General Terms and Conditions

for services provided by the ZEICHENSAELE agency
As of: September 2025

This English version is provided for information purposes only. In case of doubt, the German version shall prevail.

1. Scope

These General Terms and Conditions (GTC) apply to all contracts between our agency ZEICHENSAELE and our clients. They cover all services in the fields of advertising, communication and marketing.

Deviating terms and conditions of the client shall only apply if we have expressly agreed to them in writing.

2. Collaboration

We always advise our clients objectively and with a clear focus on their goals. If we engage external service providers (e.g. photographers, videographers, programmers, printers), we select them carefully.

3. Services and payment

  • The exact scope of our services and the remuneration are set out in our offer, the project documents and our current price list.
  • Change requests by the client that result in additional work will be invoiced separately at our applicable hourly rates.
  • If the client terminates a project before completion, we will invoice the services already rendered plus 10 % of the agreed total fee as additional compensation.
  • Costs incurred through third parties (e.g. licences, production costs) shall be borne by the client.
  • A legal review (e.g. trademark or competition law) is not automatically part of our services. If requested, we will commission specialist lawyers; the client shall bear the costs for this.

4. Presentations and meetings

  • If our ideas or designs are not commissioned following a presentation, they remain the property of the agency. Any rights not expressly granted remain with the agency.
  • On request, we will prepare minutes after meetings. These are deemed binding unless an objection is raised in writing within 3 working days.

5. Offers and costs

  • Our offers are non-binding. Unless otherwise agreed, work is invoiced on a time and expense basis.
  • Quoted prices may be exceeded by up to 15 % without requiring renewed approval.
  • Third-party costs (e.g. for printing, photography, travel expenses) will be invoiced separately.
  • For coordinating external service providers and assuming the del credere risk, we pass on third-party services with an additional project handling surcharge of 10 % on the respective net third-party invoices.

6. Deadlines and delivery

Delivery and completion dates are generally non-binding unless we have expressly confirmed them as fixed dates. Delays caused by a lack of cooperation on the part of the client shall be borne by the client.

7. Acceptance

Work results are deemed accepted if the client does not raise any objections within 7 days of delivery, or if the client uses or pays for the work.

8. Invoices

  • Our invoices are due immediately upon receipt, and no later than within 14 days.
  • In the event of late payment, we charge interest in accordance with the statutory provisions.
  • The client may only offset claims that are undisputed or have been finally established by a court.

9. Rights of use

  • Rights of use to our work pass to the client only after payment in full, and only to the extent contractually agreed.
  • Our designs, concepts and ideas may not be reproduced, modified or passed on to third parties without our consent.
  • The agency may credit its work in the manner customary in the industry and use it for its own promotional purposes.

10. Use of AI

  • We may use AI tools to create content unless the client expressly objects before placing the order.
  • We do not guarantee that AI-generated content is free of third-party rights. The client is obliged to verify the lawful use of such content themselves.
  • AI-generated content is only labelled as such where required by law.

11. Liability

  • We are only liable for damages in cases of intent or gross negligence.
  • In cases of slight negligence, we are only liable if essential contractual obligations are breached.
  • Warranty claims become time-barred 12 months after delivery.
  • Documents are sent at the client's risk.

12. Artists' social insurance (KSK) and levies

The client is obliged to pay any statutory levies (e.g. to collecting societies or the German Artists' Social Insurance Fund, Künstlersozialkasse) themselves.

13. Final provisions

  • The place of performance and jurisdiction is – to the extent legally permissible – the registered office of the agency, Mönchengladbach.
  • German law applies exclusively, including to contracts with foreign clients.
  • Should any provision of these GTC be invalid, the validity of the remaining provisions shall remain unaffected (severability clause).