GTC

§ 1 Validity of the provisions

1.1.

CREANIMATION / Fabian Flenker (hereinafter referred to as creanimation), 48155 Münster, Lütkenbecker Weg 10, provides services exclusively on the basis of these General Terms and Conditions (hereinafter referred to as GTC). This also applies to all future services, unless the General Terms and Conditions (GTC) are explicitly agreed again. By placing the first order, the client acknowledges the exclusive validity of the provisions. Conflicting terms and conditions of purchase and delivery shall not become part of the contract even in the event of performance/delivery without express objection on our part.

1.2.

All legal transactions with creanimation are governed by the provisions of these GTC. Unless otherwise agreed in writing.

§ 2 Conclusion of contract

2.1.

creanimation can be commissioned by letter, e-mail or fax.

mail/fax or verbally. In order to place an order, the client should comprehensively explain the desired contractual objectives to creanimation.

2.2.

The contract is concluded upon creanimation's declaration of acceptance to the customer. If creanimation declares acceptance by letter, fax or e-mail, the contract is concluded no later than ten working days after receipt of the declaration with the content declared in this confirmation letter, unless the customer objects within this period.

§ 3 Sequence of orders

3.1.

The contract is generally processed in three phases: Briefing, design / conception and production phase.

3.2.

The basis for the fulfillment of the order is the project description (briefing), which creanimation receives from the client in writing or formulates in cooperation with the client (in discussions, workshops, etc.) and on the basis of documents and information provided (figures, background information, etc.). Any written project description (re-briefing) prepared by creanimation must be checked by the client for correctness and completeness. Subsequent change requests that were not agreed in the re-briefing can lead to separate deadline and price agreements.

3.3.

After completion of the briefing phase in accordance with 3.2, creanimation develops a concept or creates a sample design within agreed deadlines (design phase). The client has the right to request changes/improvements twice after receipt of the first concept or draft or can request a second sample (if the first draft is absolutely not satisfactory). Any additional requests for changes shall result in the additional work incurred being invoiced on an hourly rate basis.

§ 4 Appointments

4.1.

Agreements on deadlines and dates must always be recorded or confirmed in writing (usually in a schedule).

4.2.

The targeted fulfillment dates can only be met if the customer provides all necessary documents, data and information in full by the dates specified by creanimation. Delays in delivery and cost increases caused by incorrect, incomplete or subsequently changed information or documents not made available shall be borne by the customer.

4.3.

Force majeure and natural disasters release creanimation from the delivery obligation or allow creanimation to redefine the agreed delivery period.

§ 5 Confidentiality

5.1.

Creanimation undertakes to keep all information and documents accessible in connection with the design order/offer, which are designated as confidential or which are clearly recognizable as business or trade secrets of the customer according to other circumstances, secret for an unlimited period of time and - unless necessary to achieve the purpose of the contract - neither to record nor to pass them on or to exploit them.

5.2.

Creanimation will ensure through appropriate contractual agreements with the employees and agents working for creanimation that they also refrain from any exploitation, disclosure or unauthorized recording of such business and trade secrets for an unlimited period of time.

§ 6 Obligations and liability of the client

6.1.

The customer is obliged - insofar as this is necessary for the fulfillment of the order - to cooperate in the execution of the order. To this end, he must provide creanimation with all information, documents and aids in a timely manner and at his own expense.

6.2.

The client is obliged to check the material provided for the order for any existing copyrights and intellectual property rights and to obtain any necessary permissions for its use. Any claims due to copyright infringements shall be borne by the client. Responsibility for text content or other publications lies solely with the client.

6.3.

The customer indemnifies creanimation against all claims made by third parties against creanimation due to behavior for which the customer bears responsibility or liability under the contract. He shall bear the costs of any legal action.

§ 7 Copyright and rights of use

7.1.

All concepts, ideas, consulting and creative services (including drafts, final artwork, sketches, etc.) are subject to copyright law. The provisions of the Copyright Act apply between the contracting parties even if the necessary protection requirements are not met in individual cases. This means that creanimation (or the service providers acting on behalf of creanimation) are entitled to the copyright claims arising from §§ 97ff. UrhG.

7.2.

The drafts, final artwork, sketches, ideas, etc. may not be altered either in the original or in reproduction without the express consent of creanimation (or the service providers acting on behalf of the creanimation agency). Any imitation - even of parts - is not permitted. A breach of these provisions entitles creanimation to demand a contractual penalty amounting to twice the agreed remuneration.

7.3.

Creanimation (or the service provider acting on behalf of the agency creanimation) transfers to the customer the rights of use required for the respective purpose. Unless otherwise agreed, only a simple right of use is transferred in each case. A transfer of the rights of use by the customer to third parties requires prior written agreement between the customer and creanimation.

7.4.

The rights of use shall not be transferred to the client until the client has paid the remuneration in full.

7.5.

Suggestions and instructions from the client or its employees and agents have no influence on the amount of remuneration. They do not constitute a joint copyright.

§ 8 Acceptance

8.1.

Acceptance must take place within 10 working days and may not be refused for creative-artistic reasons. There is freedom of design within the scope of the order.

8.2.

If creanimation does not receive a declaration of acceptance within 10 working days, the design is deemed to have been accepted and will be invoiced.

8.3.

If the customer refuses acceptance and declares his withdrawal from the order, creanimation retains the right to remuneration for work already commenced/performed and the right to compensation.

§ 9 Remuneration

9.1.

Unless otherwise contractually agreed, remuneration for work performed (drafts, concepts, design, etc.) shall be based on time spent (€95/h). The remuneration does not include the statutory value added tax.

9.2.

Unless otherwise agreed, the remuneration for rights of use for creanimation services is based on the collective agreement for design services SDSt/AGD (latest version). The remuneration does not include the statutory value added tax.

9.3.

The fees for consulting, drafts, concepts, project management, etc. and the granting of rights of use are quoted in euros. Even the preparation of drafts is subject to a fee, unless expressly agreed otherwise.

9.4.

Special services or author corrections after approval will be charged separately according to the time required.

9.5.

The customer may request two author corrections to the services delivered by creanimation within the scope of the first offer without being charged any additional expenses. From the third correction (change request) onwards, creanimation will charge the time incurred according to the previously agreed hourly rate.

§ 10 Due date of remuneration

10.1.

Payment is due after acceptance of the design or the service or the partial services (see 9.1.).

Creanimation issues a corresponding invoice after acceptance by the customer. This invoice is payable within 8 days of the invoice date without deduction, unless otherwise agreed in an individual contract.

10.2.

In the event of late payment, creanimation may charge interest on arrears at the statutory rate, but at least 6% above the respective prime rate of the European Central Bank per annum. The assertion of a proven higher damage remains unaffected as well as the right of the customer to prove a lower charge in individual cases.

§ 11 Warranty for work results under a contract for work and services

11.1.

Creanimation undertakes to carry out the order with the greatest possible care, in particular to treat the templates, documents, samples, etc. provided to it with care.

11.2.

Creanimation undertakes, in the event of defective performance, to rectify the defect free of charge at its own discretion.

§ 12 Limitations of liability

12.1.

The liability of creanimation is limited to breaches of duty based on intent or gross negligence, insofar as creanimation culpably breaches an essential contractual obligation, as well as to cases of injury to life, limb or health.

12.2.

In addition, liability for damages shall be limited to the amount of foreseeable, typically occurring damage, but not exceeding the order value. Claims for reimbursement of expenses by the customer are in all cases limited to the interest which the customer has in the fulfillment of the contract.

12.3.

Any further liability for damages or reimbursement of expenses other than that provided for in these General Terms and Conditions for Deliveries and Services is excluded, irrespective of the legal nature of the claim asserted. In this respect, creanimation is in particular not liable for damages that have not occurred to the object of delivery or service itself, such as loss of profit and other financial losses of the customer. The mandatory provisions of the Product Liability Act remain unaffected.

12.4.

Insofar as liability is limited according to the above conditions, this also applies to the personal liability of creanimation.-'s executives, employees, vicarious agents or assistants.

12.5.

Creanimation remains free to raise the objection of contributory negligence.

§ 13 Digital data / open data

13.1.

Creanimation is not obliged to hand over to the customer all files or layouts (such as open 3D or project files) that were created by computer. If the customer wishes to receive computer data, this must be agreed and paid for separately.

13.2.

If creanimation has provided the customer with original computer files, these may only be changed with the prior consent of creanimation.

§ 14 Final provisions

14.1.

The customer agrees that creanimation may display the concepts and creative services etc. created for him as a reference on its homepage or use them in other advertising material as proof of its work. Furthermore, the customer agrees that his company name, if applicable with URL, may be included in creanimation's customer list, which is also used for advertising purposes. Excluded from this regulation are projects that creanimation carries out for agencies, which in turn act as resellers and ask creanimation for anonymity or customer protection.

14.2.

The customer agrees that his personal data received in the course of the business relationship may be stored by creanimation. The data will only be used for internal purposes and will not be passed on to third parties.

14.3.

Unless otherwise stated in the order confirmation, the place of fulfillment is the registered office of creanimation (D-48155 Muenster).