General Terms & Conditions of Business
Here's the small print. To start with and to make it a little easier for you dear customers, visual.addiction has summarised everything short and sweet. If you want to know it in detail, you will find everything in the official Terms and Conditions of visual.addiction following this short summary. And we also have to mention that only the German wording is legaly binding.
Short and sweet – our GTCs
A. The contract, the deadlines and so on:
You will always deliver us everything that we need to complete the joint project beautifully formatted and on time. You will review our work, give us feedback and your OK - all in a reasonable time as well. Deadlines apply to us and to you – also when it comes to making payments. We are happy if the fee arrives on time. We have the experience and are able to implement everything we have agreed to with you - and we will do everything very professionally and promptly. We will, of course, handle everything that you submit to us very confidentially.
The fixed price, which you pay us monthly, contains numerous graphical services. We create a wide range of print and web projects for you. These include, for example, business cards, flyers, folders, rollups, packaging design, banners, training material, badges, small photo compositions, stationery, menus, greeting cards, and much more. Not included are complex services such as logo design, web design siehe 12), illustrations, 3D objects, infographics, extensive publications such as catalogues or books, composings and high-end retouching. We would be happy to provide you a separate offer for these services. Also, printing costs are not included.
C. Text content
We are not copywriters, but have a great network of great people. If you wish, we can offer you a separate offer for copywriting and proofreading.
You should supply us with graphics files in an editable, vectorised, digital format. Digital photos should have a high resolution. If you want to buy stock photos, we can also send you suggestions. The same applies, if we are looking for or creating photos for you.
E. Changes and revisions
Unlimited changes are included in the design flat rate. So you can submit as many changes as you wish - but you should ask yourself how useful this would be, since the completion would then logically take longer.
For all other design products, which are not included in the design flat rate, we will make you an offer and inform you in time about any additional costs arising.
F. Legal things
Of course we can not guarantee that our work will be free of errors. Therefore we are also not liable for third-party damages, loss of profit, lost savings or other damages. You can read this in more detail in the small print. Oh, and if any provision of these Terms should be unlawful, void or unenforceable for any reason, all other provisions of these General Terms and Conditions shall continue to apply.
G. Copyright and usage rights
First of all, you guarantee that whatever you provide us with is strictly yours or you are allowed to use it. Then, if you have paid everything nicely on time, this works as follows:
The designs we create for you will be yours. Keep them safely. You and only you can use them - as often as you want. You may only resell them if you ask us nicely and we make you an offer! Because something belongs to us – that is the copyright. And we can show off our created works anytime and anywhere.
H. Payment things
Its a no-brainer that you pay our fees on time. After all, we want to remain friends and work well together. That's why you stick to the payment terms – and they are quite simple -at the beginning of the month. Its called prepayment! After all, we're going to start working right away for you.
General Terms & Conditions of Business – the long version
1. Scope of application
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all graphic design assignments between visual.addiction, referred to as graphic designer, and its customer. They do not apply to the sale of originals or for commercial services in the field of commercial art, such as fine-drawing according to foreign designs, advertising design, etc. By signing or placing orders on the basis of an offer and these GTCs, the contract with the customer is concluded for the duration of the business relationship.
2. Principles of cooperation
The order given to the graphic designer is a copyright agreement with the granting of usage rights. Design consultancy refers to the graphic design sector, the liability for the "expert advice" according to Austrian ABGB is limited to this area. With the graphic design order, the graphic designer commits himself to creating graphical works that are usable by the customer and which meet the media technology requirements of the intended use or duplication. The graphic designer creates the work on his own responsibility, but is entitled to use qualified employees or cooperation partners. The customer ensures that the graphic designer has full and timely access to all the documents and circumstances which are necessary for the optimal order fulfillment. Prior to the beginning of the design work in the briefing and thereafter as occuring.
Individual design jobs are not bound to the written form. Any agreement or any supplementary agreement of the GTC as well as any framework agreements requires the written form. The customer can use any means of communication of his choice – both digital and analog. The assignment of the order may also take place verbally, but this will be recorded and confirmed by us in writing.
Graphic designers within the meaning of these GTCs are all self-employed individuals with the relevant professional training or several years of professional experience in the area of graphic design who work for visual.addiction.
The customer is the orderer of a graphic design service and is usually simultaneously the user. If the customer is an agent (advertising, PR agency etc.), who orders the graphic design services on behalf of his client, he has to pass on all rights and obligations regarding the use to his client. The rights and obligations regarding handling and payment remain with him as our customer. The flatrate basis package is not available to agents. This requires a separate individual agreement.
The application of the provisions of the Austrian Copyright Act (UrhG) to the order(s) and the interim work results shall be deemed to have been agreed upon. The co-operation of the customer, which is necessary for a good result, does not justify co-copyright. The graphic designer is entitled to affix his name, company slogan or logo in a reserved but recognisable size on each respective design work. If an omission is agreed apon, the name should be mentioned in any legal imprint under "graphic design", this also applies to corporate design work titled "corporate design" for a period of three years after completion of the work. Should the design proposals contain patentable elements, not the customer, but the author is authorized to the respective registration.
4. Right of use
The graphic designer grants the customer unlimited rights in terms of time and space. The graphic designer retains the copyright to the created work(s). The graphic designer is also permitted to use his works for PR purposes. Only in exceptional cases such as illustrations, etc. a usage permit can be granted, which may be granted several times by the graphic designer himself. In this case, the following points must be applied accordingly.
a) The customer acquires the exclusive right of use to the works created in fulfillment of the order with the payment of the total fee in the delivered version, for the agreed purpose and scope of use.
b) The customer is obliged to ensure that the contractual services are used only for the respective intended purpose and only to the agreed extent. Any other or extended use or reselling of the rendered design services requires a request for quotation and the graphic designer's agreement to the fee. The graphic designer has the right to claim information concerning the extent of actual use. Any alteration, processing or imitation of the works, which have been made available for use is prohibited, as long as the right therefore has not been granted in writing and for a fee.
c) The customer does not acquire ownership of the designs, drafts and computer data. If the customer wishes to continue using the concepts or ideas or works elaborated or developed after the order fulfillment, resignation or termination of a framework or support contract, this requires the granting of the unrestricted right of use. The granting of these rights may not be denied by the graphic designer if an appropriate fee, which also covers the loss of earnings due to the omission of future orders, is offered.
d) Since copyright protection and the legally regulated duration of the rights of use apply beyond the duration of the contract, claims resulting from utilisation agreements expire, In particular from an extension of agreed or unlawful use or transfer, only at the end of the statutory term of protection and are transferred to the legal successors of both contracting partners.
5. Freedom of design
Within the framework provided by the customer (briefing), the fulfillment of the order is flexible in terms of design realisation.
6. Remuneration of design presentations
All services of the graphic designer are subject to a fee. The customer's invitation to create a presentation with preliminary designs is considered an order, to provide a defined service content and as declaration of intent of the customer, to commission an order to perform the desired work in full.
Unless otherwise agreed, the standard fee stated in the fee guidlines shall be deemed agreed upon in order to provide the desired design performance. Information and samples necessary for the fulfillment of the order are to be provided by the customer free of charge and in a timely manner. Decisions on intermediate results must be made promptly. If corrective graphic desires are submitted to the graphic designer prior to the start of reproduction, the check is carried out in accordance with the design work of the graphic design order without an additional charge.
8. External services and production monitoring
The graphic designer is authorised to complete related, necessary or agreed ancillary services either by himself or to outsource it in the name and on behalf of his customer. The coordination as well as the monitoring of the reproduction (production), color adjustment or print monitoring requires an explicit order against a fee according to the fee guidelines.
9. Handover date
The graphic designer commits himself to comply with the agreed handover date of the work(s) to be created. In this case, he is not responsible for force majeure or the delay due to contracted external services. The agreement on a fixed transaction within the meaning of the Austrian ABGB requires the written form. Delays due to the delivery of documents or to decision-making processes extend the delivery date accordingly, though substantial interruptions release the graphic designer from the agreed delivery date.
10. Discretion, return and storage
The graphic designer guarantees confidentiality towards third parties, including public authorities and courts, as long as legal requirements do not contravene or he has been released from his obligation of secrecy by the customer. In particular, the graphic designer is not permitted to make customer documents available to third parties without his consent. This also applies to the graphic designers employees. The customer receives all documents, interim results, drafts, conceptual descriptions and elaborations. Until the acquisition of the rights of use, as well as in the event of rejection (non utilization), the customer is not permitted to make photocopies, to store them in computer systems or to make them accessible to third parties for viewing or further processing, except for the purpose of decision-making by opinion research institutions. Design originals and computer data are to be returned or handed over to the graphic designer as soon as they are no longer required for the agreed use at the risk and account of the customer.
Liability of the graphic designer
The graphic designer has the duty to carefully and conscientiously fulfill the order given to him. He can not be held liable for errors due to simple negligence. He is responsible for the consequences of gross negligence up to the amount of his fee (without incidental costs and VAT). Any further damage can be claimed if it was deliberately caused by the graphic designer. Any deficiencies are to be reported to the graphic designer without delay, and with the request to be corrected within a reasonable space of time. Arising third parties costs despite the willingness of the graphic designers corrective action must be borne by the customer himself. The graphic designer accepts no liability for legal and, in particular, competition, trademark and administrative admissibility of the drafts and designs. Likewise, he is not liable for the accuracy of text and image, when work was approved by the customer or the customer was offered at least one template for controlling purposes. Insofar as the graphic designer has commissioned necessary or agreed third-party services, the respective contractors are not vicarious agents.
Liability of the customer
The documents provided by the customer (photos, texts, models, samples etc.) are used by the graphic designer under the assumption, that the customer is entitled to use these and that no rights of third parties are violated during processing or use. The customer is liable to the graphic designer for any kind of illegal use in double the amount appropriate for this use, In so far as such an action was at least negligently permitted or owed by him.
12. Fees and maturity
The customer pays a fixed price and receives as many graphical services as he wishes. Very complex and elaborate graphic work (especially logo design, web design, illustrations, 3D objects, photoshootings, composings and high-end retouching) are not included in the fixed fee, but can be included for an extra charge. We would be happy to provide you a separate offer for these services. Also, printing costs are not included. Where applicable, the GTCs of the agreement shall be separately agreed upon.
If the customer is in default with his payment, visual.addichtion immediately stops working on his projects - without notice and without any discussion. The work will only be resumed, if the payment receipt of the customer can be ascertained. In the event of a default of payment, 12% interest per month shall be deemed as default interest. The customer is not authorised to deduct liability claims mit recievable fee claims or to withhold payments due to complaint.
13. Duration of contract, fulfillment; withdrawal, cancellation, termination
visual.addiction requires a fixed monthly fee for booked design services. The contract is automatically extended for another month. The customer agrees to pay the monthly fee on 1st of each month. Orders for the creation of individual works are fulfilled upon delivery.
Should the customer revoke the order during the design or execution phase for reasons that are not the responsibility of the graphic designer or reduces the order scope, he undertakes to pay the design fee plus the costs and expenses incurred up to that time. Regardless of this, the graphic designer is authorised, to charge the customer for provided and unused work capacity and for any loss sustained thereby. The allocation of a usage fee is omitted, all rights remain with the graphic designer.
The graphic designer is entitled to withdraw from the contract, if the customer grossly violates the obligation to cooperate. This presupposes the threat of rescission and the establishment of a two-week grace period. A right of withdrawal also exists in the event of opening insolvency proceedings on the customer's assets. Also in these two cases, the graphic designer deserves the compensation of the design fee for all work begun and the sofar incurred fringe benefits and costs.
The customer may terminate at any time to the end of the month. The notice period is two weeks before the end of the month. In this case no refunds of the fee are to be expected. This also applies, if the customer has not commissioned design services in a respective month and has also not terminated the contract.
14. Place of performance, court of jurisdiction
Place of performance, court of jurisdiction for both parties is the registered office of the graphic designer.
15. Applicable law
The legal relationship is subject to Austrian law with respect to the order and the resulting claims.
16. Final clauses
Should individual parts of these General Terms and Conditions of Business be invalid, this shall not affect the validity of the remaining provisions. In the case of disputes arising from the contract, it is recommended to ask visual.addiction for clarification before taking legal action. Only the German wording of these General Conditions of Business is legally binding.