General terms and conditions
General terms and conditions often have a negative connotation. In many cases, you get the impression that the creator of the general terms and conditions is trying to take advantage of their business partner. We believe that it is in our mutual interest to describe as briefly, transparently and plainly as possible what matters in our partnership.
For us, you are royalty. For our clients, we are prepared to ignore any of the provisions mentioned here or to change them to suit your requirements. This is something we need to discuss before you place an order. We welcome your feedback and would be happy to discuss any changes.
1. BGB and HGB apply.
If two individuals or companies do business today, the German Civil Code (BGB) and the German Commercial Code (HGB) automatically apply. That is the case with us and is a well thought-out and fair situation for both parties.
2. Collaborative project work
Please understand that any modifications to projects are to be remunerated. If we have not detailed a specific buffer for this in our joint project, our offer does not include any working hours needed for such Modifications. Modifications always cause additional costs: communication, design negotiations and, of course, the execution of the modification itself. We provide a 100% satisfaction guarantee for any modifications we make. You can ask and provide a reason to remove these services completely from our offer.
Tip: When you do agree to a buffer to account for the time needed for modifications, there will be no processing time, and we can start working on the modifications immediately.
We usually invoice clients in installments of 40% on receipt of the order, 30% on receipt of a prototype, and 30% on completion of the project.
//SEIBERT/MEDIA GmbH (hereinafter also referred to as the “Contractor”) is not responsible for any materials and information provided by the client. The Contractor is not obliged to check these materials and content for possible legal infringements. However, the Contractor shall point out to the client, any blatant risks that exist in its opinion. In the event that the Contractor itself is held liable due to the materials and content provided by the client, the client shall indemnify the Contractor against any and all claims.
3. Ownership, rights of use
The client shall not be granted ownership and rights of use to any diagrams, drafts, layouts, software and other materials and documents, which are handed over in the context of offers and contract negotiations. Disclosure to third parties requires the express consent of the Contractor.
After full payment of the agreed remuneration for the services rendered, the Contractor shall grant the client the right to use the services and products for the purposes on which the agreement is based to the contractually agreed extent. Unless expressly agreed otherwise, the use of the services and products shall be restricted to the territory of Germany.
If the client wishes to make use of work provided by the Contractor in whole or in part beyond the originally agreed purpose or scope, a separate royalty agreement shall be made in advance in order to obtain compensation for the rights of use. Unless otherwise agreed, the standard remuneration for design services according to the SDSt/AGD collective agreement shall be binding.
The transfer of the rights of use or the granting of sub-licenses is only permissible if it has been expressly agreed or arises from the intended purpose of the contract.
The client shall be obliged to cite the Contractor as the originator on any completed work and any copies thereof.
(a) Copyright and rights of use for design services
Every design order placed with the Contractor shall constitute a copyright agreement aimed at granting rights of use to the work provided. The drafts and final artwork may not be altered, either in the original or in any reproduction, without the express consent of the designer. Any imitation – even of parts – is prohibited.
The Contractor shall transfer the rights of use required for the intended purpose to the client. Unless otherwise agreed, only the simple rights of use in Germany or another country of destination shall be transferred in each instance. Any transfer of the rights of use to third parties requires prior written agreement between the designer and the client.
4. Reference client for //SEIBERT/MEDIA
We rely on being able to share our work to show other clients what they can expect from us. We will use your name, logo and write about our projects on our website. We would also like to publicly acknowledge your praise and criticism of our work. Of course we take care not to publish any confidential information and to write about your company in a positive context. Our references are also intended to be an advertisement for your company.
If you do not want us to publicly disclose information about our joint activities, please inform us in writing.
5. Further regulations
(a) Individual agreements have precedence
The modification or cancellation of any individual provisions of these general terms and conditions shall be made in writing. Oral agreements are non-binding.
(b) Supplier terms and conditions
If you should have supplier terms and conditions, please inform us of any provisions that you believe conflict with these terms and conditions and clarify with us which provisions should apply. Otherwise, the terms and conditions set out here shall apply.
(c) Our newsletter
We presume that our clients, business partners and interested parties want to know more about //SEIBERT/MEDIA and that our newsletter is interesting and important for them. Therefore we include your address in our mailing list. You can unsubscribe from this newsletter at any time, either independently or with our help.
(d) Place of jurisdiction
The place of jurisdiction is Wiesbaden.
6. Severability clause
Should any provision of these general terms and conditions be or become invalid, all other provisions shall remain unaffected. Insofar as these general terms and conditions contain loopholes, these shall be filled by a provision which takes into account the applicable law.
Please help us! //SEIBERT/MEDIA is a client-oriented service company. We live from the satisfaction of our clients. Please help us to improve deterrent and misleading clauses. Send us an email with your feedback and questions to vertrieb AT seibert-media.net. Thank you very much.