Terms & Conditions

Contracts with IDEENHAUS are formed by written confirmation. Subsequent changes to contracts must be confirmed in writing by IDEENHAUS. Conflicting terms and conditions of the client are not accepted and do not form part of the contract.

Advertising brokerage orders are concluded on the terms and price lists of the media owners unless expressly agreed otherwise. IDEENHAUS undertakes in every case to negotiate the highest possible discount with the media owner. Where volume discounts and tiered rates have been agreed, the client will be charged a surcharge if those agreements are not met; such surcharge is due immediately. IDEENHAUS is responsible for ensuring contractual placement with the advertising media. IDEENHAUS is not liable for defects in placement but is authorised to assert any claims of the client against the media owner. IDEENHAUS assumes no liability for brokerage orders given by telephone.

Remuneration is agreed either on a project basis or as a percentage of the budget or placement sum. The overall services to be provided by IDEENHAUS for these amounts must be fixed in writing. Travel costs, costs for meals and accommodation away from the office, photography outside the agency, model fees, transport and material costs, etc., are invoiced separately.

All prices are net plus statutory VAT. Price quotations become binding only upon conclusion of the contract. Wage increases and demonstrable cost increases that occur in the meantime entitle IDEENHAUS — if more than four months elapse between conclusion of the contract and performance — to increase quoted prices accordingly. In cases of advertising brokerage, the prices in the current price lists of the advertising media automatically become part of the contract. IDEENHAUS reserves the right to pass on to the client price changes or errors on the part of the media.

Unless otherwise agreed, deliveries are ex IDEENHAUS. Risk passes to the client upon delivery by IDEENHAUS. IDEENHAUS assumes no liability for damage due to delayed postal delivery. If the agreed delivery deadline is not met, IDEENHAUS is not liable for circumstances for which IDEENHAUS is not responsible, in particular in cases of force majeure (e.g. weather-related overruns on photo and film assignments, etc.). Difficulties in delivery for which the client is not at fault do not release the client from the obligation to pay.

The agency services provided are available to the client only for the agreed advertising purpose. Any further use requires a separate agreement on scope, time and territory of use and appropriate remuneration. Individual points must be fixed in writing and set out in separate contract documents. The transfer of rights to the client depends on full payment of the agreed remuneration.

Where work performances are protected by copyright, the substantive and territorial scope of exploitation rights such as reproduction, distribution and broadcasting rights is set out individually in the contract. These exploitations are covered by the agreed remuneration. Any further exploitation requires separate payment. If an exclusive right of use is granted, this must be expressly agreed with remuneration fixed. If designs produced as part of an advertising campaign are to be taken over by the client as trademarks, designs, get-up or trade dress, separate remuneration must be agreed. The client alone is responsible for rights of reproduction and all formal legal requirements necessary to perform the order.

Copyright and the right of reproduction by any process and for any purpose in sketches, drafts, originals, films and the like remains with IDEENHAUS unless expressly agreed otherwise. Printing materials required directly for reproduction (metal plates, clichés, cylinders, galvanos, dies, etc.) remain the property of the reproducer even if invoiced separately. Printing materials required only indirectly for reproduction (photo lithos, matrices, embossing plates, etc.) remain the property of IDEENHAUS unless invoiced separately.

IDEENHAUS assumes no liability for printing materials and other items delivered to the client that are not collected within four weeks of completion of the order. Negatives from photo and film assignments are the property of IDEENHAUS or the photographer or film producer commissioned by IDEENHAUS. Title passes only on the basis of special agreements for which separate remuneration is to be agreed. Storage of negatives is without guarantee. Copyright in the shots also remains reserved unless otherwise agreed.

IDEENHAUS assumes no liability for defects in formal legal requirements that the client is obliged to fulfil. Rejected designs and services such as sketches, drafts, photos and films remain reserved to IDEENHAUS for further use and exploitation. Rejected drafts by the client must be remunerated if reserved by separate agreement.

Where third parties perform services for IDEENHAUS, e.g. freelancers, IDEENHAUS must ensure free exploitability for the client’s purposes. IDEENHAUS is not liable for work typically subcontracted to third parties such as typesetting, cliché, litho and printing work, even where IDEENHAUS recharges the client.

The client is liable for the legal validity of all information provided by the client, in particular about trademarks, designs, get-up and trade names. Claims against IDEENHAUS arising therefrom are excluded. In such cases the client indemnifies IDEENHAUS against all liability. On photo and film assignments the client bears the risk of difficulties not caused by IDEENHAUS or the commissioned photographer or film producer, including weather for outdoor shoots, timely provision of products, availability of props (where procurement is the client’s responsibility), travel bans, failure of announced representatives to appear, and the like.

Delay of photo models is irrelevant for liability whether the photographer or film producer engaged them in their own or another’s name. If the client does not accept the agreed performance, the agreed remuneration becomes due in full after one week. Further claims for damages due to refusal to accept remain reserved. Changes, deterioration or loss after expiry of a deadline set are at the client’s expense.

If materials, products or equipment of the client held at IDEENHAUS or to be photographed or temporarily stored are to be insured against fire, water, theft, etc., this is the client’s responsibility. Materials, products or equipment held at IDEENHAUS temporarily or permanently can only be stored with due care.

Complaints about IDEENHAUS services must be made in writing to IDEENHAUS within one week from the dispatch date. Reduction in price or cure may be claimed, but not rescission or damages. Print-ready artwork and proofs must be checked and corrected by the client without delay and returned to IDEENHAUS with confirmation. IDEENHAUS assumes no liability for typesetting and printing errors that nevertheless remain. If the client commissions a reproducer directly who needs print materials designed and produced by IDEENHAUS for reproduction work, IDEENHAUS is free from any liability for complaints about the finished reproduced item.

Remuneration must be paid on time in accordance with the agreements made. Until full payment, unrestricted retention of title applies. Invoices for brokerage services are due immediately. Cash discounts must be agreed separately. For brokerage orders the media owners’ terms apply. If advance payment is agreed, the client receives a pro forma invoice. Advance payment must be received before the advertising or placement deadline; otherwise IDEENHAUS is entitled to withdraw from the order.

If due claims are not paid after a reminder, default interest in the amount of 2% above the respective Bundesbank discount rate is payable. In brokerage orders IDEENHAUS may cancel further performance of the order in case of default; IDEENHAUS excludes any liability for damage to the client resulting therefrom. The client’s right to set-off is likewise excluded in this respect.

If circumstances arise that call prompt fulfilment of payment obligations into question (opening of insolvency, composition proceedings or repeated enforcement, etc.), IDEENHAUS has the right to withdraw from the contract. Outstanding invoices become due immediately on withdrawal. Advance payments may be demanded for services not yet rendered if the client indicates that further work will not be executed.

The agreed remuneration must be paid in any case, plus any ancillary or third-party costs; saved expenses for services not yet rendered are credited at 50%. Brokerage remuneration must be paid in any case. If the client cancels the order, services rendered must be paid immediately; otherwise the rules in the preceding paragraph apply. Claims for damages against the client for breach of contract remain expressly reserved. Set-off against IDEENHAUS’s claims is excluded.

IDEENHAUS treats all knowledge obtained about the client and its products as confidential business information. All persons employed by IDEENHAUS are subject to confidentiality obligations. IDEENHAUS is not liable for damage caused by third parties or industrial espionage.

IDEENHAUS is entitled to add a company line or code to all advertising materials designed by it, subject to agreement with the client on placement and font size. IDEENHAUS is entitled to ten sample copies of all publicly used designs.

On termination of the contractual relationship IDEENHAUS must return to the client all materials supplied, such as photos, films, etc. If invoices are outstanding, IDEENHAUS has a right of retention. IDEENHAUS must hand over to the client materials received during the relationship such as printing plates, clichés, etc., unless there is an agreement on further exploitation and use of those materials.

Nuremberg is agreed as place of performance and place of jurisdiction for all claims arising from this contract. The law of the Federal Republic of Germany applies. If a contracting party is not a merchant within the meaning of the German Commercial Code, the general rules on jurisdiction apply.