1.1 The following General Terms and Conditions (AVG) apply exclusively to all contracts for communication design services between HOCHBURG GmbH & Co. KG and the client, who is not a consumer within the meaning of Section 13 of the German Civil Code (BGB). This also applies especially if the client uses general terms and conditions that contain provisions that contradict or differ from the AVG outlined here.

1.2 The AVG listed here also apply if HOCHBURG GmbH & Co. KG carries out the order without reservation, knowing of the client's contradictory or differing conditions.

1.3 Deviations from the conditions outlined here are only valid if HOCHBURG GmbH & Co. KG expressly agrees to them in writing.

2.1 Every order placed with HOCHBURG GmbH & Co. KG is a work-for-hire agreement aimed at granting usage rights for the commissioned work. The contract does not cover the review of the competition law permissibility of the work produced by HOCHBURG GmbH & Co. KG. It also does not include the examination of the trademark or other protection eligibility or usability of the work produced by HOCHBURG GmbH & Co. KG. The client is responsible for conducting research.

2.2 All drafts and final artwork are subject to copyright law. The provisions of this law apply between the parties even if the necessary protection requirements, such as the so-called level of creativity, may not be met in individual cases. In such cases, the copyright contractual rules of Sections 31 et seq. of the German Copyright Act (UrhG) shall apply; furthermore, in such cases, the parties are entitled to the copyright claims under Sections 97 et seq. UrhG.

2.3 The drafts and final artwork may not be altered or passed on to third parties, either in the original or reproduction, without the express consent of HOCHBURG GmbH & Co. KG. Any imitation – even of parts – is prohibited. A violation of Clause 2.3 sentences 1 and 2 entitles HOCHBURG GmbH & Co. KG to demand a contractual penalty in the amount of 100% of the agreed or, according to the AGD tariff agreement for design services (latest version), the usual fee, in addition to the fee that is already due.

2.4 HOCHBURG GmbH & Co. KG grants the client the necessary usage rights for the respective purpose. Unless otherwise agreed, only a simple usage right is granted. A transfer of usage rights to third parties requires a written agreement.

2.5 The usage rights transfer to the client only after full payment of the fee.

2.6 HOCHBURG GmbH & Co. KG must be credited as the author on the reproduction copies. A violation of this provision entitles HOCHBURG GmbH & Co. KG to demand a contractual penalty in the amount of 100% of the agreed or, according to the AGD tariff agreement for design services (latest version), the usual fee, in addition to the fee that is already due.

2.7 Suggestions from the client or their employees, or any other contributions, have no influence on the amount of the fee. They do not establish joint authorship.

2.8 The drafts and final artwork may only be used for the agreed scope of usage (temporal, spatial, and content-related). Any use beyond the agreed scope of usage (temporal, spatial, and content-related) is not permitted and entitles HOCHBURG GmbH & Co. KG to demand a contractual penalty in the amount of 100% of the agreed or, according to the AGD tariff agreement for design services (latest version), the usual fee for this extended use, in addition to the fee that is already due.

3.1 Drafts and final artwork together with the granting of usage rights form a unified service. The remuneration is based on the AGD tariff agreement for design services, unless other agreements have been made. The fees are net amounts, which are payable plus the applicable value-added tax.

3.2 If no usage rights are granted and only drafts and/or final artwork are delivered, the remuneration for usage is waived.

3.3 The creation of drafts and all other activities performed by HOCHBURG GmbH & Co. KG for the client are chargeable, unless explicitly agreed otherwise.

4.1 The remuneration is due upon delivery of the work. It is payable without deduction. If the commissioned work is accepted in parts, a corresponding partial payment shall be due with each such partial acceptance. If an order extends over a longer period of time or requires HOCHBURG GmbH & Co. KG to make high financial advance payments, reasonable installment payments are to be made, namely 1/3 of the total remuneration upon placement of the order, 1/3 upon completion of 50% of the work, and 1/3 upon delivery.

4.2 Acceptance may not be refused for design or artistic reasons. Within the scope of the order, there is creative freedom.

4.3 In the event of payment default, HOCHBURG GmbH & Co. KG may charge default interest in the amount of 9 percentage points above the applicable base interest rate of the European Central Bank p.a. The assertion of a proven higher damage remains reserved.

5.1 Special services such as the revision or modification of final artwork, manuscript review, or print supervision will be charged separately based on the time involved, in accordance with the AGD tariff agreement for design services (latest version).

5.2 HOCHBURG GmbH & Co. KG is, after prior coordination with the client, entitled to commission third-party services necessary for the fulfillment of the order in the name and on behalf of the client. The client undertakes to grant HOCHBURG GmbH & Co. KG the corresponding power of attorney.

5.3 Insofar as, in individual cases, contracts for third-party services are concluded in the name and on behalf of HOCHBURG GmbH & Co. KG, the client undertakes to indemnify HOCHBURG GmbH & Co. KG internally from all liabilities arising from the conclusion of such contracts.

5.4 Expenses for technical incidental costs, in particular for special materials, the creation of models, photographs, intermediate shots, reproductions, typesetting and printing, etc., are to be reimbursed by the client.

5.5 Travel expenses and allowances for trips undertaken in connection with the order and agreed upon with the client are to be reimbursed by the client.

6.1 Only usage rights are granted to drafts and final artwork, ownership is not transferred.

6.2 The originals must be returned to HOCHBURG GmbH & Co. KG undamaged within a reasonable period, unless otherwise agreed in writing. In the event of damage or loss, the client must bear the costs necessary to restore the originals. The assertion of further damage remains unaffected.

6.3 The data and files created in fulfillment of the contract also remain the property of HOCHBURG GmbH & Co. KG. HOCHBURG is not obligated to hand over data and files to the client. If the client requests the release of such data and files, this must be agreed upon separately and compensated accordingly.

6.4 If HOCHBURG GmbH & Co. KG has made data and files available to the client, they may only be altered with the prior consent of the designer.

6.5 The shipment of all items mentioned in Clauses 6.1 to 6.4 is at the client's risk and expense.

7.1 Before execution of the reproduction, correction proofs must be submitted to HOCHBURG GmbH & Co. KG.

7.2 Production supervision by HOCHBURG GmbH & Co. KG shall only take place on the basis of a special agreement. If production supervision is undertaken, HOCHBURG GmbH & Co. KG is entitled to make the necessary decisions at its own discretion and to give corresponding instructions.

7.3 Of all reproduced works, the client shall provide HOCHBURG GmbH & Co. KG with 10 flawless specimen copies free of charge. HOCHBURG GmbH & Co. KG is entitled to use these samples and all work created in fulfillment of the contract for the purpose of self-promotion in all media and, moreover, to refer to its work for the client.

8.1 HOCHBURG GmbH & Co. KG is liable for damages, e.g. to templates, films, displays, layouts, etc. provided to it, only in cases of intent or gross negligence. In cases of damages resulting from injury to life, body, or health, HOCHBURG GmbH & Co. KG is also liable for slight negligence. Otherwise, it is only liable for slight negligence if a duty is violated whose observance is of particular importance for achieving the purpose of the contract (cardinal obligation).

8.2 For orders placed in the name and on behalf of the client with third parties, HOCHBURG GmbH & Co. KG assumes no liability towards the client, unless HOCHBURG GmbH & Co. KG is at fault in the selection. In such cases, HOCHBURG GmbH & Co. KG acts merely as an agent.

8.3 With the approval of drafts or final artwork by the client, the client assumes responsibility for the technical and functional correctness of product, text, and image.

8.4 HOCHBURG GmbH & Co. KG assumes no liability for drafts or final artwork approved in this manner by the client.

9.1 Complaints regarding obvious defects must be asserted in writing to HOCHBURG GmbH & Co. KG within 6 months after delivery of the work. Timely dispatch of the complaint is sufficient to meet the deadline.

9.2. The client shall notify HOCHBURG GmbH & Co. KG of defects without delay. Within reasonable limits, the client shall identify the defect, define its scope, and document it in writing. In the case of significant defects, the client is entitled to subsequent performance / rectification by HOCHBURG GmbH & Co. KG.

9.3. As long as HOCHBURG GmbH & Co. KG fulfills its obligation to remedy defects, the client has no right to demand a reduction of the remuneration or cancellation of the contract, unless the rectification has ultimately failed. The client is obliged to support HOCHBURG GmbH & Co. KG in the rectification of defects to the best of their ability. The right to rectification also applies to defects in any content provided by HOCHBURG GmbH & Co. KG in fulfillment of the contract and previously acquired and/or licensed by HOCHBURG GmbH & Co. KG (such as texts, photographs, illustrations from third parties, etc.).

10.1 Within the scope of the assignment, there is artistic freedom. Complaints regarding the artistic design are excluded. If the client requests changes during or after production, they shall bear the additional costs incurred as a result.

10.2 If execution of the assignment is delayed for reasons attributable to the client, HOCHBURG GmbH & Co. KG may demand a reasonable increase in remuneration. In cases of intent or gross negligence, HOCHBURG GmbH & Co. KG may also assert claims for damages. The assertion of further delay-related damages remains unaffected.

10.3 The client assures that they are authorized to use all templates handed over to HOCHBURG GmbH & Co. KG. Should the client not be authorized for use contrary to this assurance, the client shall indemnify HOCHBURG GmbH & Co. KG from all claims for compensation by third parties.

If the client terminates the contract prematurely, HOCHBURG GmbH & Co. KG shall receive the agreed remuneration, but must deduct saved expenses or substitute orders carried out or maliciously omitted (§ 649 BGB). However, the parties agree to a lump-sum settlement of the services and expenses rendered up to the time of termination as follows: In the event of termination before commencement of work: 10% of the agreed remuneration, or if no such remuneration has been agreed upon, 10% of the remuneration customary according to the AGD tariff agreement for design services (latest version). Beyond that, of course, deviating individual agreements are possible.
The client reserves the right to prove that the actual services or expenses were lower.

12.1 Insofar as the client is a registered merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the place of performance and jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of HOCHBURG GmbH & Co. KG. HOCHBURG GmbH & Co. KG is also entitled to bring an action at the client’s principal place of business.

12.2 The law of the Federal Republic of Germany shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (UN Sales Law or CISG) is excluded.

12.3 HOCHBURG GmbH & Co. KG is entitled to record and store the data about the client that has become known to it in an electronic data processing system and to use it for its business purposes.