Preamble

eicura GmbH engages in creative work. Achieving optimal results requires full trust and close cooperation.


1. General Provisions

1.1. These GTC apply to all business relationships between eicura GmbH and its clients who are entrepreneurs, legal entities under public law, or special funds under public law.

1.2. These GTC particularly apply to contracts for the provision of communication design services, especially the creation of copyright-protected works. These GTC also apply as a framework agreement for future contracts unless otherwise agreed.

1.3. The GTC of eicura GmbH apply exclusively. Conflicting or supplementary GTC of the client will only become part of the contract if eicura GmbH has expressly agreed to them.

1.4. Individual agreements made with the client (including side agreements, supplements, and amendments) take precedence over these GTC. The content of such agreements must be confirmed in writing.

1.5. Legally significant declarations and notifications by the client in relation to the contract (e.g., setting deadlines, notifying defects, withdrawal, or reduction) must be made in writing.

1.6. References to the applicability of statutory provisions are for clarification only. Statutory provisions apply even without such clarification, provided they are not directly modified or explicitly excluded in these GTC.


2. Copyright and Usage Rights

2.1. Every order placed with eicura GmbH is a copyright work contract aimed at granting usage rights to the work produced.

2.2. All drafts and final artwork are subject to copyright law, even if the necessary protection requirements are not met.

2.3. Drafts and final artwork may not be altered, either in the original or in reproduction, without the express consent of eicura GmbH. Any imitation, even of parts, is prohibited.

2.4. eicura GmbH grants the client the necessary usage rights for the intended purpose. Unless otherwise agreed, only simple usage rights are granted. The transfer of usage rights to third parties requires a written agreement.

2.5. The usage rights transfer to the client only after full payment of the agreed compensation.

2.6. eicura GmbH has the right to be credited as the creator on reproductions and publications of the product. Any violation of this right entitles eicura GmbH to claim damages.


3. Ownership of Drafts and Data

3.1. Only usage rights, not ownership rights, are granted for drafts and final artwork.

3.2. The originals must be returned to eicura GmbH undamaged once the client no longer needs them, unless explicitly agreed otherwise. If they are damaged or lost, the client must cover the restoration costs. Further claims for damages remain unaffected.

3.3. Data and files created in the fulfillment of the contract remain the property of eicura GmbH. eicura GmbH is not obligated to hand over these data and files to the client. If the client wishes to obtain them, a separate agreement and compensation are required.

3.4. If eicura GmbH has provided the client with data and files, these may only be altered with prior consent from eicura GmbH.

3.5. The shipment of work and templates is at the risk and expense of the client.


4. Creative Freedom and Templates

4.1. eicura GmbH retains creative freedom within the scope of the assignment. If the client requests changes during or after production, they must bear the additional costs. eicura GmbH retains the right to payment for work already begun.

4.2. The client assures that they are entitled to use all templates provided to eicura GmbH. If this assurance is violated, the client shall indemnify eicura GmbH from any claims by third parties.


5. Sample Copies, Production Monitoring, and Self-Promotion

5.1. Before executing reproduction, eicura GmbH must be provided with proof samples.

5.2. Production monitoring by eicura GmbH is only carried out by special agreement. If production monitoring is undertaken, eicura GmbH is authorized to make the necessary decisions and issue instructions at its discretion.

5.3. The client shall provide eicura GmbH with five flawless sample copies of all duplicated work free of charge. eicura GmbH is entitled to use these samples and all works created in fulfillment of the contract for self-promotion in all media and to reference the work done for the client.


6. Compensation

6.1. Draft and final artwork, along with the granting of usage rights, form a single service.

6.2. If the client withdraws from the contract for any reason, eicura GmbH has the right to charge for the services rendered up to that point.

6.3. The calculation of fees is based on the fee recommendations of the Association of German Graphic Designers, unless otherwise expressly agreed.

6.4. Free work, especially the creation of drafts without charge, is not customary. All services provided by the designer are subject to charges; special and additional services, especially due to change requests, must be compensated by the client.

6.5. Suggestions and instructions from the client for technical, design, or other reasons, as well as their other cooperation, have no impact on the fee; they also do not establish co-authorship unless expressly agreed.

6.6. Unless otherwise stated in the order confirmation, the fee is due upon delivery of the work. If work is delivered in parts, the corresponding partial fee is due upon delivery of that part. If the execution of the order is delayed for reasons attributable to the client, eicura GmbH may demand a reasonable increase in the fee; if the delay exceeds two weeks, eicura GmbH may invoice the services rendered up to that point and demand partial payment.

6.7. In the event of late payment, eicura GmbH may charge interest on arrears at a rate of 9 percentage points above the base interest rate (§ 247 BGB) per annum.


7. Additional Services, Ancillary, and Travel Costs

7.1. Special services, such as the revision or alteration of drafts, are charged separately based on time.

7.2. Technical ancillary costs arising from draft work or execution work (e.g., models, intermediate reproductions, layout setting) must be reimbursed.

7.3. For travel undertaken in coordination with the client for the purpose of carrying out the order or utilization, the resulting costs and expenses will be charged; eicura GmbH is entitled to charge at least the tax-recognized allowances (especially for meals and travel costs) even without proof of actual costs.

7.4. If eicura GmbH commissions external services (e.g., lithography, printing, shipping) in its own name, the client shall indemnify eicura GmbH from any resulting liabilities.

7.5. Compensation for additional services is due immediately after they are rendered.


8. Liability

8.1. Unless otherwise specified in these GTC, eicura GmbH is liable for breaches of contractual and non-contractual obligations in accordance with statutory provisions.

8.2. eicura GmbH is liable for damages – regardless of the legal grounds – within the framework of fault-based liability in cases of intent and gross negligence. In cases of simple negligence, eicura GmbH is only liable, subject to statutory liability limitations (e.g., care in one's own affairs; minor breaches of duty):

a. For damages resulting from injury to life, body, or health,

b. For damages resulting from a breach of a fundamental contractual obligation (an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the client regularly relies and may rely); in this case, eicura GmbH’s liability is limited to foreseeable, typical damages.

8.3. The liability limitations arising from section 2 also apply to third parties and to breaches of duty by persons whose fault eicura GmbH is responsible for under statutory provisions. They do not apply if a defect has been fraudulently concealed or a guarantee has been assumed, or for claims by the client under the Product Liability Act.

8.4. The client can only withdraw from or terminate the contract due to a breach of duty that does not consist of a defect if eicura GmbH is responsible for the breach of duty. The client’s right to freely terminate the contract (especially under § 648 BGB) is excluded. Otherwise, the statutory conditions and legal consequences apply.

8.5. If eicura GmbH commissions external services at the client's request in the client’s name, eicura GmbH is not liable for the works and services of the commissioned persons.

8.6. The general limitation period for claims arising from material and legal defects is one year from the date of performance. If acceptance has been agreed upon, the limitation period begins with acceptance. Statutory special regulations on limitation periods remain unaffected.

8.7. The above limitation periods also apply to contractual and non-contractual damage claims by the client based on a defect in the performance, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period. Damage claims by the client under section 8.2 sentence 1 and 8.2 sentence 2a as well as under the Product Liability Act are subject to the statutory limitation periods.

8.8. The client is responsible for approving production and publication. If the client delegates approval in whole or in part to eicura GmbH in an exceptional case, the client shall indemnify eicura GmbH from liability.


9. Final Provisions

9.1. These GTC and the contractual relationship between eicura GmbH and the client are governed by the laws of the Federal Republic of Germany, excluding international uniform law, especially the UN Convention on Contracts for the International Sale of Goods (CISG).

9.2. If the client is a merchant, a legal entity under public law, or a special fund under public law, the exclusive (including international) place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of eicura GmbH in Munich. However, eicura GmbH is also entitled to file a suit at the client’s general place of jurisdiction.

9.3. Should any provision of these GTC be or become invalid, this does not affect the validity of the remaining provisions. In place of the invalid provision, the parties shall agree on a valid provision that comes as close as possible to the economic intent of the invalid provision.