Terms & Conditions

The following terms and conditions apply to all contracts made between desisn and its clients. The terms and conditions take effect if the client does not object in writing within 5 working days after the acceptance of any agreed work that is to be done by desisn.

1. Copyright and licenses

1.1. All designs, graphics, programming code and other works are subject to German copyright law. They may not be changed whether it is the original or any reproduction without prior authorization by desisn.

1.2. The designs, graphics, programming code and other content may not be changed without the prior written consent of the designer, not even in a reproduction. Any imitation – even in parts – is prohibited. A violation entitles the designer to demand a penalty of double the agreed fee. If no fee has been agreed, the customary fee under the collective agreement for design services as specified by SDSt / AGD (Alliance of German Designers) applies.

1.3. The client is being granted the usage rights for his own individual application, unless special terms have been agreed. desisn is entitled to use designs and graphics for its own portfolio, design contests or other promotional purposes. If the client does not want desisn to use work samples in this way, they must arrange this with us before placing an order with us.

1.4. Prior to the transmission of usage rights to third parties, it is necessary to obtain a written authorization from desisn.

1.5. desisn reserves the right to be named on print and interactive media and internet sites as the responsible design agency, unless that has been previously excluded by mutual agreement.

1.6 desisn remains in the possession of usage rights until full payment of the work.

2. Remuneration

2.1. The payments are net amounts, exclusive of VAT, and payable in full.

2.2. Maturity of Payment: Payment is due upon delivery of the designs. If a delivery is made in parts, a partial payment is due after the delivery of the first part, including at least half of the total compensation.

2.3 At the request of customers, we can also offer you a specially tailored payment plan, it must be in writing prior to the order and agreed upon between desisn and you.

2.4. If existing designs are to be used for a new edition, for example for flyers, the customer is obliged to make an additional payment for the new edition.

2.5 In case of late payment, a default interest rate of 8% is charged above the current base rate of the Deutsche Bundesbank (German Federal Bank). Furthermore desisn reserves the right to press legal charges against the offending client to assert the damages incurred by a late payment.

2.6 The case of late payment automatically applies, if the client has not paid within three weeks after the receipt of the first invoice upon completion and delivery of the agreed goods.

3. External services

3.1. desisn is entitled to appoint the necessary external services in the name of the client. The client is obliged to provide desisn written authorization.

3.2. Regarding contracts for external services the customer is obliged to free desisn from all liabilities arising out of the contract, in particular from the obligation to pay the external contractor. desisn charges a 10% handling fee for all external services being done.

4. Retention, return obligation

4.1. Only using rights are granted for designs and final drawings, but ownership rights remain with desisn. Originals are to be returned undamaged to the designer no later than three months after delivery, unless otherwise agreed in writing.

4.2. In case of damage or loss of draft or final drawings the customer must reimburse the costs that are necessary for reproduction. The right to claim further damages remains unaffected.

4.3 The delivered of images, graphics, text, programming and web-based software solutions by the contractor are copyright protected and are usable by the contractor for the duration specified in the contract. Any further use, reproduction or modification is permitted only with written permission by desisn.

4.4. Websites and web-based software solutions created by desisn are copyright protected and are labeled as such.

5. Transfer of data

5.1. desisn is not obliged to give out its source files, project code or any other data. If the client wishes that desisn provides original source files, project code or any other data, this needs to be agreed upon in writing and paid for separately.

5.2. Has desisn provided the client source files, project code or any other data, this data may only be changed with the consent of desisn.

5.3. Possible risks and costs of transport of data media, files and data online and offline are borne by the customer.

5.4. desisn cannot be held liable for defects in media, files and data except for willful misconduct or gross negligence. The liability of desisn is excluded for errors in data storage media, files and data that is created on the system of the client during the import of data.

6. Shipping, Delivery

6.1. Has desisn committed to shipping, we will handle this for the client with due care but shall only be liable for intent and gross negligence. Possible risks for damage shall pass to the customer as soon as the shipment has been handed over to the person carrying out the transport.

6.2. Delivery dates are only valid if they are expressly confirmed by the contractor. If the contract is concluded in writing, the confirmation of the delivery date needs to be agreed upon in writing as well.

6.3. Should desisn perform production monitoring, desisn and the client will sign an agreement in writing. While desisn performs the production monitoring, desisn decides at its sole discretion and passes instructions accordingly.

6.4. Deliveries that exceed or fall below up to 10% of the ordered quantity can not be rejected. The normal fee for the agreed upon quantity will be charged.

7. Liability

7.1. desisn can be held liable only for damages desisn intentionally causes or for gross negligence. This excludes damage resulting from breach of a contractual obligation if the purpose of the contract is essential (cardinal obligation), as well as damage from injury to life, body or health, for which desisn can be help accountable even in the case of minor negligence.

7.2. With the acceptance of the work and / or the release of designs and -einzeichnungen the customer assumes responsibility for the accuracy of text and image, with the result that the liability of desisn no longer apply.

7.3. The client is obliged to examine the services provided by desisn plant capacity of receipt within a reasonable period and notify any defects to desisn. Notification of any obvious defects must be submitted in writing within two weeks of delivery of the work, complaints regarding not obvious defects can be submitted within a period of two weeks upon detection of the defect. To comply with the notice period it is sufficient to send the complaint in time. If the client fails to point out respective defects in time the work of the designer is deemed approved.

8. Termination, Performance, Jurisdiction

8.1. Should the client cancel the contract early, desisn receives the agreed remuneration. However a partial amount of the fee can be deducted according to §649 BGB.

8.2. Place of jurisdiction is Berlin, Germany. The contractual relationship shall be governed by German law. CISG is excluded.