Basis for a trusting cooperation besides experience, process compliance, and the quality of work are clearly defined general conditions. In the general terms and conditions we lay the foundations and rules for cooperation.
1. The offered services describe projects, tasks, extent and time frame. Services and any possible external costs as well as methods of payment and additional agreements are covered. Offers and acceptance must be done in writing.
2. Remuneration for concepts and projects is based on man-days, lump sums or expenses.
3. The following costs will be invoiced additionally:
3.1. When traveling to fulfill the project, the journey time is calculated at a reduced rate per hour of 100 Euro. When traveling in a motor vehicle, the travel time is included in the rate per kilometer.
3.2 Travel expenses for air travel (business) and train travel (1st class); overnight stays will be charged according to receipts. Flat rate expenses per day are set at a lump sum of 50 EUR. Transportation costs for automobiles will be charged as 0,70 EUR per driven kilometer and taxi-cab rides will be charged according to the receipt.
4. Technical costs and fees for all occurring telephone interviews are 15,00 EUR per interview, color copies DIN A4 1,00 EUR, A3 2,00 EUR, burned CDs 30,00, proofs 95,00 euro and b/w mass printing (DIN A4 0,50 EUR, A3 1 EUR) will be invoiced by quantity. The creation of printable PDFs 200,00 EUR. The creation of data formats such as gif, tiff, jpg or viewable PDFs 30,00 EUR a piece.
5. The implementation of projects and the production of communications equipment may be supported by the services of third parties. In production on our behalf, we provide a cost estimate to the client. Upon client approval we will choose the production company, coordinate and invoice. All external costs arising from the project will be invoiced with receipt with a handlings markup of 15%. This markup is charged for screening, data handling and invoice processing. In the case of external costs that exceed 1,000 EUR an advanced payment before contracting third parties may be requested.
6. If the client changes the type or extent of service after order placement, the resulting additional costs will be charged. If order placements are not completed for reasons that we are not responsible for, the compensation will be paid in full for the offered services.
7. Important details of the ongoing cooperation as well as possible changes are compiled in the minutes of the meeting, which the client shall receive no later than three working days after meeting by fax or email. The contents are deemed to be accepted, if the client does not justifiably object to this within the ensuing three working days. The acceptance of services is deemed as completed, if no objections are made in writing within 5 working days after the delivery and completion i.e. presentation.
8. Compensation claims from positive breach of obligation, negligence in contracting and tort are excluded, unless the damage was caused deliberately or through gross negligence. This limitation of liability also applies to all compensation claims based on warranty law, as long as features have not been insured. If the damage is based on default or impossibility and no willful intent or no gross negligence attaches to Dietrich Identity or its employees, then only compensation of the direct damages is owed. The amount of compensation to be awarded in all cases is restricted to value of the net invoice amount of the respective order.
9. The offer of services includes deadlines i.e. a time frame. These are binding for both parties. Non-compliance of this by the client releases Dietrich Identity from their adherence to the deadline.
10. Dietrich Identity undertakes for itself responsibility for all contracted specialists, all company and trade secrets that are made known to them before or during the cooperation are to be handled strictly confidential and are not made available to third parties neither in whole or in part.
11. It is ensured within the duty of care undertaken by a prudent businessman that the rights transferred to the client and services are free from the rights of use by third parties. Should the rights of third parties be unintentionally affected, alternatives shall be developed. Any further form of compensation is not mandatory. Upon request the client may carry out an evaluation of competition for the legality of the designed and developed measures in coordination with members of client’s legal department or with a recommended law firm. The created digital data remain property of Dietrich Identity.
12. Terms and conditions of use, i.e. buy out rights are not contained in offered services and design fees and will be negotiated separately.
13. Should one or more of the regulations of the general terms and conditions become invalid, the validity of the remaining regulations is unaffected. In this case the partners bind themselves to agree upon an economic and objective equivalent provision with content in a correct legal manner. The general terms and conditions of the client, which deviate from the conditions, shall not be deemed to have been agreed to. Agreements made verbally or by telephone shall only be binding after submission of written confirmation.
14. The place of fulfillment and jurisdiction is Munich. The law of the Federal Republic of Germany applies.
Dietrich Identity GmbH
Tel: +49 89 5527188-0
Fax: +49 89 5527188-20
District Court of Munich – Registration Number 190321