Terms

BURNING PEN – terms and conditions

 

Date: 30.05.2018

Terms are as annoying as the fine print on a leaflet or the rental car contract! Nevertheless they have to be. The following terms and conditions correspond to the recommendation of the German Texterverband, to which I belong and apply to all orders given to me. They are deemed agreed if they are not objected to prior to placing the order.

 

1. COPYRIGHT AND RIGHTS

 

1.1 All texts and concepts of the copywriter are subject to copyright law. They are exclusively intended for the client and remain the property of the copywriter until full payment. The texts and concepts of the copywriter may not be changed without explicit consent neither in the original nor in the reproduction. Any imitation, even of parts, is inadmissible. A violation of this provision entitles the copywriter to demand a contractual penalty in the amount of twice the agreed remuneration. If a fee has not been agreed, the usual fee according to the fee recommendation of the German Texterverband shall be deemed agreed.

1.2 The copywriter transfers to the client the rights of use required for the respective purpose. Unless otherwise agreed, only the simple right of use is transferred. A transfer of the rights of use to third parties requires a written agreement. The rights of use are only transferred after full payment of the remuneration.

 

1.3 Proposals of the client or his other cooperation have no influence on the amount of the remuneration.

 

2. REMUNERATION

 

2.1 The preparation of texts and concepts and all other activities that the copywriter performs for the client are subject to charge, unless expressly agreed otherwise.

2.2 Remuneration is based on the fee table of the German Texterverband, unless otherwise agreed. The fees are net amounts to be paid plus VAT. Unless otherwise agreed, compensation also includes the granting of simple rights of use (Item 1.2).

2.3 If the texts and concepts are used to a greater extent or in a different context than originally intended, for example as slogans or claims, the copywriter is entitled to demand the difference between the higher remuneration for the use and the originally paid. A further claim for damages of the copywriter remains unaffected.

 

3. PAYMENT OF THE REMUNERATION

 

3.1 The remuneration is due upon delivery of the work. It is payable without deduction. If the ordered work is accepted in parts, a partial compensation of 50 percent of the total remuneration is payable on acceptance of the first partial delivery. The copywriter is entitled to demand up to 30 percent of the total remuneration as an advance upon placing the order.

 

4. SPECIAL SERVICES, INCIDENTAL AND TRAVEL COSTS

 

4.1 Special services, such as the modification or modification of drafts, texts and slogans, will be charged separately according to the time required at my hourly rate.

4.2 The copywriter is entitled to order the third-party services necessary for the fulfillment of the contract in the name and for the account of the client. The client undertakes to grant the copywriter appropriate authority.

4.3 Insofar as contracts are concluded in individual cases in the name and for the account of the copywriter, the client undertakes to indemnify the copywriter internally from all liabilities arising from the conclusion of the contract. This includes, in particular, the assumption of costs.

4.4 Costs and expenses for travel, which are to be undertaken in connection with the contract and agreed with the client, are to be reimbursed by the client.

 

5. OWNERSHIP OF THE PROPERTY

 

5.1 Designs and texts are granted usage rights only, but not property rights.

5.2 The work is dispatched at the risk and for the account of the client.

 

6. CORRECTION, PRODUCTION MONITORING AND REGISTRATION PATTERN

 

6.1 Correction samples must be submitted to the copywriter prior to performing the duplication.

6.2 The production monitor by the copywriter is made only on the basis of a special agreement.

6.3 Of all duplicated works, the client shall provide the copywriter with at least 3 flawless documents free of charge. The copywriter is entitled to use these patterns for the purpose of self-promotion (also as a reference on their own website).

 

7. LIABILITY AND ACCEPTANCE

 

7.1 The copywriter is liable for any damage caused to originals, films, displays, layouts, etc. only in the case of intent and gross negligence.

7.2 If the copywriter commissions necessary external services, the respective contractors are not vicarious agents of the copywriter. The copywriter is liable only for his own fault and only for intent and gross negligence.

7.3 Prior to publication, the copywriter checks and approves the texts of the client for factual and formal correctness. With the approval, the liability for the factual and formal correctness of the texts is transferred to the client.

7.4 The copywriter does not take legal examination of the texts. He is not liable for the legal admissibility and the trademark registration of his work.

7.5 Complaints of obvious defects must be made in writing to the copywriter within 7 days of delivery of the work and must be given a reasonable period for rectification. All other defects expire one year after the statutory limitation period.

7.6 Delivered work and services as well as all other activities are deemed accepted if the client uses them in any way, pays the bill or declares the acceptance. If no acceptance takes place, the delivered work and services shall be deemed released after a period of 14 days.

7.7 Insignificant deviations do not justify the refusal of acceptance, nor any new conceptional or substantive considerations on the client side after placing the order.

 

8. FREEDOM OF DESIGN AND TEMPLATES

8.1 The scope of the contract is that of freedom of design. Complaints regarding the artistic design are excluded. If the client wishes to make changes after a correction phase or the approval of the design and text, he has to bear the additional costs. The copywriter retains the right to remuneration for work already begun.

8.2 If the execution of the order is delayed for reasons for which the client is responsible, the copywriter may demand a reasonable increase in the remuneration. In case of intent or gross negligence he can also claim for damages. The assertion of a further damage caused by default remains unaffected.

8.3 The client assures that he is entitled to use all submitted to the copywriter templates, in particular has the necessary copyright usage rights. Should he not be entitled to use contrary to this insurance, the client exempts the copywriter from all claims for compensation of third parties.

 

10.FINAL PROVISIONS

 

10.1 Place of performance is the head office of the copywriter.

10.2 The invalidity of one of the above conditions does not affect the validity of the remaining provisions.

10.3 All conditions apply to the law of the Federal Republic of Germany.

 

Kai Mertig
Freelance Copywriter