general terms and conditions
1. APPLICABILITY AND SCOPE
The following General Terms and Conditions (GTC) apply to all services that Koop Edgar und Stadter Jonas ACIDSOUP GbR hereinafter referred to as AGENCY, provides for the client. The client agrees to these conditions when placing the order or confirming the order (e.g. by email). The GTC can be found as an attachment of the budget offer email.
The General Terms and Conditions apply to all future orders within the framework of the current business relationship, even if they are not expressly included, unless expressly agreed otherwise. Deviating, conflicting or supplementary general terms and conditions of the client are not part of the contract, unless the AGENCY expressly agrees in writing.
Client has contracted Artist for the above listed services in promotion of titled Project, for which services Artist shall be compensated by Client as listed above.
The services listed above embody the entire scope of Artist’s work on Client’s project, and further services required by Client shall necessitate a new written agreement before commencement of work. Prior to commencing any work or additional services that are beyond the scope of this agreement, Artist will submit an estimate for the work/service to Client, all parties will discuss it and Client written permission will be required before proceeding.
4. ROUNDS OF CORRECTION
The offer includes two rounds of correction for each asset. In this sense, an asset is the grouping of a meaningful subset of the product’s components. As long as the correction rounds are within a reasonable scope and do not exceed the time limit extremely, Artist takes the right to decide whether or not to charge a surcharge for these correction rounds.
5. PROJECT SUCCESS AND ARTISTIC FREEDOM
The project is considered to be successfully completed if it meets all the requirements and conceptual demands of Client. Since this is an artistically creative activity, Artist reserves the right to decide when the project can be treated as successfully completed from all artistically creative aspects. Artist assures the client to try with all means to implement these aspects in the client’s sense.
6. TIME CALCULATION
The total time in working days planned for each task is the multiplication of the value of AMOUNT with DAYS, where DAYS is defined as a weekday – 8 hours. In case the value of AMOUNT is undefined, as the task has no repetition, the value of DAYS describes the total time in working days planned for this task.
7. SPECIAL PAYMENT DUE DELAYS
Artist has the right to charge Client an additional surcharge for work spent on weekends or national holidays, due short deadlines or delays in the process on the part of Client. Artist must explicitly list this surcharge in his calculation or, if this surcharge arises during the processing process, expressly and immediately inform Client.
The costs of each task is the multiplication of the values of AMOUNT and DAYS with PRICE/D.
The total cost is listed under TOTAL, containing all listed taxes. The currency is € (EURO).
Both Client and Artist hereby agree to the deadline listed above. Client will promptly deliver all the necessary assets for the deadline in order to enable Artist to process the tasks listed above on time. Delays in the process on the part of Client have a corresponding effect on the deadline.
Client agrees to payment to Artist due no later than 14 days after receipt of invoice, unless otherwise expressly agreed.
In the event of a project termination, Client declares that it is ready to remunerate the services provided up to the termination declaration in accordance with the cost calculation. Artist takes the right to decide whether or not to charge the full amount of the calculated costs.
12. RIGHT OF USE
Title to all products is maintained by Artist until final payment is received. After full payment, exclusive use of all products created in this agreement are transferred to Client. Usage does not include the right to modify or resell the product. Artist also retains all rights to any elements of deliverables that are part of his own process and aren’t specifically designed and/ or created for Client.
13. COPYRIGHT VIOLATION
Artist guarantees, to the best of its integrity, knowledge and belief, that the work it creates will not violate the copyright of any other party. Should judgment arise after project completion, it is not liable for similarities. Client guarantees that
(a) Client owns all right, title, and interest in, or otherwise have full right and authority to permit the use of any content provided by Client for incorporation into the product,
(b) to the best of Client’s knowledge, the content does not infringe the rights of any third party, and use of Client’s content (as well as any trademarks) in connection with this project does not and will not violate the rights of any third parties, and
(c) Client will comply with the terms and conditions of any licensing agreements which govern the use of third party materials incorporated into the product (with the Client’s consent). Client agrees to be responsible and not to cause any damage to Artist.
Client grants Artist permission to publish any product, for purposes of self-promotion. Artist guarantees, however, that such a publication will be carried out at a reasonable time and only with request to Client.
By signing the budget offer and moving forward with the project Client agrees to project terms, budget and to pay by invoice due date.