In addition to experience, the tried and tested system and the quality of the work, the basis for a trusting cooperation is a clear definition of the framework conditions. In the general terms and conditions we regulate the basics of cooperation.
1. The offer describes the project, task, scope and time frame. Services and any third-party costs incurred as well as the method of payment and additional agreements are recorded. Offer and acceptance are made in writing.
2. The remuneration for concepts and projects is based on man-days, lump sums or expenditure.
3. For trips outside of Munich, the travel costs by car are calculated at EUR 0.95 per kilometer driven. Travel costs for flight (business) and train travel (1st class), taxi or overnight stays are billed according to receipt, plus travel time of 100 euros / hour. The expense rate per man-day is a flat rate of 50 euros.
4. Software-technical costs and fees for incidental telephone interviews 15.00 EUR per interview, color copies DIN A4 1.00 EUR, A3 2.00 EUR, CD burning EUR 30.00, prints / proofs 95.00 EUR and b / w Bulk copies (DIN A4 EUR 0.50, A3 EUR 1) will be invoiced according to the number. Creation of printable PDF templates, Adobe templates 250.00 euros. Creation of file formats such as png, gif, tiff, jpg, eps 30.00 euros per piece.
5. The implementation of projects and the production of communication media can be supported by the services of third parties. When producing on our behalf, we provide the client with a cost estimate. After approval by the client, we select, coordinate and calculate the production company. All third-party costs incurred in the project will be charged with a handling surcharge of 15% after receipt. This surcharge is charged for pre-selection, data handling and invoice processing. In the case of external costs that exceed EUR 1,000, an advance payment can be requested before the third party is commissioned.
6. If the client changes the type or scope of the services after the order has been placed, the resulting additional work will be charged additionally. If orders placed are not fulfilled for reasons for which we are not responsible, the remuneration will be charged in full for the respective offer.
7. Important details of the ongoing cooperation as well as any changes are recorded in meeting minutes, which the client receives no later than 3 working days after a meeting by fax or email. The content is considered to be accepted if the client does not object within a further three working days. The acceptance of services is deemed to have taken place if no objections are made in writing within 5 working days of delivery, completion or presentation.
8. Claims for damages from positive breach of contract, negligence when concluding the contract and from tort are excluded, unless the damage was caused by intentional or grossly negligent action. This limitation of liability also applies to claims for damages under warranty law, unless properties have been guaranteed. Insofar as damage is due to delay or impossibility and Dietrich Identity or its employees are not guilty of intent or gross negligence, only compensation for the direct damage is owed. The amount of the compensation to be paid is limited in each case to the value of the net invoice amount of the respective order
9. The offer contains dates and time frames. These are binding for both partners. Your non-compliance by the client releases Dietrich Identity from the respective deadline responsibility.
10. Dietrich Identity undertakes for itself as well as for all specialists commissioned by it the obligation to treat all business or company secrets known to it by the client before or in the context of the cooperation as strictly confidential and not to make them available to third parties in whole or in part.
11. It is guaranteed within the framework of the diligence of a prudent businessman that the rights and services transferred to the client are free of third-party rights of use. Should the rights of third parties be unintentionally affected, we are obliged to develop alternatives. There is no obligation to provide any further form of compensation. At the request of the client, a competition law review for the admissibility of the designed and developed measures can be carried out in coordination with the client’s legal department or with a recommended law firm. The digital data created remain the property of Dietrich Identity.
12. Usage rights or buy-out rights are not included in the offers and development fees and are negotiated separately.
13. The validity of the remaining provisions is not affected by any invalidity of one or more provisions of the General Terms and Conditions. In this case, the partners undertake to agree on a factually and economically equivalent regulation with legally applicable content. General terms and conditions of the client that deviate from these conditions are deemed not to have been agreed. Verbal and telephone agreements are only binding if they have been confirmed in writing.
14. Place of fulfillment and jurisdiction is Munich. The law of the Federal Republic of Germany.
Last update: 2020
Dietrich Identity GmbH
Phone: +49 89 5527188-0
Fax: +49 89 5527188-20
Amtsgericht München – HRB 190321