General order provisions
These General Terms of Contract (AAB) apply to all design orders (creative services) between Designer AS and its client AG. They are not applicable to the sale of originals or commercial services.
2. Basics of cooperation
2.1. The basis of every order is a briefing provided by the AG, whose requirements are to be met by the designer. Within the briefing, the fulfillment of the contract provides freedom of design.
2.2. The designer manages the work on his own responsibility; However, he is entitled to use expert staff or cooperation partners for the implementation.
2.3. Any advice given by the designer relates exclusively to the field of design; liability for the "Council of the Professional" according to ABGB (§ 1299) is limited to this area.
2.4. The Principal shall ensure that all documents, circumstances and instructions necessary for optimum order fulfillment are made available to the Designer in a timely and fully accessible manner.
3. Copyright and right of use
3.1. Unless otherwise agreed between the AG and the designer, the designer grants the client a usufructuary right (exclusive right of use). Exceptions are any programming services.
3.2. With full payment of the total fee and incidental expenses, the AG acquires the agreed right of use to the works created in fulfillment of the order in the delivered version, for the agreed purpose and scope of use. If no agreements have been made regarding the purpose and scope of use, the minimum scope required for the fulfillment of the contract applies. Any other or further future use requires the designer's fee-based approval.
3.3. Any alteration, modification or imitation of the works provided for use is inadmissible, unless the right of editing has been granted in writing and for a fee.
3.4. The rights granted to the AG (or to agencies whose customers), the usufructuary, may only be passed on to third parties for a fee or free of charge with the express written consent of the designer.
3.5. On the drafts, elaborations and computer data the AG acquires no property. In the case of individual succession, all rights and obligations are transferred to the assignee, but only to the extent agreed between Designer AS and its client. Any extension of use by the legal successor requires in any case the consent of Designer AS.
3.6. If the client wishes to continue to use the developed or designed concepts, ideas or works unchanged after fulfillment of the contract, resignation or termination of a framework or support contract, this requires the granting of the unrestricted right of use; if these are to be changed, updated or used as a basis for further developments by third parties or the AG, in addition the granting of the right to be processed by third parties. If the client wishes to transfer the computer data, this requires an additional agreement.
4. Charity of presentations
4.1. All services of the designer are paid, only the creation of performance, time and cost plans necessary for the offer is free of charge.
4.2. The AG's invitation to make a presentation with a preliminary draft is an assignment to provide a defined service content. The amount of the presentation fee is freely agreed and, unless otherwise agreed, includes half of a standard design fee as appropriate remuneration in accordance with §§ 1004, 1152 Civil Code. When the presentation is carried out, a presentation order is considered granted, accepted and fulfilled.
4.3. If an AG or a promoter of a presentation competition awards no or only a significantly reduced order to the designer or a presentation competitor after the presentation, the designer is entitled to the full design fee instead of the reduced presentation fee.
4.4. The presentation fee does not include the granting of usage rights.
5. Performance, third-party services and production monitoring
5.1. In order to provide the desired service including the transfer of the production data, a reasonable remuneration pursuant to §§ 1004, 1152 ABGB shall be deemed agreed. The transfer of development data is only part of the service if it has been agreed in writing and for a corresponding additional fee.
5.2. The Designer is authorized to provide himself or herself with ancillary, necessary or agreed ancillary services in return for customary local charges or to commission them in the name and for the account of his AG to third parties.
5.3. The coordination as well as the monitoring of duplication / production (as well as color matching or pressure monitoring) can be assigned by the AG to external producer experts or the designer. They require a separate order and are paid.
6. Return and storage
6.1. The AG receives all documents, interim results, drafts, conceptions and elaborations to trusted hands. Until the acquisition of the rights of use and in case of refusal (waiver of use), the AG is not permitted to make photocopies, store them in computer systems or make them accessible to third parties for viewing or further processing, except for the purpose of decision-making by opinion research institutes.
6.2. Draft original and computer data are the designer, as soon as they are no longer required for the agreed use, at the risk and account of the AG undamaged to return or hand over.
7.1. The designer is not liable for slight negligence. In the case of gross negligence, he shall be liable up to the amount of his fee (excluding incidental expenses and value added tax).
7.2. Defects must be reported to the designer upon request for their rectification within a reasonable period immediately after receipt of the services.Costs incurred in the case of third parties in spite of readiness of the designer to remedy the defect shall be borne by the AG.A remedy for defects expires after six months.
7.3. The designer assumes no liability for the legal, in particular competition, trademark and administrative law permissibility of the designs and elaborations. Also, he is not liable for the accuracy of text and image, if work has been approved by the AG or a template for inspection was at least offered to the AG.
7.4. Insofar as the designer gives necessary or agreed third-party services in the name and on behalf of the AG to third parties, the respective contractors are not vicarious agents of the designer DA.
7.5. The documents provided by the AG (photos, texts, models, samples, etc.) are used by the designer on the assumption that the AG is entitled to their use and that no rights of third parties are violated during processing or use. The AG shall be liable to the Designer in accordance with § 86 UrhG for any type of unlawful use in a double amount of the appropriate fee for this use, as far as such at least negligent by him or was tolerated.
8. Attribution and sample pattern
8.1. The designer is gem. § 20 UrhG for affixing his name or pseudonym, company name or logo on any work / product designed by him as well as advertising material for it or publications about it. The form and duration of the marking can be agreed with the AG.
8.2. The designer remains in each case gem. § 26 UrhG the right to use illustrations of the works / products designed by him for the purpose of self-promotion (promotion) in printed form or to provide for this purpose in the worldwide Internet.
8.3. In the case of three-dimensional objects, the designer is entitled to the free provision of photocopies of the objects made by means of his design invention, as well as to the handing over of a specimen copy, provided that the latter does not involve disproportionately high costs. For prints, the designer is entitled to at least five copies of the works he designs.
9. Cancellation and cancellation
9.1. The AG and the designer are entitled to resign from the contract after presentation of the initial presentation without giving reasons, whereby the AG the presentation fee according to point 4.2. AAB AS is to pay.
9.2. If the client cancels the order or reduces the scope of the order during the design or execution phase or within an up-to-date framework agreement for reasons that are not the responsibility of the designer, he undertakes to pay the design fee plus the ancillary service incurred so far. and cost.
9.3. Irrespective of this, the designer is entitled to charge the AG for a fee for provided and unused working capacity and any damage suffered as a result. The settlement of a user fee is void, all rights remain with the designer.
10.1. The written form requires any agreement deviating from or supplementing AAB AS, as well as all framework agreements.
10.2. It is strictly Spanish law. Jurisdiction Palma de Mallorca.