AGBs
General Terms and Conditions
Usage Rights
Unlimited Usage Rights for Presentations:
Upon implementation of the project, you receive the unlimited usage rights in terms of time and space.
Spatially Limited Usage Rights (German-speaking Area) for Brand Identity/Logo, Templates:
Projects of this type provide value beyond the project itself (creative goods, technical functionality development), so the usage rights are limited to the German-speaking area. Usage beyond this requires the consent of K16. There is no time limitation. Excluded are projects where international usage was already clear during the offer phase.
Purpose-bound Usage Rights for Websites, Online Media, Brochures, Posters, Print Media:
Projects of this type provide value beyond the project itself, so the usage rights are bound to the purpose formulated in the offer. Usage beyond this requires the consent of K16. There is no time limitation.
Licenses for Used Images and Fonts:
These are subject to third-party usage rights and must be agreed upon separately. Specific images can be used for a flat fee of 25.00 Euros, for which K16 is the licensee. Customer usage beyond this is not allowed and violates third-party copyrights.
Terms and Conditions
General
The following GTC apply exclusively. Other GTC do not become part of the contract, even if we do not expressly object to them and/or deliver or perform.
Copyright, Usage, and Exploitation Rights
K16 holds the statutory copyright, usage, exploitation, and ownership rights to the submitted works, templates, files, and other work materials. A transfer of rights occurs exclusively on a contractual basis after payment of the agreed remuneration to K16.
Any use of presented or handed over works and services of K16 without a contractual basis is unlawful, including modified or edited forms, as well as the use of the ideas underlying the works and services, provided these have not been reflected in the previous use by the client.
Contract Initiation
The contract is concluded only through offer and acceptance. K16 initially determines a cost estimate based on the specifications and requirements of a client request, valid for six weeks as an invitation to place an order. Offers from K16 are not offers in the legal sense and are therefore non-binding.
A contract is concluded when K16 confirms the order in writing or accepts it by performing the service. The acceptance period for K16 is four weeks from receipt of the order.
The scope of services results from the respective current framework contract and/or individual contract and/or cost estimate at the time of contract conclusion. Changes require written form.
(Pre-)Contractual Duties to Cooperate
The client provides K16 with all necessary specifications for the complete and correct implementation of their requirements. Incomplete or incorrect information must be corrected by the customer before placing an order. Incomplete or incorrect specifications may lead to additional expenses, which will be charged to the customer.
Payment Terms, Default
Agreed prices are net prices, plus the applicable VAT. Billing is done monthly based on effort. Invoices are due without any deduction according to the specific calendar payment terms stated on the invoices.
In case of payment default, default interest of eight percentage points above the base rate is payable.
Cancellation Costs
If the client unjustifiably withdraws from an order, the client is obliged to pay K16 10% of the sales price plus costs incurred from processing the order for lost profit. Unused but booked capacities by the client will be charged at 50% of the reserved time based on the agreed hourly rate. A cancellation up to 24 hours before project start is free of charge, provided no project-related costs have been incurred by K16.
Usage Rights
Upon full payment of the agreed remuneration, K16 transfers all necessary usage rights to the client for the use of their works and services as agreed in the framework contract and/or order and/or cost estimate. Usage rights for unpaid services remain with K16.
Reference Objects
K16 can refer to their contract products for the client in a suitable manner unless the client objects in writing with a legitimate interest.
Liability, Compensation
K16 performs the agreed services with the utmost care under the applicable laws. Liability for damages from injury to life, body, or health is unlimited. Liability for slight negligence is limited to the typical damage foreseeable at the time of contract conclusion, but not exceeding the order value.
Confidentiality, Data Protection
K16 undertakes to keep confidential all directly or indirectly known confidential information and to treat it according to the principles of the Federal Data Protection Act.
Place of Performance and Jurisdiction
The place of performance and jurisdiction for all claims and legal disputes arising from the contractual relationship is Hamburg. German law applies exclusively.
Scope
These GTC apply from April 1, 2014.