General terms and conditions of business
A contract is concluded between the client and Derag Design on the basis of these General Terms and Conditions (GTC).
§ 1 Validity / General
1) The following General Terms and Conditions apply to all orders, offers, deliveries and services carried out by Derag Design.
Unless otherwise agreed, these General Terms and Conditions shall also apply to all future orders from the same client.
These General Terms and Conditions serve to regulate and clarify certain aspects of the contractual relationship, which otherwise depends on the content of the individual order. Amendments or additions to these General Terms and Conditions must be made in writing and expressly marked as such. The contracting parties agree that these General Terms and Conditions of Derag Design shall apply exclusively. Any terms and conditions of the client shall not apply. Any deviating agreements between the contracting parties, which have been recorded in writing, shall prevail over these General Terms and Conditions.
2) Photographs, illustrations, videos within the meaning of these General Terms and Conditions are all products produced by Derag Design, regardless of the technical form or medium in which they were created or exist (paper images, images on canvas, images in digital form on CD/DVD or other storage media, slides, negatives, illustrations, videos, etc.). The client acknowledges that the image material supplied by Derag Design is copyrighted work within the meaning of Section 2 Paragraph 1 Item 5 of the Copyright Act.
3) Unless the client has provided explicit instructions regarding the design of the photos, illustrations, and videos, Derag Design shall be free to determine the visual concept and the artistic and technical design. Complaints in this regard are excluded.
§ 2 Rights of use and copyright
1) Derag Design retains the exclusive copyright to all photos, illustrations, and videos created within the scope of the respective order. Copyrights are non-transferable.
2) Derag Design transfers a non-exclusive right of use to the photos, illustrations, and videos to the client. This includes private, non-commercial use. The transfer of rights of use requires a separate agreement and remuneration.
Any modification or further processing (e.g., through photo compositing, montage, or electronic means to create a new copyrighted work) of the supplied photos, illustrations, or videos requires the express permission of Derag Design. The same applies to the transfer of usage rights to third parties, which the client is generally not permitted to do.
3) Any subsequent commercial use of the photos, illustrations, or videos – regardless of the form – by the client or by third parties is only permitted with the prior written consent of Derag Design. This also applies to files that have been digitally or otherwise altered or modified by the client or third parties. Derag Design must be appropriately compensated for this further use after prior agreement and will be invoiced separately.
4) The rights of use to be transferred shall only be transferred after full payment of the agreed fee in the form of digital files or as agreed.
5) If Derag Design grants permission to use photos, illustrations, and videos (Facebook, Instagram, Twitter, flyers, and other websites), Derag Design may request to be credited as the author. If Derag Design exercises this right, Derag Design may be liable for damages for violations of the right to be credited.
8) Individual deviations from the usage and copyright rights and special conditions must be agreed in writing.
§ 3 Remuneration
1) A fee is agreed upon for the production of photos, illustrations, and videos. This fee includes VAT for private customers and excludes VAT for commercial customers, plus any travel expenses.
2) Due invoices or stated deposits are to be paid immediately, but no later than within 8 days, without deductions. Photos, art prints, illustrations, videos, etc. remain the property of Derag Design until full payment is received.
3) If the time allocated for the execution of the order is significantly exceeded for reasons beyond Derag Design's control, or if the client requests an extension, Derag Design's fee will be increased accordingly. This also applies to the waiting time, which will be charged at the agreed hourly or daily rate, unless the client can prove that Derag Design has not suffered any damage.
7) Note for recyclers
§ 4 Liability
1) Derag Design and its vicarious agents shall only be liable for damages of any kind arising from the performance of the contract in the event of intent or gross negligence.
2) Derag Design shall not be liable for damages, defects or losses caused by subcontractors or suppliers who provide their services on their own account.
3) Delivery dates for photos, illustrations and videos are only binding if they have been expressly confirmed by Derag Design.
4) The risk and costs of transporting data media, files, and online and offline data are borne by the client or supplier. Derag Design reserves the right to determine the method of transmission.
§ 6 Final provision / Severability clause
1) The law of the Federal Republic of Germany shall apply exclusively.
2) There are no ancillary agreements to the contract and, if subsequently desired, must be in writing to be effective.
3) The possible invalidity or ineffectiveness of one or more provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.
4) In the event that the client does not have a place of jurisdiction in the Federal Republic of Germany or moves his registered office or habitual residence abroad after conclusion of the contract, the place of residence of Derag Design shall be agreed as the place of jurisdiction.
The laws of the Federal Republic of Germany apply. As of: December 27, 2021
A contract is concluded between the client and Derag Design on the basis of these General Terms and Conditions (GTC).
§ 1 Validity / General
1) The following General Terms and Conditions apply to all orders, offers, deliveries and services carried out by Derag Design.
Unless otherwise agreed, these General Terms and Conditions shall also apply to all future orders from the same client.
These General Terms and Conditions serve to regulate and clarify certain aspects of the contractual relationship, which otherwise depends on the content of the individual order. Amendments or additions to these General Terms and Conditions must be made in writing and expressly marked as such. The contracting parties agree that these General Terms and Conditions of Derag Design shall apply exclusively. Any terms and conditions of the client shall not apply. Any deviating agreements between the contracting parties, which have been recorded in writing, shall prevail over these General Terms and Conditions.
2) Photographs, illustrations, videos within the meaning of these General Terms and Conditions are all products produced by Derag Design, regardless of the technical form or medium in which they were created or exist (paper images, images on canvas, images in digital form on CD/DVD or other storage media, slides, negatives, illustrations, videos, etc.). The client acknowledges that the image material supplied by Derag Design is copyrighted work within the meaning of Section 2 Paragraph 1 Item 5 of the Copyright Act.
3) Unless the client has provided explicit instructions regarding the design of the photos, illustrations, and videos, Derag Design shall be free to determine the visual concept and the artistic and technical design. Complaints in this regard are excluded.
§ 2 Rights of use and copyright
1) Derag Design retains the exclusive copyright to all photos, illustrations, and videos created within the scope of the respective order. Copyrights are non-transferable.
2) Derag Design transfers a non-exclusive right of use to the photos, illustrations, and videos to the client. This includes private, non-commercial use. The transfer of rights of use requires a separate agreement and remuneration.
Any modification or further processing (e.g., through photo compositing, montage, or electronic means to create a new copyrighted work) of the supplied photos, illustrations, or videos requires the express permission of Derag Design. The same applies to the transfer of usage rights to third parties, which the client is generally not permitted to do.
3) Any subsequent commercial use of the photos, illustrations, or videos – regardless of the form – by the client or by third parties is only permitted with the prior written consent of Derag Design. This also applies to files that have been digitally or otherwise altered or modified by the client or third parties. Derag Design must be appropriately compensated for this further use after prior agreement and will be invoiced separately.
4) The rights of use to be transferred shall only be transferred after full payment of the agreed fee in the form of digital files or as agreed.
5) If Derag Design grants permission to use photos, illustrations, and videos (Facebook, Instagram, Twitter, flyers, and other websites), Derag Design may request to be credited as the author. If Derag Design exercises this right, Derag Design may be liable for damages for violations of the right to be credited.
6) The client will receive only processed, high-resolution data in JPG format or the agreed formats. Derag Design will select the format. Unprocessed, digital raw data (RAW) is not permitted. The storage of the digital files is not part of the contract. Therefore, storage is provided without warranty.
7) Derag Design reserves the right to use a selection of the best files as a presentation of its own work, thus showing it to potential clients or business partners in various formats. The client may use the files without restriction for its website, advertising materials, sample albums, or at trade fairs. The client fully indemnifies Derag Design against any third-party rights. The client may expressly object to such use of the images by Derag Design at the latest upon receipt of the initial prints.
1) A fee is agreed upon for the production of photos, illustrations, and videos. This fee includes VAT for private customers and excludes VAT for commercial customers, plus any travel expenses.
2) Due invoices or stated deposits are to be paid immediately, but no later than within 8 days, without deductions. Photos, art prints, illustrations, videos, etc. remain the property of Derag Design until full payment is received.
3) If the time allocated for the execution of the order is significantly exceeded for reasons beyond Derag Design's control, or if the client requests an extension, Derag Design's fee will be increased accordingly. This also applies to the waiting time, which will be charged at the agreed hourly or daily rate, unless the client can prove that Derag Design has not suffered any damage.
4) A deposit of 1/3 of the agreed fee is due immediately upon booking, but no later than 8 days, without deductions. If the deposit is not paid on time, the right to a binding reservation expires. The remaining amount is due upon completion of the contract, but no later than 8 days after the booking.
For appointments cancelled 24 hours or less in advance, any deposits or invoice amounts already paid will be retained.
5) If the order for the execution of the service is cancelled by the client within 3 days of the booking confirmation, an expense allowance of €150.00 plus statutory VAT and any travel expenses (consultation, telephone charges, preparation of a cost estimate, etc.) will be due.
Please note: Anyone who regularly uses artistic or journalistic services from, for example, freelance designers, graphic artists, copywriters, or photographers for their advertising activities is considered a so-called exploiter and must pay a fee to the Artists' Social Insurance Fund. More information can be found here: http://www.kuenstlersozialkasse.de/wDeutsch/unternehmer/kuenstlersozialabgabe/index.php
1) Derag Design and its vicarious agents shall only be liable for damages of any kind arising from the performance of the contract in the event of intent or gross negligence.
2) Derag Design shall not be liable for damages, defects or losses caused by subcontractors or suppliers who provide their services on their own account.
3) Delivery dates for photos, illustrations and videos are only binding if they have been expressly confirmed by Derag Design.
4) The risk and costs of transporting data media, files, and online and offline data are borne by the client or supplier. Derag Design reserves the right to determine the method of transmission.
5) Derag Design organizes and allocates bookings, as well as their execution, with the utmost care. However, if, due to circumstances beyond its control (e.g., sudden illness, traffic accident, environmental influences, traffic disruptions, etc.), a photographer or videographer fails to appear at the agreed time or arrives late, no liability can be accepted for any resulting damages or consequences.
§ 5 Data Protection
In connection with the initiation, conclusion, processing, and reversal of a purchase contract based on these Terms and Conditions, the provider collects, stores, and processes data. This occurs within the framework of the statutory provisions. The provider does not disclose the customer's personal data to third parties unless legally obligated to do so or the customer has expressly consented in advance. If a third party is used for services related to the processing of data, the provisions of the Federal Data Protection Act are observed. The data provided by the customer when placing an order will be processed exclusively for the purpose of contacting the customer within the scope of contract execution and only for the purpose for which the customer provided the data. If the provider is subject to retention periods of a commercial or tax law nature, the storage of some data may last up to ten years. At the customer's request, personal data will be deleted, corrected, or blocked within the framework of the statutory provisions. Information about all of the customer's personal data is available free of charge. For questions and requests regarding the deletion, correction, or blocking of personal data, as well as the collection, processing, and use, the customer can contact the following address:
Derag Design, Papiermühlstraße 6, 67655 Kaiserslautern, 49 631 3705605, info@deragdesign.de
Derag Design, Papiermühlstraße 6, 67655 Kaiserslautern, 49 631 3705605, info@deragdesign.de
§ 6 Final provision / Severability clause
1) The law of the Federal Republic of Germany shall apply exclusively.
2) There are no ancillary agreements to the contract and, if subsequently desired, must be in writing to be effective.
3) The possible invalidity or ineffectiveness of one or more provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.
4) In the event that the client does not have a place of jurisdiction in the Federal Republic of Germany or moves his registered office or habitual residence abroad after conclusion of the contract, the place of residence of Derag Design shall be agreed as the place of jurisdiction.
The laws of the Federal Republic of Germany apply. As of: December 27, 2021