1. TERMS AND CONDITIONS
The following terms and conditions govern the relationship between the client and the graphic designer / web designer "Andrej Marffy – Graphic- & Webdesign," hereinafter referred to as the "designer." They are an integral part of every order. Deviations from these conditions require written form.
The Designer provides the following services in the field of visual communication (corporate, print, and web design): order preparation and planning, concept and drafts, detailed design and execution, realization and production supervision. For additional services, the designer collaborates with selected specialists.
3. FIDUCIARY DUTY AND CONFIDENTIALITY
The designer undertakes to perform the assigned tasks diligently and responsibly. Confidential treatment is ensured for entrusted information or information developed for the client.
The copyrights to all works created by the designer (concepts, drafts, etc.) generally belong to the designer. As a result, the client is not authorized to make changes to the relevant works (especially in terms of design) without the designer's consent. The idea and design remain the intellectual property of the designer.
5. USAGE RIGHTS
The scope of permitted use of works created by the designer is determined by the order description or the quotation. The works, order documents, or parts thereof handed over to the client by the designer may only be used within the framework of the agreed-upon order. Unless otherwise agreed, the client's usage, in terms of content, time, and geography, is limited to the one-time use of the created product. For any use beyond the scope of the contract, the client must obtain permission from the designer and provide appropriate compensation.
When processing, adapting, or redesigning works (design work, photos, texts, electronic data, etc.) provided by the client, the designer assumes that authorization for such uses exists and, accordingly, no third-party rights are infringed upon.
7. RETENTION OBLIGATION
The designer keeps the order documents, particularly digital data, for at least one year after completion of the order. Unless otherwise instructed in writing, the designer is relieved of further storage obligations. In the case of extensive work, the storage media may be partially invoiced by the designer.
8. RELEASE OF DATA AND ORIGINALS
The electronic data and originals generally belong to the designer and are provided to the client only for the agreed-upon use.
9. SAMPLE COPIES
Three flawless samples of all produced works (including reprints) must be provided to the designer without request. In the case of books or other valuable items, one copy should be submitted. The designer has the right to use and publish these samples as proof of work.
10. PRELIMINARY DISCUSSION
The initial discussion (contact, quotation discussion) for a design order is free of charge and non-binding for both parties.
The cost estimate based on approximate information is considered a non-binding rough quotation. Additional services not mentioned in the quotation will be invoiced separately. Additional expenses resulting from poor-quality templates or image data, author corrections (subsequent text changes, image replacements, additional texts, additions, etc.), unless stated otherwise in the quotation, are not included in the offered price and will be invoiced based on actual effort. For indefinite quotations by the designer, the price commitment expires after 60 days. The designer's price information exclusively refers to the design and does not include the costs of printing, which will be listed separately.
12. SERVICES AND INVOICES FROM THIRD PARTIES
External services will be specified and invoiced separately by the respective companies. The customer is responsible for the payment of invoices from the printing company and other service providers. The designer acts exclusively as a mediator and consultant, always on behalf of the customer. The billing address is the customer's address. To ensure control, invoices from third parties must be sent in duplicate to the designer.
Invoices are payable within 30 days from the invoice date, unless otherwise stated. In the case of extensive time spent on fulfilling the order, the designer is entitled to agreed-upon advance payments from the customer.
14. ORDER PLACEMENT
Order placement can be done orally, in writing via fax, email, or letter, and automatically assumes that these general terms and conditions have been read and fully accepted.
15. GENERAL TERMS FOR ORDERS
An individual order refers to a single job. There are no further obligations after the completion of the order. Recurring orders are contractually regulated and are primarily used for overall concepts or campaigns. They specify the content, timing, geographical scope, and budget.
16. AUTHOR CORRECTIONS
Author corrections refer to additional services caused by the customer, which were not included in the original offer and arose due to faulty or non-compliant data, documents, or templates delivered.
17. APPROVAL FOR PRINTING
The client is obliged to check the control documents provided before final production for errors. These documents must be signed and returned within the specified deadline, along with the "Approval for Printing" and any correction remarks. Approval can also be given via email.
18. BILLING PHASES
Generally, each phase of the project according to the offer is eligible for invoicing separately, or the entire project as a whole. If an issued order is reduced or canceled, the designer is entitled to payment for the services that have been fully provided or initiated. Additionally, the customer is responsible for covering any expenses or prepayments made to third parties.
Depending on the size of the project, the designer is entitled to claim possible referral commissions.
20. INVOICE CONTROL AND INFORMATION
The designer undertakes to control and verify the invoices from third parties according to the services rendered. The customer can request information about invoices from third parties as well as from the designer at any time.
21. LIABILITY LIMITATION
Manuscripts, data carriers, and templates provided to designer will be handled with customary care. The client is responsible for assuming or insuring any further risks without a special written agreement. Liability beyond the value of the order for any claims arising from direct or indirect damages resulting from defects is rejected. Liability is limited to gross negligence.
The services and products provided by the designer must be promptly inspected upon receipt. Any complaints must be made within 8 days.