Privacy
§ 1 Scope The following General Terms and Conditions apply to all offers and services provided by Björn Knauf. Our Terms and Conditions apply exclusively. We do not recognize any terms and conditions of the contractual partner that deviate from our General Terms and Conditions, unless we have expressly agreed to their validity in writing. Our General Terms and Conditions also apply to all future business with the customer. Björn Knauf is entitled at any time to change or supplement these General Terms and Conditions, including the underlying remuneration clauses, service descriptions, and other attachments.
§ 2 Conclusion of Contract Contracts between Björn Knauf and customers are concluded through written order confirmation from Björn Knauf, whereby any transmission method (email, mail, SMS, etc.) may be chosen. Offers from Björn Knauf to customers are non-binding. Unless expressly agreed otherwise, the dates underlying the order are non-binding.
§ 3 Contract Duration The duration of the contract exists until the time of acceptance of the service and until the complete payment of the agreed fee by the customer.
§ 4 Services/Order Processing Björn Knauf provides his services based on these General Terms and Conditions. The creation of the corresponding websites, software or software codes, advertising materials, and the corresponding consultation takes place according to the briefing by the client. The cost estimates, meeting minutes, and/or business reports transmitted by Björn Knauf are binding if the client does not object within one week. Templates, files, and other work materials (e.g., photos, templates of websites, models, original illustrations, etc.), which Björn Knauf creates or has created to provide the contractually agreed service, are the property of Björn Knauf. Unless expressly agreed otherwise, these remain the property of Björn Knauf even after termination of the contract. There is no obligation to surrender. Björn Knauf is not obligated to store them. The templates and drafts provided by Björn Knauf are only binding in terms of color, image, or sound design once their corresponding realization possibility is confirmed in writing by Björn Knauf. Within the scope of the order, Björn Knauf has creative freedom.
§ 5 Presentation The use of the works and services presented and made available by Björn Knauf for the purpose of concluding the contract (presentation by Björn Knauf), whether protected by copyright or not, requires the express, written consent of Björn Knauf to the client or any third parties. The same applies to changes or processing that the client makes to the services presented or made available by Björn Knauf for the purpose of presentation, provided that these have not been reflected in the client's previous websites, software, software codes, and/or advertising materials. The acceptance of the presentation fee is not consent to the use of the works and services presented by Björn Knauf.
§ 6 Copyright and Usage Rights Every order placed with Björn Knauf is a copyright contract aimed at granting usage rights to the work performed. All drafts, concepts, template designs, layouts, designs, texts, graphics, sketches, photos, final artwork, etc. are subject to the Copyright Act of September 9, 1965, as amended. The provisions of the Copyright Act apply even if the level of creativity required under § 2 of the Copyright Act is not reached and are hereby contractually agreed. The drafts, etc. mentioned in § 6 number 2 may not be changed either in the original or in reproduction without the express written consent of Björn Knauf. Any processing - even in parts - is inadmissible. A violation of this provision entitles Björn Knauf to demand a contractual penalty in the amount of twice the agreed remuneration. Björn Knauf grants the client the necessary usage rights for the respective purpose through a separate agreement to the extent agreed for the respective order or as evident from the circumstances of the order recognizable to Björn Knauf. For services according to § 4 number 1 of these General Terms and Conditions, the rights to the layout of the websites are transferred, but not to scripts and programs that Björn Knauf has developed or developed and stored on the server. If the subject of the order is the programming of websites or if the use of the services is also permitted on the Internet, the above applies with the provision that the websites, the software, or software codes may also be accessible abroad. A transfer or sublicensing of the usage rights to third parties requires written agreement. The usage rights are only transferred to the customer after the order has been placed and the remuneration has been paid in full. If the drafts created by Björn Knauf and/or accepted services are used to a greater extent than originally intended, Björn Knauf is entitled to demand further remuneration for the comprehensive use. Suggestions by the client or his other collaboration have no influence on the amount of the remuneration. They do not justify co-authorship. The obtaining of the necessary usage rights for the documents provided by the customer, such as texts, images, and videos, is the responsibility of the customer. This also applies to third-party images that Björn Knauf researches and suggests to the customer for fulfillment. Furthermore, the font licenses required for the use of the documents and websites, software, and software codes created by Björn Knauf must be obtained by the customer. In case of violation of the above obligations, the customer is obligated to indemnify Björn Knauf from all claims of third parties and to compensate Björn Knauf for any resulting damages. The admissibility of the works under competition, trademark, and design law and the registrability of trademarks are only the responsibility of Björn Knauf to the extent that this has been expressly made the subject of the order. This also applies to the availability of domains. The registration of trademarks or designs as well as the registration of domains is the responsibility of the customer.
§ 7 Subcontractors/Assignment to Third Parties Björn Knauf is entitled to commission subcontractors or third parties with the provision of the services to be provided according to the order in whole or in part. Insofar as this is necessary for the assignment and/or execution of the order, Björn Knauf is entitled to make the materials of the client accessible to third parties, e.g., suppliers. Björn Knauf is entitled to place orders for the production of advertising materials, websites, software, etc., in the creation of which Björn Knauf is contractually involved, in the name of the client. The client hereby expressly grants the corresponding power of attorney. Björn Knauf places orders with third parties in his own name and for his own account. If quantity discounts or sliding scales are claimed, the client receives a subsequent charge in the event of non-fulfillment of the discount or scale requirements, which is due immediately.
§ 8 Materials of the Client/Remaining Quantities The delivery of materials, which the client is to deliver according to the contract or according to the circumstances, is to be organized and fully paid for by the client. To compensate for edition differences and return losses (e.g., during packaging), an additional delivery of the material to be processed of up to 5% is necessary. Björn Knauf is not obligated to check the specified quantities upon receipt of materials and printed matter. The client will be informed about remaining quantities, if desired. Björn Knauf is entitled to destroy the materials if the client does not respond within a period of two weeks or explicitly orders how to proceed with the remaining quantity. The period begins with the receipt of the remainder notice and a reference to the right existing for Björn Knauf under this regulation in the case of inactivity of the client. Should Björn Knauf rightfully destroy materials of the client according to this regulation, the client has no claims of any kind against Björn Knauf in this regard.
§ 9 Obligations of the Client The client is obligated to accept the services provided in accordance with the contract. Insignificant defects do not entitle to refuse acceptance but are subject to warranty. The client must check the services immediately upon receipt. The client must check the services before further processing without delay. If the client does not notify any defects in writing within eight days after receipt of the services, this is equivalent to acceptance. The services are deemed approved in this case. Any liability of Björn Knauf is excluded in such a case. Template designs are sent to the client for review. The client must inform Björn Knauf in writing of the approval for technical implementation (programming) for the Internet or change requests. With the approval for technical implementation for the Internet, the client confirms the contractual conformity of the template designs provided to him. Björn Knauf is not obligated to perform a subsequent review. For colored reproductions of template designs, deviations of the colors from the original when viewed on different computer monitors cannot be objected to. Proofs/print proofs are sent to the client for review. The client must inform Björn Knauf in writing of the print approval or change requests. If the client grants print approval, this is considered acceptance and confirmation of the contractual service with regard to proofs/print proofs. Björn Knauf is not obligated to perform a subsequent review. For colored reproductions in all printing processes, slight deviations from the original cannot be objected to. The same applies to the comparison between proof and edition.
§ 10 Delivery and Acceptance Delivery dates are only valid if they are expressly confirmed by Björn Knauf. If the contract is concluded in writing, the confirmation of the delivery date also requires the written form. The delivery obligations of Björn Knauf are fulfilled when the works and services of Björn Knauf have been taken offline and/or online. The risk of transmission (e.g., damage, loss, delay), regardless of which medium is used for transmission, is borne by the client. Agreed delivery periods are only binding if the client fulfills his cooperation obligations (e.g., procurement of documents, image material, approvals) properly and on time.
§ 11 Fee The fee is calculated according to hourly rates, unless expressly agreed otherwise. The following items are not included in the hourly rate mentioned in number 1: statutory value-added tax, artists' social security contributions, expenses, third-party services or subcontractors, supervision fees, customs duties. These are to be remunerated separately. To be remunerated separately and in full by the client and thus also not included in the hourly rate are third-party costs resulting from orders with suppliers of Björn Knauf (e.g., programming, Internet provider, photo, reproduction, litho, printing costs, etc.). For the organization, processing, supervision, control, and coordination of all orders with suppliers, Björn Knauf is entitled to a fee for the corresponding supervision in the amount of 15% of the net amount invoiced by the respective supplier, unless there is a different agreement. The fee is due as soon as the agreed service has been made available to the client and the client has received an invoice for the service provided. If an order is divided into several section services, the respective section service is to be remunerated by the client upon completion and making available of the section service after invoicing. If the execution of an order extends over a period of more than two months, Björn Knauf is entitled to demand installment payments corresponding to the services provided up to that date. Until all invoices relating to the order have been paid in full, Björn Knauf is entitled to assert a right of retention with regard to all objects and documents handed over by the client. Rights to the services of Björn Knauf, in particular copyright usage rights, are only transferred with the complete payment of all invoices relating to the order and only to the agreed extent. The modification of drafts, the creation and presentation of further drafts, as well as additional services beyond the agreed service are to be remunerated separately. Unless otherwise agreed, the hourly rates mentioned in number 1 and numbers 2 to 6 also apply here. For any printed products, more or less deliveries of up to 10% of the ordered quantity are possible. More or less deliveries exceeding this are not taken into account in the billing.
§ 12 Release of Data Björn Knauf is not obligated to release data carriers, files, source files, and data. The release is to be agreed in writing and remunerated separately. The remuneration is also subject to express and separate agreement.
§ 13 Liability Björn Knauf is liable to the client only for damages resulting from intentional and grossly negligent behavior. For damages that do not result from intentional or grossly negligent breach of essential obligations in the performance by Björn Knauf, the liability of Björn Knauf is limited to such typical damages and such a typical extent of damages that were reasonably foreseeable at the time of conclusion of the contract. The client bears sole responsibility for the content provided by him. The extent of this responsibility is governed by the general laws, the provisions of any separate agreements between the client and Björn Knauf, and these General Terms and Conditions, in particular by the provisions of this liability clause. The client indemnifies Björn Knauf from any claims of third parties that they may assert from the breach of the client's responsibility. Furthermore, Björn Knauf is permitted to prevent the use of the content in the event of a breach of the client's responsibility. Björn Knauf is not liable for any kind of software errors or content and programs that are offered in services, on the Internet, or in other networks independent of Björn Knauf or by the client or third parties and are made accessible via the Internet presence of the client. Björn Knauf is not liable, except in cases of intent and gross negligence, for defects in data carriers, files, and data. Björn Knauf is not liable for errors in data carriers, files, and data that occur during data import to the client's system. If a breach of an essential obligation by Björn Knauf does not occur intentionally or through gross negligence, the liability of Björn Knauf is limited to such typical damages or such a typical extent of damages that were reasonably foreseeable at the time of conclusion of the contract. Björn Knauf is also not liable for the protectability of copyright, patent, trademark, utility model, and design patents or for any other legal protectability of the services provided by Björn Knauf. In this respect, Björn Knauf is to be indemnified by the client from any claims by third parties. Björn Knauf is not liable for the legal admissibility of the services provided by Björn Knauf if the client has accepted the deliveries and services provided by Björn Knauf as contractually agreed through approval. However, Björn Knauf will inform the client of the risk of legal inadmissibility of a service provided by Björn Knauf if this would also be incumbent on a carefully acting freelance diploma designer in the design or advertising industry. Should the client disregard corresponding instructions, Björn Knauf is to be indemnified by the client from resulting claims of third parties. The approval for production and publication is the responsibility of the client. If the client delegates the approval in its entirety or in parts to Björn Knauf, the client indemnifies Björn Knauf from liability.
§ 14 Confidentiality Clause Björn Knauf undertakes to treat business and trade secrets that become known through the cooperation with the client confidentially. This also applies beyond the duration of the contractual relationship.
§ 15 Exclusivity Clause Björn Knauf is not subject to any exclusivity. Exclusivity agreements are only binding for Björn Knauf if they are expressly and in writing agreed.
§ 16 Final Provisions The contracts of Björn Knauf are subject to the law of the Federal Republic of Germany. The application of the "Convention for the International Sale of Goods" (CISG) of January 11, 1980, as amended, is excluded. If the client is a merchant or a special fund under public law, the place of jurisdiction for all disputes arising from this agreement is the registered office of Björn Knauf. However, each party may also be sued at its place of jurisdiction. Björn Knauf may refer to itself on contract products without the client's consent in an appropriate manner, e.g., in the "Portfolio" or "About me" section on the website of Björn Knauf. The place of performance for the services of Björn Knauf is Frankfurt am Main.
Please refer specifically to the website www.bjoernknauf.com.