreement in writing.
2. Copyright protection; Use rights; Self-promotion
2.1. The order placed with Designer is a copyright contract. The subject of the contract is the creation of the commissioned work and the granting of rights of use for this work. The provisions of the contract of employment law and the copyright law apply.
2.2. All of Designer’s work, including but not limited to drafts, final artwork and the commissioned work as a whole, are protected as personal intellectual creations by the Copyright Act, whose provisions are considered agreed even if the requirements for a copyrighted work, especially in respect of the required creation height (§ 2 Abs. 2 UrhG), are not reached.
2.3. Without the consent of Designer, neither his works nor the work, including the author’s name, may be altered in the original or in the reproduction. Any imitation of the work or parts of the work and the preparatory work are inadmissible.
2.4. The works of Designer may only be used for the agreed usage and the agreed purpose in the agreed scope. In the absence of an express written agreement, the purpose of the contract shall only be the purpose identified by the client when placing the order.
2.5. Designer grants the client the rights of use required for the respective purpose of use (Clause 2.4). For this purpose, the simple right of use is granted, unless the designer and the client make a different agreement. The granting of rights of use will only take place after full payment of the fee.
2.6. The transfer of granted rights of use to third parties requires the prior written consent of Designer.
2.7. Unless otherwise agreed, Designer must be named as originator in the event of copying, distribution, exhibition, publication of the work and / or public reproduction of the drafts and artworks and the work. If the client infringes the right to copyright designation, in addition to the fee due for the design service, the designer may demand a contractual penalty amounting to 100% of the agreed usage, in the absence of an agreement for the appropriate and customary fee. This does not affect the right of designers to claim higher damages in the case of a concrete 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 constitute a co-copyright, unless otherwise agreed in writing.
2.9. The client may not, without the prior written consent of Designer, have formal rights to register, any of Designer’s designs, artwork or other work as a Design, trademark etc.
2.10. Designer retains the right to use the works or parts thereof created in fulfillment of the contract, drafts and other works for self-promotion, in whatever medium (for example in their own website, sample folder, etc.) and to point out their activities for the client.
3. Fees; Due date
3.1. Unless otherwise agreed between the client and Designer, the calculation of the fee is based on the fee recommendations of the BDG – Professional Association of German Communication Designers e.V., Warschauer Straße 59a, 10243 Berlin.
3.2. The preparation of drafts is always charged, unless expressly agreed otherwise in writing.
3.3. The fees are due upon delivery of the work. If the creation and delivery of the work is done in parts, the corresponding partial fee is due upon delivery of the part. Unless expressly agreed otherwise in writing, a partial fee is payable with the first partial delivery, which amounts to at least half of the total fee. If the execution of an order extends over a longer period of time, then Designer may demand advance payments in accordance with the work involved.
3.4. All fees are net amounts, payable plus value added tax, without deduction within two weeks from the due date.
4. Additional services; additional costs and travel costs
4.1. Unless otherwise agreed in writing, additional services, such as the research, the revision or modification of drafts, the creation and presentation of further drafts, the modification of drawings and other additional services (author corrections, production monitoring and others) are calculated separately based on the time spent to create and provide these services.
4.2. Any ancillary technical costs (for example for models, intermediate reproductions, layout sets, etc.) arising in connection with the design or design work shall be reimbursed by the client.
4.3. The client shall reimburse Designer the costs and expenses of travel that are required by prior agreement to carry out and fulfill the assignment or use of the works.
4.4. The remuneration for additional services is due after their provision. Expenses incurred are to be reimbursed after seizure. Remuneration and ancillary costs are net amounts that are payable plus VAT.
5. External services
5.1. The assignment of third-party services, which are necessary for the fulfillment of the contract or the use of the works to the extent required by the contract, shall be carried out by Designer on behalf of and for the account of the client. The client is obliged to give Designer the corresponding written authorization to do so.
5.2. Insofar as Designer assigns third-party services in his own name and on his own account at the instigation of the client in individual cases, the client is obliged to pay a reasonable advance for the costs to be expected. The client indemnifies designers internally from all liabilities, in particular all costs arising from the conclusion of the contract.
6. Involvement of the client; Freedom; Templates
6.1. The client is obliged to provide Designer with all documents necessary for the fulfillment of the order in a timely manner and in the agreed scope. This applies in particular to texts, photos, logos, graphics, films, pieces of music, etc. Designer is not responsible for delays in the execution of the contract, which are based on the late or incomplete transfer of such documents.
6.2. The client assures that he is entitled to use all documents that he makes available to Designer. The client is also solely responsible for the accuracy and completeness of the documents provided by him. Should the client not be entitled to use or should the templates not be free of third party rights, the client indemnifies Designer in the internal relationship from all compensation claims of third parties.
6.3. For Designer there is freedom of design within the scope of the contract. Complaints regarding the artistic design of the designs and the work are excluded to this extent. Additional costs for changes caused by the client during or after production shall be borne by the client.
7. Data delivery and handling
7.1. Designer is under no obligation to return design data or other data (such as content, screendesigns, drafts, etc.) or media created in fulfillment of the assignment to the client. If the client desires the publication of data or files, this must be agreed upon separately and remunerated by the client.
7.2. If Designer provides the client with files or data, they may only be used to the extent agreed. Modifications or changes to the files or data may only be made with the consent of Designer.
7.3. The risk and costs of transporting data carriers, files and data are borne regardless of the transmission route of the client.
7.4. Designer is not liable for defects in data carriers, files and data resulting from data transfer to the client’s system.
8. Property and return obligation
8.1. All designs, artwork and design services as well as any data provided, whether or not they are executed, are granted usage rights only, but not property rights. Originals must be returned undamaged to Designer at the latest three months after delivery, unless another agreement has been expressly made.
8.2. The returns are at the risk of the client. In the event of damage or loss, the client must reimburse the costs necessary to restore the originals. Designer reserves the right to further claim further damages.
9. Correction; Production control; Reference samples
9.1. Before the duplication of the work (start of production), Designer must be supplied with proofs.
9.2. The production is supervised by Designer only if this is agreed in a separate written agreement with the client. In this case, Designer is entitled to make the necessary decisions at his own discretion and to give instructions to the production companies. Designer is liable for errors only in case of own gross negligence and in accordance with paragraph 10.
9.3. Of all the duplicated works or parts of the works or other work, Designer is to be provided a reasonable number of flawless voucher copies, at least 10 pieces free of charge, which Designer may also use as part of their own advertising.
10. Warranty; Liability
10.1. Designer is liable for damages only in cases of intent or gross negligence. This does not apply to damages resulting from a breach of a contractual obligation that is essential for achieving the purpose of the contract (cardinal obligation), as well as damages resulting from injury to life, limb or health, for which designers are also liable for slight negligence.
10.2. Claims of the client against Designer due to a breach of duty expire one year after the statutory limitation period. Exceptions to this are claims for damages in accordance with Section 10.1; For these, the statutory limitation periods apply.
10.3. The client is obliged to inspect the work immediately after delivery and to notify any defects immediately. Obvious defects must be asserted in writing no later than two weeks after delivery. To meet the deadline, the timely dispatch of the complaint is sufficient. In the event of a breach of duty to inspect and notify, the work is deemed to have been accepted as faultless.
10.4. The release of production and publication is carried out by the client. With the release, the client assumes the liability for the technical and functional correctness of text, image, design and product.
10.5. With the exception of a possible selection fault, Designer is not liable for third-party contracts that Designer assigns to third parties.
10.6. If Designer assigns third-party services on behalf of the client in his own name and on his own account, Designer hereby assigns all warranty, compensation and other claims due to him from faulty, delayed or non-fulfillment to the contractor to the client. The client undertakes to enforce the assigned claims against the third party company before claiming from the designer.
10.7. Designer is not liable for the copyright, design or trademark protection or registration of the work or parts of the work and the designs or other design work, which he leaves to the client for use. Designer is not obliged to perform or initiate design, trademark or other intellectual property searches. These as well as a review of the protective right situation are arranged by the client himself and at his own expense.
10.8. Designer is not liable for the legal, in particular copyright, design, competition or trademark legal admissibility of the intended use of the work or of parts of the work or the designs. Designer is only required to indicate legal risks, as far as these designers are known in the execution of the contract.
11. Place of performance
Place of performance for both parties is Munich, Germany.
12. Final provisions
12.1. The place of jurisdiction is Munich, Germany, provided that the customer is a merchant and the contract is part of the operation of his commercial business or the customer is a legal entity under public law or a public law special fund or has no general place of jurisdiction in Germany. Designer is also entitled to sue at the principal’s place of business.
12.2. The law of the Federal Republic of Germany applies with the exception of the UN Sales Convention.
12.3. If one of the provisions of these terms and conditions is wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
As of: 27.12.2018