Terms and Conditions of DOSCH DESIGN Kommunikationsagentur GmbH
1. Validity of the clauses
1.1.
DOSCH DESIGN Kommunikationsagentur GmbH supplies its services exclusively on the basis of these General Terms and Conditions. This also applies to all future services, if the GTCs are not explicitly altered and agreed again. Contradictory conditions of purchasing and delivery do not form part of the contract, even if we do not explicitly object to them, including in the event of performance/delivery.
1.2
All legal transactions with DOSCH DESIGN Kommunikationsagentur GmbH are based on the clauses of these GTCs. On granting the first order, the client recognises the exclusive validity of our clauses, even if the wording of his General Terms and Conditions contradicts this, unless otherwise agreed in writing.
2. Order process
2.1.
After receiving the written order confirmation from the client, DOSCH DESIGN Kommunikationsagentur GmbH assumes the work for the submitted order and creates a corresponding draft within an agreed period.
The drafts are transferred to the client for inspection and approval in the form of PDFs, screenshots or print-outs (at the choice of DOSCH DESIGN Kommunikationsagentur GmbH).
2.2.
The client will be given every draft for inspection and approval. Where possible, transfer by e-mail is generally preferred.
2.3
After receiving the first draft, the client has the right to request one-time revisions or improvements, or (if he does not find the first draft at all acceptable) he can request a second draft.
However, if revision requests are in stark contrast with the design specifications made by the client in the order, any additional costs incurred through this will be billed as this is not the result of an error on our part. As a rule, the client should provide detailed new design specifications for the second draft in order that DOSCH DESIGN Kommunikationsagentur GmbH can implement these as well as possible. However, the requests for a second draft may not significantly exceed the framework of the specifications made on submitting the order. We guarantee this right for all fixed-price offers in our standard price list.
For all orders that are based on an individual price quotation by DOSCH DESIGN Kommunikationsagentur GmbH, we offer a simple right of revision, i.e. minor revision requests from the client (e.g. changes to text, replacing photos or similar) are carried out once free of charge.
Any further revision requests or the creation of a completely new draft will result in the corresponding billing of the additional costs incurred on an hourly basis.
3. Invoice, approval
3.1
All prices are exclusive of the applicable VAT (currently 19%).
3.2.
At its own discretion, DOSCH DESIGN Kommunikationsagentur GmbH will make the originals available in exceptional cases or in special trust cases, including immediately after approval, e.g. for known regular clients.
Once the client grants approval, DOSCH DESIGN Kommunikationsagentur GmbH issues a corresponding invoice, which is payable within 8 days following the date of invoice without deductions (if no payment is made in advance).
The original graphic or the created websites is/are fundamentally only made available after receipt of payment.
3.3
Approval is to be granted within a normal period of time (we usually assume a maximum of two working weeks, i.e. 10 working days) and may not be declined for design or artistic reasons. There is design freedom within the framework of the order.
Insofar as approval following a reminder by DOSCH DESIGN Kommunikationsagentur GmbH has not been granted by the client after a maximum of 15 working days following the transfer of the draft, the draft is considered to be approved and will be billed.
Non-approval of our second draft, in conjunction with a cancellation of the order, does not release the client from his binding submitted order, i.e. DOSCH DESIGN Kommunikationsagentur GmbH reserves the right to remuneration for work already begun/rendered and the right to compensation due to non-fulfilment.
3.4
If payments are delayed, DOSCH DESIGN Kommunikationsagentur GmbH can demand post-maturity interest at a rate of 6% above the respective base rate from the European Central Bank p.a.
4. Terms of payment
The agreed remuneration is in accordance with the respective valid price list, issued individual quotations or concluded written special agreements, and payable strictly net without deductions within 8 days of the invoice date.
5. Retention of title
Only rights of use are granted for drafts and final artwork; no proprietary rights are transferred.
6. Conditions for Software Deliveries
Upon providing software, the customer receives a simple, non-exclusive, and non-transferable usage right to the software and its accompanying documentation. Unless otherwise agreed, the usage right is indefinite. For subscription services, the usage right is limited to the duration of the subscription. DOSCH DESIGN allows the customer to use the software in object code and user documentation ("Software") simultaneously on one computer system for the corresponding tasks. Unless legally required, the customer may not decompile or reverse engineer the software. DOSCH DESIGN may terminate the usage right if the customer continues to breach the usage terms despite a warning and a 30-day grace period. If the usage right expires, the customer must return or delete the original and all copies and partial copies of the software within 30 days to DOSCH DESIGN. Deletion must be communicated promptly and credibly to DOSCH DESIGN. Upon written consent from DOSCH DESIGN, the customer may retain a copy for archival purposes.
The respective license agreements of the manufacturers must be complied with by the customer.
The correct function of the software can only be guaranteed if the customer's hardware and operating system components correspond to the respective manufacturer's reference systems and are released or certified by them. The customer is responsible for meeting these requirements, unless otherwise agreed in the contract.
6.1 Conditions for Customized Software
The customer also receives a simple, non-exclusive, and non-transferable usage right to the software and its accompanying documentation. Unless otherwise agreed, the usage right is indefinite. Unless legally required, the customer may not decompile or reverse engineer the software. There is no claim to the release or disclosure of the source code. The release of the source code requires an explicit agreement.
§7 License Agreement for Dosch 3D, DoschHDRI, DoschViz Images and Dosch Textures products
With the download of digital media files (for definition see §7-1), you (the buyer) recognize the validity of this agreement.
If a buyer enters this agreement in the name/in place of the employer then the coverage of this agreement will extend to both the employee and the employer. If the employment is terminated then the employer can continue to use the product with all the inherent rights and obligations laid out in this agreement.
(1) Definitions
Digital Media Files are any textures, 3D-models, images which a buyer properly purchases from Dosch Design, or which a user obtains, directly or indirectly, from Dosch Design.
(2) Granting of the License
With the proper purchase and use of the Digital Media File(s) the buyer obtains a non-exclusive license to use and modify the Digital Media File(s) according to the conditions laid out in the following paragraphs.
(3) License
The Digital Media File(s) can be used license-free (without additional fees), and -except for below mentioned exceptions- without limitations in: animations, illustrations/renderings, film/video, TV, multimedia, commercials, live-performances, Internet, presentations, product- or print jobs (DVD, computer games, entertainment- and training videos, music videos, etc.).
The usage limitations are the following:
No Digital Media File(s) may be
(a) separately published, marketed, distributed, transferred, sold or sublicensed in full or in excerpts (any part thereof).
(b) published, marketed, distributed, transferred, sold or sublicensed as part of a rendering, animation, software application, data or any other product from which any original Digital Media File, or any part thereof, or any substantially similar version of the original Digital Media File can be separately exported, extracted, or decompiled into any redistributable form or format.
(c) published, marketed, distributed, transferred, sold or sublicensed as "clip art" or the like, including but not limited to animations or still images that are sublicensed or otherwise distributed by a stock photography or stock animation agency, or in any other manner in which the primary source of value derived from publishing, marketing, distributing, transferring, selling or sublicensing the image (or Digital Media File) is that it is accessible in a manner similar to "clip art."
(4) Single-user License
The Digital Media File(s) may only be modified or used in unmodified form, on one computer at any one time. You may not rent, lease, lend, sell or sublicense the Digital Media File(s) to another person, company or other entity. Anything you produce using the Digital Media File(s) must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work.
Please contact Dosch Design for a multi-user (group) license if you need to use the Digital Media File(s) over a network for multiple users.
(5) Special License
Please note that special licensing is available from Dosch Design in order to obtain additional rights (beyond the rights outlined above).
(6) Special Limitations
The Digital Media File(s) may not under any circumstances be used in or in conjunction with pornographic, defamatory, obscene, fraudulent, libelous, infringing, immoral, or illegal material.
The buyer and/or user have the sole & full responsibility for all legal consequences of any such use.
(7) Copyright
All Digital Media Files are copyright Dosch Design or its licensors and are protected by German copyright laws, international treaty provisions and other applicable laws.
No title or intellectual property right in the Digital Media File(s) is transferred to the buyer. Dosch Design retains all rights not expressedly granted to the buyer by this license agreement.
(8) Liability
Dosch Design is not liable for specific, direct, indirect, consequential, punitive (fines/penalties), or incidental damages, (incl. but not limited to damages through the loss of profit, business interruption, loss of business data, or any other monetary loss) which result from the successful or failed use of the Digital Media File(s).
Licensors entire liability and the buyers exclusive remedy shall be no more than the amount paid for the particular Digital Media File(s).
(9) Breach of Contract
The buyer/user agrees to indemnify, defend and hold Dosch Design our affiliates, business partners, officers, directors, employees and agents harmless from any loss, damages, claim or liability of any kind arising from 1) the use of the Digital Media File(s) in any form, 2) any breach of the terms and conditions of this agreement, or 3) the buyers/users negligent act, omission or willful misconduct.
All license rights granted pursuant to this agreement shall automatically terminate upon the breach of this agreement.
(10) Warranty
Dosch Design warrants The Digital Media File(s) to be free from defects in material and workmanship for 90 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of The Digital Media File(s) or applicable media. Refunding the purchase price is only an option for Dosch Design.
DOSCH DESIGN MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE DIGITAL MEDIA FILE(S) AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT ARE HEREBY DISCLAIMED.
(11) Amendments
Dosch Design reserves the right to amend or change this agreement at any time.
(12) Enforceability
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.
(13) Venue
This Agreement will be governed by the laws in force in Marktheidenfeld, Germany. The buyer will bring any legal action to court in Würzburg, Germany.
8. Final provisions
8.1
Intellectual property rights, such as trademark rights, copyright, utility model law and design law or similar, for images, text, plans, drawings and any other materials and documents, regardless of their form, that are provided to us by you or by third parties at your instigation have not been and are not verified by us for the purpose of their use, processing, distribution or any other form of use as per the order. This applies in particular to all rights to all word marks, brands, symbols, images and similar used by us for your order. The verification of the existence of such rights and the payment to third parties of any licence fees, royalties and other fees or similar relating to these rights is to be undertaken by you. We explicitly do not accept any liability for any infringement upon such rights - except in cases of intent. Insofar as claims are made against us by third parties in this regard, you shall release us in full from such claims and the costs incurred relating to these.
8.2
Amendments and additions to the contract, including these GTCs, must be made in writing. This also applies to amendments to this written form clause. No verbal subsidiary agreements have been made.
8.3
The client agrees that graphics, websites, etc. created for the client can be displayed by DOSCH DESIGN Kommunikationsagentur GmbH in our public galleries on our website as a reference if required and used as examples of our work in other forms of advertising. Furthermore, the client agrees that his company name, where applicable with a URL, or positive quotations may be included in our customer list, which is also used for advertising purposes. Naturally, this provision does not apply to projects that we undertake for agencies that in turn act as resellers and ask DOSCH DESIGN Kommunikationsagentur GmbH for anonymity or customer protection.
8.4
The law of the Federal Republic of Germany applies.
8.5
The exclusive jurisdiction for all disputes arising from this order or the business relationship is our company headquarters in Marktheidenfeld.
8.6.
The client is hereby informed that personal data gathered as part of the business relationship is handled in accordance with the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz).
8.7.
If individual provisions of the contract, including these GTCs, are or become invalid in whole or in part, the validity of the remaining provisions shall not be affected by this.
Valid from: 2023-01-01, Marktheidenfeld, Germany
DOSCH
DESIGN GmbH
Address: Kirchgasse 1 - 97828 Marktheidenfeld
- Germany
Phone: +49-(0) 9391-507090-0 - Fax: +49-(0) 9391-507090-20 -
info@doschdesign.com
Owner/CEO:
Sebastian U. Dosch - Registergericht: Amtsgericht Würzburg
HRB5307 - Tax-number: 231/124/70050
www.doschdesign.com
