2. Copyright and Usage Rights

• The order placed with dozfx constitutes a copyright contract. The subject of the contract is the intellectual and creative performance of dozfx, which is expressed in their design templates intended for reproduction and distribution (e.g., drafts, final artwork, photography) and the granting of rights beneficial for this work. The provisions of contract law and copyright law apply.
• The works of dozfx are protected by copyright as personal intellectual creations, and the relevant regulations are also deemed agreed even if the degree of creativity required by § 2 Abs. 2 UrhG is not met. dozfx is particularly entitled to the copyright claims according to §§ 97 ff. UrhG..
• The designs and final artwork, including the copyright identification, may not be altered in the original without the express written consent of dozfx during reproduction. Any complete or partial imitation is prohibited. If the customer violates these provisions, they forfeit a contractual penalty of 100% of the agreed fee. If the parties have not agreed on the fee, the usual fee for the services provided according to the BDG fee guidelines shall be used for calculation.
• The works of dozfx may only be used for the agreed type of use and the agreed purpose to the agreed extent. Unless expressly agreed in writing, only the purpose that the client has made recognizable at the time of placing the order is the subject of the contract.
• dozfx transfers to the customer the usage rights necessary for the respective purpose (item 2.4). Unless otherwise agreed, only the simple right of use is transferred. With the complete payment of the contract fee, the customer acquires the right to use the work within the agreed framework. dozfx remains entitled at all times to use its designs and copies thereof for its own advertising in all media, even if the exclusive right of use has been granted.
• The transfer of granted usage rights to third parties requires the prior written consent of dozfx.
• Repeated use (e.g., subsequent editions) or multiple uses (e.g., for another project) are subject to a fee and require the prior consent of dozfx.
• In the reproduction, distribution, exhibition, in publications about the work, and/or public performance of the designs and final artwork, dozfx must be credited as the author. If the client violates the right to be named, dozfx may demand a contractual penalty of 100% of the agreed fee in addition to the owed fee for the design service without proof. The right of dozfx to claim higher damages with concrete damage calculation remains unaffected. If no fee agreement exists, the calculation of the lump-sum fee shall be based on the usual fee for the services provided according to the BDG fee recommendations.
• Suggestions and instructions from the client for technical, design, and other reasons, as well as his other contributions, do not constitute co-authorship, unless explicitly agreed otherwise in writing.
• If the client wishes to register formal protective rights (design patents, utility models, trademarks) for the designs, final artwork, or other works of dozfx in an official register, this requires the prior written consent of dozfx.

3. Fees and Their Due Dates

• The creation of designs is also chargeable unless explicitly agreed otherwise in writing. All fees are net, payable plus statutory VAT, without deduction within two weeks of due date.
• The fee is due upon delivery of the work. For partial deliveries, the corresponding partial fee is due upon delivery of the part. For the first partial delivery, a partial payment is to be made, which must be at least half of the total payment. If the execution of an order extends over a longer period, dozfx may demand advance payments according to the effort.
• Suggestions and instructions from the client for technical, design, and other reasons, as well as his other contributions, have no influence on the amount of the fee.

4. Additional Services, Ancillary and Travel Expenses

• Additional services, such as research, revision, or modification of designs, creation and submission of further designs, modification of work drawings, and other additional services (author correction, production supervision, and others) are charged separately according to effort.
• Technical ancillary costs (e.g., for models, intermediate reproductions, layout typesetting) arising in connection with the design or drafting work are to be reimbursed.
• The fee for additional services is due after their provision. Incurred ancillary costs are to be reimbursed after they arise. Fees and ancillary costs are net amounts plus statutory VAT.

5. External Services

• dozfx commissions creative third-party services (e.g., photos, models) or third-party services in the course of usage (lithography, printing, shipping) in the name and on the account of the client. The client grants dozfx the corresponding written permission.
• If dozfx commissions third-party services in its own name and on its own account at the client's instigation, the client agrees to indemnify dozfx internally from all liabilities from the contract conclusion. This includes, in particular, the assumption of all costs.
• If dozfx commissions third-party services at the client's request in its own name and on its own account, it is entitled to demand an appropriate advance payment from the client.

6. Client's Cooperation

• The client is obliged to provide dozfx with all documents necessary for the creation of the design in a timely manner. This applies particularly to texts, photos, logos, graphics, films, music pieces, etc.
• The client assures that he is authorized to use all documents he provides to dozfx. He is solely responsible for their accuracy and completeness.
• The client submits the documents in a form agreed upon between dozfx and the client. If no special agreements exist, the client provides the documents electronically in a common storage format.

7. Data Delivery and Processing

• dozfx is not obliged to release any data material in any form of content, screen designs, and other designs, programming, and other information to the client. Third-party use is excluded. If the client wishes the release of computer data, this must be separately agreed and compensated.
• If dozfx provides computer files to the client, they may only be used to the agreed extent. Modifications or changes to copyright-protected data (e.g., logos, photos, and illustrations) may only be made with the written consent of dozfx.
• The client bears the risk and costs of transporting data carriers, files, and data, regardless of the transmission method.
• dozfx is not liable for defects in data carriers, files, and data that occur during data transmission to the client's system.
• Layouts, preliminary designs, designs, and screen designs provided to the client in printed form may not be reproduced, digitized, or otherwise processed and/or passed on to third parties without the written consent of dozfx and are to be treated confidentially by the client. This also applies to all digitally created layouts, preliminary designs, designs, and screen designs.

8. Ownership and Return

• Only usage rights are granted for all designs, final artwork, and conceptual services, regardless of whether they are implemented or not, but property rights are not transferred. Originals must be returned undamaged to dozfx no later than three months after delivery unless expressly agreed otherwise.
• In case of damage or loss of the designs or final artwork, the client must reimburse the costs necessary to restore the originals. The assertion of further damages remains reserved for dozfx.

9. Correction, Production Supervision, and Proof Samples

• Before proceeding with reproduction, the client is obliged to submit approved proof samples to dozfx.
• dozfx generally does not supervise production. If dozfx has taken over the supervision of production based on a special written agreement with the client, dozfx is entitled to make the necessary decisions at its discretion and to issue corresponding instructions to third-party companies. dozfx is only liable for errors due to its own fault and according to item 10.
• dozfx must be provided with a reasonable number of flawless proof samples and/or corresponding documentation free of charge from all reproduced works, enabling us to prove the benefit and quality to third parties.
• The client bears the risk of transporting all types of documents as well as concepts, designs, and their execution, regardless of whether they belong to dozfx, the client, or third parties.

10. Warranty and Liability

• dozfx is only liable for damages caused intentionally or through gross negligence by itself or its agents. This excludes damages resulting from the breach of a contractual obligation essential to achieving the purpose of the contract (cardinal obligation), as well as damages resulting from injury to life, body, or health, for which dozfx is also liable for slight negligence. Insofar as no intentional breach of contract is attributed to dozfx, the liability for damages is limited to the foreseeable, typically occurring damage.
• Claims of the client arising from a breach of duty by dozfx or its agents become statute-barred one year from the statutory limitation period beginning. This excludes claims for damages according to10.1; statutory limitation periods apply here.
• The client is obliged to make any complaints and objections of any kind in writing to dozfx within 14 calendar days after delivery of the work. After the expiry of the complaint period, the work is considered accepted without defects.
• The release of production and publication is the responsibility of the client. With the release, the client assumes responsibility for the technical and functional correctness of text, image, and design. If the client exceptionally transfers the release entirely or in parts to dozfx, he exempts him from liability. This does not include the liability of dozfx or its agents for intent and gross negligence.
• For orders that dozfx places in the name and on the account of the client with third parties, dozfx assumes no liability or guarantee towards the client, with the exception of any selection fault. dozfx acts merely as an intermediary here.
• If the order is placed in the name and on the account of dozfx with third-party companies, he hereby assigns all warranty, compensation, and other claims arising from defective, late, or omitted delivery against the third party to the client. The client is obliged to try to enforce the assigned claims against the third-party company before asserting claims against dozfx.
• dozfx is not liable for the copyright, design patent, or trademark protectability or registrability of the designs or other design works it allows the client to use. The client must conduct a design patent, utility model, or trademark search himself and at his own expense.
• dozfx is not liable for the legal admissibility of the intended use, especially the admissibility under competition and trademark law. He is only required to point out legal risks if they become known to him during the execution of the order.
• The client indemnifies dozfx from all claims raised by third parties against dozfx due to a behavior that the client is responsible for or supposed to be responsible for under the contract content. The costs of any legal prosecution are borne by the client.
• Unless otherwise agreed above, the liability of dozfx is excluded.

11. Design Freedom and Templates

• dozfx has design freedom within the scope of the order. Complaints regarding the artistic design are excluded. If the employer demands changes during or after production, he must bear the additional costs.
• If the execution of the order is delayed for reasons attributable to the client, dozfx may demand an appropriate increase in the fee. In cases of intent or gross negligence on the part of the client, dozfx is also entitled to claim damages.
• The use of templates provided by dozfx (e.g., texts, photos, samples) is subject to the provision that the client is entitled to use them. If he is not entitled to use the templates contrary to this assurance or if the templates are not free from third-party rights, the client indemnifies dozfx internally from all third-party claims for damages.
• by third parties against dozfx due to a behavior that the client is responsible for or supposed to be responsible for under the contract content. The costs of any legal prosecution are borne by the client.

12. Termination of the Order

• With the client's order confirmation, the order becomes binding for him, i.e., the agreed price for the services of dozfx is to be paid after acceptance. This arrangement can only be revoked within the framework of the legal provisions.
• If the client cancels or stops a commissioned service, dozfx is entitled to demand the agreed compensation for the already provided service phase, including the phase in which the cancellation occurred, as well as reimbursement of all direct investments, corresponding expenses, and consequential damages.
• dozfx notifies the client about the completion of the individual service phases and undertakes to give the client the opportunity to assess the completion of the phase.
• In the event of cancellation by the client, no usage rights are transferred to him. No additional usage fee is incurred.
• All finished concept sketches, detailed designs, objects, volumes, data carriers, and other models must be returned to dozfx immediately, and copies of data must be deleted.

13. Availability, Maintenance

• dozfx is not liable for data losses caused by technical failures, interrupted data transmissions, or other related problems.

14. Online Transmissions, Search Engines

• Various customer-specific settings are defined online. The transmission of this data over the Internet is at the risk of the client without warranty from dozfx.
• The client is aware that the data he provides for registration (keywords, descriptions) are transmitted over the Internet and become generally accessible after inclusion in a search engine.

15. Data Protection

• In accordance with § 33 BDSG, dozfx points out that personal data are stored in the course of contract processing and may be passed on to involved cooperation partners, agents, and service providers of dozfx.

16. Place of Performance

• The place of performance is not mandatory and can take place at any location by dozfx and its network.

17. Final Provisions

• The invalidity of one or more of the above provisions does not affect the validity of the remaining provisions. The invalid provision is to be replaced by a valid regulation that achieves the intended economic purpose as closely as possible.
• The law of the Federal Republic of Germany applies, excluding the UN Sales Law.
• The court of jurisdiction is Munich if the client is a merchant, a legal entity of public law, or a special fund under public law, or does not have a general place of jurisdiction in the country. dozfx is also entitled to sue at the client's location.

18. Miscellaneous

• Meeting minutes transmitted by dozfx are binding if the client does not object immediately after receipt.
• These General Terms and Conditions also apply to future transactions between the parties.
• Contract changes, supplements, and side agreements require written form to be effective. The requirement for written form also applies to the waiver of this form requirement.
• Customer-specific terms and conditions are not recognized by dozfx. This also applies if dozfx does not expressly object to them.