Terms and Conditions
§ 1 General - Scope
1.1 The general terms and conditions apply to all legal transactions between Juliane Jeske, called "designer", with the contractual partner, called "customer", especially the areas of graphic design, web design, web hosting, support and other artistic activities.
1.2. The deliveries, services and offers of the designer take place exclusively on the basis of these terms and conditions. These also apply to future business relationships, even if they are not expressly agreed again. These terms and conditions take precedence over deviating conditions of the customer. Counter-confirmations by the customer with reference to his terms and conditions are hereby contradicted.
1.3. Changes to these terms and conditions will be announced to the customer in writing. If the customer is an entrepreneur, they are considered approved if the customer does not raise an objection in writing. The customer must send the objection to the designer within 14 days after the changes have been announced. If the customer is a consumer, they only apply from the receipt of a dying declaration of amendment from the customer.
§ 2 Conclusion of the contract
2.1. If a new customer contacts the designer about a service, there will be usually 30min Zomm Call to get to know each other.
2.2. I advice to book a consultation in which we can define the scope of the project in detail. Starting from € 300 (3h)
2.3. The designer then sends the offer already signed by him, in which all services will be stated out will be provided by him, the price to be paid by the customer and the period for the provision of the service are named. The contract between the new customer and the designer is concluded when the designer receives the signed contract and the pre payment of the first milestones.
Once the project start , At any stage like you don't need the service, Refund will not be considered.
§ 3 Data Protection
3.1 The contractual partner agrees that, within the framework of the contract concluded with him, personal data will be saved, changed and / or deleted and transmitted to third parties within the framework of the execution of the contract. This applies in particular to the transmission of data that is necessary for registering and / or changing a domain (Internet address).
3.2 The stored data and the knowledge about the customer and his company, which the designer learns in the context of his order, are treated confidentially.
§ 4 Copyright
4.1 Every order placed with the designer is a copyright contract aimed at granting rights of use to the work.
4.2 All drafts and final artwork are subject to copyright law. The provisions of the Copyright Act also apply if the level of creation required according to § 2 UrhG has not been reached.
4.3 The copyright to all work created by the designer (including drafts) remains with the designer. They may not be changed or imitated without the consent of the designer. The customer is entitled to use the work created by the designer within the scope of the contractual purpose.
4.4 Passing on the right of use to third parties is only permitted with the consent of the designer. A violation entitles the designer to demand a contractual penalty in the amount of 100 percent of the agreed remuneration in addition to the remuneration to be paid anyway.
4.5 The designer is to be named as the author of the copies. A breach of this provision entitles the designer to demand a contractual penalty in the amount of 100 percent of the agreed remuneration in addition to the remuneration to be paid anyway.
§ 5 Right of Use
5.1. The designer grants the client the necessary rights of use for the respective purpose. Unless otherwise agreed, only the simple right of use is granted in each case. A transfer of the rights of use to third parties requires a written agreement.
5.2 The rights of use are only transferred to the client after the remuneration has been paid in full.
5.3 The drafts and final artwork may only be used for the agreed scope of use (in terms of time, space and content). Any use beyond the agreed scope of use (in terms of time, space and content) is not permitted and entitles the designer to demand a contractual penalty of 100 percent of the agreed remuneration for this extended use in addition to the paid remuneration.
§ 6 Liability
6.1 The risk of the legal admissibility of the activity and creation of projects by the designer is borne by the customer. The customer releases the designer from claims by third parties if the designer has acted at the express request of the customer, although the designer has informed the customer of their concerns with regard to the admissibility of the measures.
6.2 The designer assumes no liability to the customer for orders placed with third parties in the name of and for the account of the customer. In these cases the designer only acts as an intermediary.
6.3 If the designer considers a competition law review by a particularly competent person or institution to be necessary for the measures to be carried out, the customer shall bear the costs after consultation.
6.4 The designer is liable to the customer for damage caused by him or his vicarious agents willful or grossly negligent. In the case of damage resulting from injury to life, limb or health, damage that can be traced back to the breach of an essential contractual obligation, and damage caused by the lack of a guaranteed quality, the designer is liable for himself and his vicarious agents even in the case of simpler Negligence.
6.5 In the case of liability due to the breach of an essential contractual obligation, liability is limited to the contract-typical and foreseeable damage, at most to an amount equal to the annual fee to be paid by the customer (web hosting), or at most the amount of the remuneration for the agreed service (web design , Graphic design).
6.6 The designer is not liable for a placement of the website on search engines. Tracking and Monitoring the success of a website in search engines requires an individual contract.
6.7 With the approval of drafts or final artwork by the client, the client assumes responsibility for the technical and functional correctness of the product, text and image.
§ 7 Data - rights of third parties
7.1. The customer provides all data (texts / images / videos, etc.) that are necessary to create the website or the design product to be created in digital form. If the customer's data neeeds to be transferred in a digital form, this will be charged as additional costs. 7.2. The Customer assures that he has a corresponding right of use for the data supplied by him (texts / images / videos, etc.) and that the consent of the persons depicted, if necessary, is available.
7.3 The designer is not obliged to check the data (texts / images / videos etc.) supplied by the customer for their legal harmlessness or for the rights of third parties. However, he reserves the right not to use the data supplied by the customer (texts / images / videos, etc.), the content of which is legally questionable, until the customer proves it.
7.4. The customer is obliged to assume all legal responsibility, especially in relation to copyright protection, protection of minors, press law and the "right to one's own image". The customer releases the designer from all claims by third parties with regard to the data provided (texts / images / videos, etc.). The customer informs the designer immediately about the knowledge of justified violations of the law.
§ 8 Data - Loss
In the event that the data supplied by the customer (texts / images / videos, etc.) is lost, the designer can only be held liable if he has acted willfully or with gross negligence. The customer undertakes to retransmit all necessary data to the designer, free of charge, except in cases of willful intent or gross negligence.
§ 9 Obligations of the customer
9.1 The customer is obliged to provide all necessary data for the creation of the agreed design service (texts, images, videos, etc.) within 3 working days after the conclusion of the contract. If this deadline is not met, the performance period specified in the contract will be extended by the time of the delay.
9.2 The customer has to accept the service provided by the designer and may not be refused for creative or artistic reasons.
9.3 The customer is obliged to accept and pay for the designer's services before the end of the period specified in the contract if the creation of the design service is carried out earlier than anticipated in the contract.
§ 10 Fee and Payment Modalities
10.1 Invoicing takes place in the amount of the price individually agreed with the customer.
10.2 The fee to be paid results from the contract. Delays the Execution of the order for reasons for which the customer is responsible, the designer can issue a Demand payment on account for the services provided up to that point. Payment of the Fees are generally paid by bank transfer or direct debit.
10.3 An upfront payment of 30% is always required. Partial invoices can be issued for orders which are defined in milestones. If the customer is in arrears with due payments, the designer reserves the right not to carry out further services until the outstanding amount has been settled and to pass on the costs incurred from this to the customer. The customer must raise objections due to the inaccuracy or incompleteness of a statement of accounts within 7 days receipt at the latest. The waiving of timely objections is considered as approval.
10.4 In the event of default in payment, the designer can demand default interest in the amount of 8 percentage points above the respective base rate of the European Central Bank p.a.
10.5 Projects that overrun the estimated timeline will incur fees of 3% of the total cost per day of delay.
10.6 The customer agrees that invoices can be sent by email.
§ 121 special services, ancillary and travel expenses
12.1 The preparation of drafts and all other activities that the designer performs for the client are subject to a fee, unless otherwise expressly agreed.
11.2 Any further design work beyond the predefined budget will be charged at a daily rate of € 600.
11.3 After prior consultation with the client, the designer is entitled to order the external services necessary to fulfill the order in the name of and for the account of the client. The client undertakes to give the designer appropriate power of attorney.
11.4 If, in individual cases, contracts for third-party services are concluded in the name and for the account of the designer, the client undertakes to release the designer internally from all liabilities that arise from the conclusion of the contract.
12.5 Expenses for technical ancillary costs, in particular for special materials, for the production of models, photos, interim recordings, reproductions, typesetting and printing, etc., are to be reimbursed by the client.
12.6 In the case of an order for graphic design (e.g. business cards, flyers, stationery), printing will only take place after the customer has approved the sample. In the event that the work is carried out according to the approved sample, the designer is not liable for errors.
12.7 Travel costs and expenses for trips to be undertaken in connection with the order and agreed with the client are to be reimbursed by the client.
§ 13 Self-Promotion
13.1 The designer is entitled to place a comment on the customer's website.
13.2 The customer agrees that websites or graphics created for him may be exhibited as a reference if necessary (e.g. on the web designer's company website or in galleries).
§ 14 Applicable law and place of jurisdiction14.1 The law of the Federal Republic of Germany applies exclusively to these terms and conditions and the entire legal relationship between the customer and the web designer, with the exception of the UN sales law.
14.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance is Berlin.
14.3 If the customer is a merchant, legal entity under public law or under public law
Special fund, is the exclusive place of jurisdiction for all disputes from this contract the registered address of Juliane Jeske. The same applies if the customer does not general place of jurisdiction in Germany or the place of residence or ordinary Residence is not known at the time the action is brought.
14.4 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Berlin, as I choose. The designer can only be sued at the place of jurisdiction in Berlin.
§ 15 Other ancillary provisions
15.1 Subsidiary agreements must be made in writing.
§ 16 Severability Clause
16.1 Should individual provisions of this contract be or become fully or partially ineffective, this shall not affect the legal validity of the remaining provisions. It should be replaced by an appropriate regulation which, as far as legally permissible, corresponds as closely as possible to what was intended or intended by the ineffective provision.