Terms and Conditions

General Terms and Conditions Graphics & Web Design

The following terms and conditions apply to all contracts concluded between the designer and his client. They also apply to all future business relationships, even if they are not expressly agreed upon again. Deviating terms and conditions of the Client which the Designer does not expressly acknowledge shall not become part of the contract, even if the Designer does not expressly object to them.

1 Involvement of the client

1.1 The Client undertakes to provide the Designer with all documents necessary for the creation of the Website in accordance with the concept in a timely manner. This applies in particular to texts, photos, logos, graphics, films, music, etc.
1.2 The Client shall ensure that the documents it provides to the Designer for the design of the Website are not encumbered with the rights of third parties. He shall indemnify the Designer against claims for compensation by third parties resulting from the breach of this obligation. The obligation to indemnify does not apply if the client can prove that he is not at fault.
1.3 The Client shall hand over the documents in the form agreed with the Designer. In the absence of concrete agreements, the Client shall make the documents available both in printed form and electronically in a customary storage format.

2 Rights of use

2.1 The Designer grants the Client the right to make it available to the public (§ 19a UrhG), which is unlimited in terms of space and time.
2.2 Other uses, in particular the reproduction or distribution of the Website or parts thereof (with the exception of works provided by the Client himself) in printed form or on other websites that have not been designed by the Designer, require the prior written consent of the Designer and are to be remunerated additionally.
2.3 The Designer is entitled to affix his or her author's designation to the Website. He has the right to point out his participation in the creation of the website, in particular also by means of a reference with a link to his own website.
2.4 Changes and edits to the content of the website, in particular updates to texts, images, graphics and tables as well as technical changes, may be made by the client or third parties commissioned by the client without the consent of the designer. Modification and editing of the graphic design of the website, on the other hand, requires the consent of the designer.
2.5 The right of use shall only be transferred to the Client upon full payment of the remuneration.

3 Disclosure of data

3.1 The Designer shall provide the Client with all the data required by the Client in order to update the Website and edit the content. The data format and the type of data carriers shall be determined by mutual agreement between the parties. If no determination is made, the designer can choose a suitable data format and a suitable data carrier.
3.2 If the Designer has made data carriers, files and data available to the Client, these may only be changed with the consent of the Designer.
3.3 The risk and costs of transporting data carriers, files and data online and offline shall be borne by the Client.

4 Remuneration

4.1 The Client shall pay the agreed remuneration to the Designer. If a lump-sum remuneration has been agreed, the Designer may claim additional remuneration for additional services that become necessary due to change requests by the Client or due to unforeseen circumstances for which the Designer is not responsible. This remuneration is to be calculated on the basis of the hours spent.
4.2 Expenses necessary for the fulfilment of the order shall be reimbursed by the Client upon presentation of the invoices by the Designer.
4.3 The Designer shall draw up a list of the external services necessary for the fulfilment of the order and submit it to the Client for approval. The Designer is entitled to order these services in the name and for the account of the Client. The client is obliged to give the designer power of attorney to do so.
4.4 Insofar as contracts for third-party services are concluded in the name and for the account of the Designer in individual cases, the Designer shall be reimbursed for the associated costs by the Client.

5 Liability

5.1 The Designer shall not be liable for the accuracy and completeness of the factual statements provided by the Client about his products, his services or his company. By releasing the websites, the client assumes responsibility for the correctness of the texts and images. The Designer is not obliged to check the legality of the content.
5.2 The Designer shall only be liable for the admissibility and legal validity of the domain if he has expressly committed himself to do so and the procurement and registration of the domain is an essential part of the contract.
5.3 The Designer creates the Website in such a way that it is quickly and completely loaded on the usual browsers in accordance with the current state of the art. He is not liable for the flawless construction of the website even in the event of technical changes that are not made by him. In the case of changes and adaptations to new standards, the user is not liable for ensuring that the website also works perfectly on older browsers. In particular, he is not liable for damages that customers of the client could claim as a result of outdated technology.
5.4 The Designer shall be liable for a breach of essential contractual obligations (cardinal obligations) and for damage to the life and health of persons, even in the event of slight negligence. He is only liable for other damages in the case of intentional or grossly negligent conduct.

6 Final Provisions

6.1 The nullity or ineffectiveness of individual provisions of these Terms and Conditions shall not affect the validity of the remaining provisions.
6.2 Spanish law applies.
6.3 In the event that the Client does not have a general place of jurisdiction in Spain or moves its registered office or habitual residence abroad after the conclusion of the contract, the place of jurisdiction of the Designer is agreed.