2. Copyright protection and right of use

2.1 The services to be provided by the illustrator are subject to copyright protection. The provisions of the law on contracts for work and services and the Copyright Act shall apply. Payment of a fee for work alone does not entitle the customer to use the work. This requires a separate agreement on the granting of rights of use and appropriate remuneration.

3. Contracts

3.1 Confirmations or minutes of meetings provided by the Illustrator are binding unless the Customer objects immediately. The Illustrator is entitled to use suitable third parties to fulfill the contract. In this case, the Illustrator shall acquire and grant the Customer any rights of use and other rights to the extent owed to the Customer.

4. Remuneration

4.1 All work performed for the client, including presentations, drafts and working drawings, shall be subject to remuneration unless otherwise agreed in writing.

4.2 The remuneration consists of

• a) the design remuneration
• b) the work drawing remuneration
• c) the remuneration for granting the rights of use to the work drawing.

4.3 Unless otherwise agreed, any remuneration promised and/or paid by the client shall be credited to the individual remuneration components as follows:

• 30 % on the design remuneration
• 30 % on the work drawing remuneration
• 40 % on the rights of use, if such rights are granted.

4.4 The claim to remuneration for any rights of use granted shall arise irrespective of whether and, if so, to what extent the client makes use of the rights of use. If no rights of use are granted, the remuneration for the use shall lapse, but not the remuneration for the work performed up to that point. The client's suggestions or other cooperation shall have no influence on the amount of the remuneration.

4.5 If no rights of use are agreed, the distribution changes as follows:

• 50 % on the design remuneration
• 50 % on the work drawing remuneration.

4.6 The remunerations are net amounts, which must be paid plus the applicable value added tax. The artists' social security contribution is to be paid additionally by the client and is not included in the remuneration.

5. Terms of payment

5.1 Payment is due upon delivery. It is payable without deduction. If an order takes more than four weeks to complete or if it requires the Illustrator to make financial advance payments that exceed 50% of the remuneration to be paid, the following advance payments shall be made:

• 1/3 of the total remuneration when the order is placed
• 1/3 after completion of 50% of the work
• 1/3 after delivery.

5.2 If the contract is terminated prematurely, the Illustrator shall retain at least the claims to the installment payments already due at the time of termination of the contract in accordance with the above. Otherwise, § 649 BGB shall apply. The Customer shall be in default of payment in whole or in part if it fails to make payment within 14 days of delivery without a reminder being required. If the client does not use the services to the agreed extent, he shall not be entitled to a reduction or reimbursement of the remuneration. The Customer is only entitled to set-off rights if its counterclaims have been legally established, are undisputed or have been recognized by the Illustrator.

6. Rights of use, ownership, self-promotion

6.1 If agreed, only rights of use are granted to the illustrator's work or services. No ownership rights, in particular to drafts (sketches, layouts) and working drawings (final art) which he creates or has created, shall be granted. All two- and/or three-dimensional workpieces (drafts, working drawings, models, dummies, samples) provided to the Customer as part of the order shall remain the property of the Illustrator. The Customer is granted a right of possession only for as long as the Customer is absolutely dependent on possession of the workpieces for the contractual use of the Illustrator's services. In any case, the right of possession ends at the latest upon termination of the contractual relationship between the Illustrator and the Customer.

6.2 The workpieces must be returned undamaged at the end of the right of possession, unless otherwise agreed in writing. The return shipment shall be at the expense and risk of the client. In the event of damage or loss, the client shall pay compensation amounting to 100% of the agreed remuneration, without acquiring ownership rights through such payment.

6.3 The drafts provided to the client serve the purpose of consultation with the client. The client shall not be granted any further rights of use. Unless expressly agreed otherwise, any further contractual granting of rights of use shall relate exclusively to the accepted work drawing. The illustrator's services and works may only be used to the extent agreed for the order or resulting from the purpose of the order.

6.4 In the absence of written agreements to the contrary, the client shall only receive simple rights of use or other rights, and only for the agreed duration and the agreed scope of use in terms of content and territory; in the absence of written agreements to the contrary, the scope of the granting of rights of use shall at least not extend beyond the territory of the Federal Republic of Germany. Any other use or use beyond the originally agreed scope is only permitted on the basis of a special written granting of the right of use and against payment of a fee corresponding to the scope of the additional use in relation to the fee for the original use.

6.5 The transfer of granted rights of use to third parties requires the illustrator's consent. The illustrator is entitled to information about the scope of use. Suggestions or specifications of the Customer or other cooperation do not constitute a joint copyright of the Customer. Rights to the Illustrator's services, in particular rights of use, shall not pass to the Customer until the Illustrator has received full payment of all remuneration relating to the order.

6.6 The illustrator has the right to sign his work and to be named as the author on the reproductions. When the works are digitally recorded, the name of the illustrator must be electronically linked to the image data.

6.7 The client shall not be entitled to edit the services (neither the originals or digital files nor reproductions) in part or as a whole or otherwise change them and/or have them edited or changed, unless this is expressly the subject of the agreed granting of rights. This additional granting of rights shall be remunerated separately in each case.

6.8 The Illustrator shall not be obligated to retain such files. In particular, the Illustrator is not obligated to retain and/or return to the Customer any work files created on the computer, including the source code. If the Customer wishes to retain and/or return files, this must be agreed and paid for separately.

6.9 In the event of a breach of the rights of use, editing rights or naming rights, the Illustrator is entitled to demand a contractual penalty in the amount of three times the agreed basic remuneration. The right to assert claims for damages, monetary compensation or other rights in addition to the contractual penalty remains unaffected.

6.10 All services rendered by the Illustrator may be used without restriction by the Illustrator for the purpose of self-promotion, unless expressly agreed otherwise.

7. Special benefits, incidental and travel expenses

7.1 Unless otherwise agreed, the client shall be granted one (1) optimization step per design during the design phase - not exchanging image elements - according to his specifications, without this being charged as a special service. Each further change and/or new creation and submission of drafts, the change and/or new creation of working drawings as well as other additional services (e.g. manuscript study), ancillary costs (e.g. couriers) or technical costs (e.g. for reproductions, data carriers) shall be charged separately depending on the work involved. The Illustrator shall charge the time and effort involved at an hourly or daily rate to be determined by the Illustrator at his reasonable discretion, which shall be based on the remuneration recommendations of the I.O. (Illustratoren Organisation e.V.). This shall not apply if such services are expressly included in the order confirmation, stating the amount of remuneration.

7.2 If the contract is not performed for reasons for which the Illustrator is not responsible, the Customer shall reimburse the incidental costs incurred in addition to the partial remuneration payable under Sections 4 and 5. Payment for additional services shall be due after they have been rendered. Any incidental costs disbursed shall be reimbursed as incurred. Remuneration and ancillary costs are net amounts which are to be paid plus the applicable value added tax.

8. Involvement of the client

8.1 The Customer is obligated to provide the Illustrator in a timely manner with all information and data necessary for the provision of the goods and services in a commonly used format.

8.2 The Customer shall ensure that the Illustrator obtains the rights necessary to use these documents. The Customer is also obligated to inform the Illustrator, without being requested to do so, of any circumstances that may be of significance for the provision of the Illustrator's goods and services and of which the Customer can recognize that the Illustrator may be unaware. The documents provided will be stored and returned to the Customer only if expressly agreed and only at the Customer's expense and risk.

8.2 If the Customer is in default of acceptance due to failure to cooperate, the Illustrator may demand reasonable compensation.

8.2 If the Illustrator defines development stages together with the Customer and the Customer must provide its own services to achieve these development stages, the Customer shall be obligated to provide all services to be provided by it in a timely manner.

9. Delivery, delivery time

9.1 Compliance with agreed delivery dates is subject to all technical issues having been clarified, documents to be supplied by the client, approvals, services to be provided and other obligations of the client having been received or fulfilled in good time. If this does not happen and if it is no longer possible to deliver the service on time with additional remuneration accepted by the client for increased costs, the delivery deadline shall be extended by a reasonable period of time. Fixed-date transactions shall not be concluded. The defense of non-performance of the contract remains reserved.

9.2 The Illustrator's delivery obligations are fulfilled as soon as the work and services for shipment have been completed. If non-compliance with an agreed delivery period is due to force majeure, labor disputes, fire, machine breakdown, telecommunication failures, computer failures, serious illness, unforeseen obstacles or other circumstances for which the Illustrator is not responsible, the delivery period will be extended for the duration of such events. This applies accordingly in the event that the Illustrator is in default of delivery upon the occurrence of one of these events. The Customer will be notified of any delays in performance due to force majeure. If the performance of the order is delayed for reasons for which the Customer is responsible, the Illustrator may claim damages, which the Illustrator may calculate at its reasonable discretion by reasonably increasing the remuneration in accordance with the remuneration rules agreed herein. This shall not affect the right to claim further damages for delay.

10. Transfer of risk

10.1 Unless otherwise stated in the order confirmation, delivery shall be made at the Illustrator's registered office. If the Customer requests delivery to a different location, this shall be at the Customer's risk and expense. Risk shall pass to the Customer upon delivery to the carrier or, if no carrier is engaged, at the latest upon acceptance of the goods or services by the Customer or its agents, even if partial deliveries are made or the Illustrator has assumed additional services (e.g., transportation costs or delivery).

11. Warranty for defects, liability

11.1 The illustrator enjoys creative freedom in the artistic realization of the order placed with him. If his work does not meet the taste of the Customer or if his style does not correspond to the Customer's ideas, this alone shall not constitute a defect in his services. The Customer's warranty rights require that the Customer has inspected the work and services delivered by the Illustrator immediately upon receipt, but in any event prior to further processing, and has notified the Illustrator of any defects immediately upon discovery. Minor color deviations in the print results from the screen display or computer printout are due to technical reasons and do not constitute a defect.

11.2 If the Illustrator is responsible for a defect, the Illustrator is initially entitled to subsequent performance within a reasonable period of time. If subsequent performance fails, the Customer shall be entitled, at its option, to rescind the contract or demand a corresponding reduction in payment (abatement) after the unsuccessful expiration of a reasonable period set by the Customer for subsequent performance. Subsequent performance shall be deemed to have failed if the defect has still not been remedied after the second attempt at subsequent performance.

11.3 The warranty period is 12 months, calculated from the transfer of risk. This period is a limitation period and also applies to claims for compensation for consequential damages, unless claims in tort are asserted; the statutory limitation period applies to such claims. The Illustrator shall be liable for damages - regardless of the legal grounds - only in the event of willful misconduct or gross negligence, including willful misconduct or gross negligence on the part of its representatives or vicarious agents. Insofar as he has not intentionally breached the contract, liability for damages shall be limited to the foreseeable, typically occurring damage. This limitation of liability does not apply to damages resulting from injury to the Customer's life, body or health or to damages resulting from breaches of the Illustrator's cardinal obligations.

11.4 If the Illustrator merely passes on the services of third parties (e.g. photographers, service providers) to the Contractor, the Illustrator's liability shall be limited to fault in the selection. Liability for computer viruses is excluded unless the Illustrator acts with intent or gross negligence.

11.5 The Customer assumes the obligation to verify the legal admissibility of the services rendered by the Illustrator. If the illustrator's services violate the rights of third parties or are otherwise unlawful because they are based on unlawful specifications and/or templates provided by the customer, the customer shall be solely liable in the internal relationship. The Customer must compensate the Illustrator for all resulting damages, including the reasonable costs of legal defense, and indemnify the Illustrator against all third-party claims. However, the Illustrator shall notify the Customer of any infringements of rights associated with the Illustrator's services as soon as the Illustrator becomes aware of such infringements. This liability provision applies in particular to statements of fact or other materials provided to the Illustrator by the Customer; the Customer is equally liable for ensuring that all rights of use and exploitation and any other necessary rights to the materials provided by the Customer are available to the extent required.

11.6 To the extent that the Illustrator's liability for damages is excluded or limited under the foregoing, this shall also apply with respect to the liability of its employees, workers, freelancers, representatives and vicarious agents.

12. Samples

12.1 The Customer shall provide the Illustrator with at least five perfect, unfolded samples of all reproduced work free of charge. The illustrator is entitled to use these samples for the purpose of self-promotion.

13. Place of fulfillment, place of jurisdiction, applicable law

13.1 The parties agree that the place of performance and, to the extent permitted by law, the exclusive place of jurisdiction shall be the Illustrator's place of business. The law of the Federal Republic of Germany shall apply exclusively.

14. Final provisions

14.1 Amendments and supplements to the contract must be made in writing to be effective. The same applies to changes to the written form requirement.

14.2 The invalidity or ineffectiveness of individual provisions of the contract shall not affect the validity of the remaining provisions. The same applies to loopholes. The invalid provisions or loopholes shall be replaced by the legally possible provision that comes closest to what the contracting parties intended or would have intended according to the meaning and purpose of the contract.