Terms and Conditions of Studio Publikum SP UG (limited liability)

1. Scope

1.1 These General Terms and Conditions (hereinafter referred to as “Terms”) apply to all business relationships between Studio Publikum SP UG (limited liability) (hereinafter referred to as the “Agency”) and its customers.

1.2 Deviating, conflicting, or supplementary terms and conditions of the customer shall not become part of the contract, even if known, unless their validity is expressly agreed upon in writing.

2. Services of the Agency

2.1 The Agency provides services in the field of media and communication, including but not limited to consultation, conceptualization, creation, and implementation of media projects.

2.2 The specific services, deadlines, and remunerations will be recorded in separate contracts or offers.

3. Conclusion of Contracts

3.1 Contracts are concluded through written agreements, offers, or order confirmations.

4. Remuneration and Payment Terms

4.1 The remuneration is based on the agreed-upon services and the prices mentioned in the offer.

4.2 All prices are understood to be plus the applicable statutory value-added tax.

4.3 The Agency’s fees are determined according to the calculation of the Bund Deutscher Grafikdesigner (BDG):

4.3.1 Based on various factors such as minimum income, order quantity per month, break-even point, as well as security and profit.

4.4 Payments are due within 14 days after the invoice date without deduction.

5. Liability and Warranty

5.1 The Agency is liable in accordance with the statutory provisions for damages resulting from gross negligence or intent.

5.2 The Agency does not assume liability for damages arising from incomplete or faulty information provided by the customer.

5.3 For defects or errors in the created media content that do not arise from gross negligence or intent, the Agency is liable within the scope of the statutory warranty provisions.

6. Intellectual Property and Copyrights

6.1 The media content created within the scope of the collaboration (e.g. texts, graphics, designs) remain the property of the Agency, unless otherwise agreed.

6.2 The Agency grants the customer a non-exclusive, non-transferable right to use the created media content, unless otherwise agreed. The usage right includes the use for the agreed-upon purposes and within the agreed-upon scope. Any usage beyond this requires the prior written consent of the Agency. The Agency assures that it is authorized to use the content used in the collaboration or, if necessary, to acquire the appropriate licenses. The customer is obliged to clearly indicate the authorship of the Agency when using the media content, unless a different written agreement has been made. Any violation of copyright provisions will result in claims for damages by the Agency.

7. Guarantee and Corrections

7.1 The Agency provides a warranty of 3 months from the completion of the media content. Within this warranty period, free corrections will be carried out on the finished products, provided that the changes are within the scope of the original assignment.

7.2 The warranty does not cover changes resulting from alterations to the original requirements or improper use by the customer.

7.3 The Agency reserves the right to assess the feasibility and scope of corrections within the framework of the warranty.

8. Termination

8.1 Contracts can be terminated in writing with a notice period of 30 days.

9. Final Provisions

9.1 The place of performance and jurisdiction for all disputes is Kerpen.

9.2 The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.