General Terms and Conditions of Business
§ 1 Scope of application
I, Luisa Hoppmann, as the owner of the sole proprietorship LKA-Agency for Performance and Creativity, provide my services exclusively on the basis of the following terms and conditions.
§ 2 Offers, conclusion of contract
(1) You can place an order with me verbally, in writing, by telephone or by e-mail. In this case, a contract between us shall only be concluded after I have confirmed the order in text form (e.g. letter, fax, e-mail). If you have not received an order confirmation within 2 days of receipt of your order, you are no longer bound by your order.
(2) If I submit an offer to you, a contract is only concluded after you have confirmed the order in text form.
(3) The time expenditure stated in my offers is an estimate based on the information available to me up to that point and my experience. The actual time required may vary and depends on your specific consulting and design requirements. You will receive a list of the services provided and the time required with my invoice.
§ 3 Remuneration
(1) The prices quoted by me are total prices. They include the statutory value added tax and other price components. I will issue an invoice for the services rendered, which will be handed over to you upon delivery.
(2) The prices cover the contractually agreed services. If you request a service not provided for in the contract, I shall be entitled to special remuneration.
§ 4 Payment, offsetting
(1) Unless otherwise agreed, the invoice amount is payable within 21 days net, within 14 days with a 2% discount. The date of receipt of payment by me shall be decisive.
(2) You shall only have a right of set-off if your claim is undisputed or has been recognised by declaratory judgement. Furthermore, you are only authorised to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.
§ 5 Copyright and rights of use
(1) Every contract concluded with me in connection with graphic, design, video and/or text services shall be deemed to be a copyright contract for the granting of rights of use to the services.
(2) My drafts, final artwork, graphic, design, video and/or text services are subject to copyright law. The provisions of the Copyright Act shall also apply if the necessary protection requirements are not met in individual cases. I am therefore entitled in particular to the copyright claims arising from §§ 97 ff. UrhG.
(3) My drafts, final artwork, graphic, design, video and/or text services may not be altered either in the original or in reproduction without my express consent. Any imitation – even of parts – is not permitted. Any breach of this provision shall entitle me to demand a contractual penalty in addition to compensation for damages. I may determine the amount of the contractual penalty at my reasonable discretion. In the event of a dispute, the amount of the contractual penalty shall be reviewed for reasonableness by the competent court.
(4) I only grant you the rights of use required for the respective contractual purpose. Any further utilisation by you requires a separate prior agreement. You only acquire the rights of use after full payment of my agreed remuneration.
(5) Unless we agree otherwise, I shall only grant you a simple right of use in each case. Any transfer of the rights of use by you to third parties shall require my consent in text form; this shall only not apply if this is necessary to fulfil the purpose of the contract. In any case, I remain authorised to use drafts, final artwork, graphic, design, video and/or text services and reproductions thereof in the context of my own advertising.
(6) I reserve the right to be named as the author on the reproductions and in publications about the product upon request. Any infringement of the right to be named shall entitle me to compensation. Without proof, I can demand 100% of my remuneration in addition to this as compensation. You have the right to prove that no damage has been incurred or that the damage is significantly lower than the lump sum.
(7) Your suggestions and/or instructions do not constitute a joint copyright. They also have no influence on the amount of my remuneration.
§ Section 6 Use of artificial intelligence – AI, liability, indemnification
(1) I am authorised to provide my services with the help of AI applications; ‘AI application’ is an application based wholly or partly on artificial intelligence and machine learning.
(2) If the data processing by means of AI application concerns personal data, you guarantee me that you have the necessary rights for processing, in particular the use for transmission or other provision, and that you do not infringe any rights of third parties. You are solely liable for any infringement of third-party rights. In the event of a claim being made against me, you shall indemnify me in full against any justified claims made against me by a third party due to a justified infringement of its rights in the processing of personal data and shall compensate me for any further damage caused by the claim. The indemnification also includes the costs incurred by me for an appropriate legal defence to defend against unfounded claims by the third party.
§ 7 Retention of title
The delivered goods remain my property until full payment has been made.
§ 8 Text form clause
Amendments and/or additions to the contract must be made in text form. This also applies to this text form requirement.
§ 9 Note on the artists’ social security contribution
You may be obliged to pay social security contributions for artists in accordance with § 24 of the Artists’ Social Security Act (Künstlersozialversicherungsgesetz – KVSG). Further information on this can be found, for example, at http://www.kuenstlersozialkasse.de/unternehmen-und-verwerter/faq-unternehmen-und-verwerter.