Our Gen­er­al Terms and Conditions

1. Con­clu­sion of con­tracts

Con­tracts with IDEENHAUS come into effect when con­firmed in writ­ing. Sub­se­quent mod­i­fi­ca­tions to con­tracts must be con­firmed in writ­ing by IDEENHAUS. The Client’s terms and conditions that devi­ate from these Terms and Conditions are not recog­nised and do not form part of this con­tract.

2. Advertising place­ment orders

Advertising place­ment orders are con­clud­ed under the advertiser’s terms and conditions and price lists, unless express­ly agreed oth­er­wise. IDEENHAUS under­takes to agree the largest pos­si­ble dis­count with the adver­tis­er in each case. In the event of agree­ments on volume dis­counts and series dis­counts, an addi­tion­al charge, due imme­di­ate­ly, shall be levied against the Client in the event this agree­ment is not sat­is­fied. IDEENHAUS must ensure that the advertising media are broad­cast as con­tract­ed. How­ev­er, IDEENHAUS shall not be liable for defects in the broad­cast. IDEENHAUS is nev­er­the­less enti­tled to assert any claims from the Client against the adver­tis­er. IDEENHAUS accepts no lia­bil­i­ty for place­ment orders given by tele­phone.

3. Remu­ner­a­tion

Remu­ner­a­tion is either agreed on a project-by-project basis or as a per­cent­age of the budget or broad­cast­ing sum. The over­ar­ch­ing ser­vices to be ren­dered by IDEENHAUS in exchange for these sums must be detailed in writ­ing. Travel costs, sub­sis­tence and accom­mo­da­tion costs, pho­tog­ra­phy out­side the agency, model costs, trans­port costs, mate­r­i­al costs, etc., shall be invoiced sep­a­rate­ly.

4. Prices

All prices are given net, plus value-added tax at the statu­to­ry rate. Prices listed in a quo­ta­tion shall only become bind­ing when a con­tract is con­clud­ed. In the event of salary increas­es and notice­able cost increas­es in the inter­im, IDEENHAUS is enti­tled to increase the quoted prices accord­ing­ly, pro­vid­ed more than four months pass between the con­tract being con­clud­ed and the ser­vice being pro­vid­ed. In the event of advertising place­ment, the prices given in the applic­a­ble price lists for the adver­tis­er shall auto­mat­i­cal­ly become part of this con­tract. IDEENHAUS reserves the right to charge the Client for changes or errors in prices on the part of the media house.

5. Terms of deliv­ery

Deliv­er­ies shall be made ex works from IDEENHAUS’s premis­es, unless agreed oth­er­wise. Lia­bil­i­ty shall pass from IDEENHAUS to the Client fol­low­ing deliv­ery. IDEENHAUS accepts no lia­bil­i­ty for dam­ages aris­ing from postal delays. In the event of fail­ure to comply with the agreed deliv­ery dead­line, IDEENHAUS shall not accept any lia­bil­i­ty for cir­cum­stances that are not attrib­ut­able to IDEENHAUS. This applies, in par­tic­u­lar, in instances of force majeure (e.g. weath­er-relat­ed vio­la­tions, for pho­tog­ra­phy and film orders, etc.). No-fault issues relat­ing to delays in deliv­ery shall not release the Client from its pay­ment oblig­a­tion.

6. Agency ser­vices

The agency ser­vices ren­dered are only avail­able to the Client for the agreed advertising pur­pose. Beyond this, a sep­a­rate agree­ment is to be made in each instance with respect to the scope, tem­po­ral and geo­graph­i­cal usage and cor­re­spond­ing remu­ner­a­tion. The indi­vid­ual items in the con­tract are to be set out in writ­ing and detailed in sep­a­rate con­trac­tu­al doc­u­ments. The trans­fer of rights to the Client is depen­dent on the agreed remu­ner­a­tion being paid in full.

7. Copy­right, exploita­tion and usage rights

If work prod­ucts are cov­ered by copy­right, the fac­tu­al and geo­graph­i­cal scope of the usage exploita­tions – such as repro­duc­tion, dis­sem­i­na­tion, trans­mis­sion rights and the like – shall be set out indi­vid­u­al­ly in the con­tract. Such exploita­tion shall be offset by the agreed remu­ner­a­tion. A sep­a­rate fee must be paid in each instance for exploita­tion extend­ing beyond this. If an exclu­sive right of use is to be grant­ed, this pro­vi­sion must be express­ly agreed sep­a­rate­ly, with the remu­ner­a­tion for this also being set. If the designs devel­oped as part of an advertising cam­paign are taken over by the Client as trade­marks, reg­is­tered designs, equip­ment, or com­pa­ny or goods marks, spe­cif­ic remu­ner­a­tion must be agreed for this. The Client is solely respon­si­ble for the repro­duc­tion rights and all require­ments per­tain­ing to legal form required for the ful­fil­ment of the order. The copy­right and the repro­duc­tion right, for any process and for any pur­pose, that apply to pro­pri­etary sketch­es, drafts, orig­i­nals, films and the like shall remain with IDEENHAUS, sub­ject to any express pro­vi­sion to the con­trary. Print­ing mate­ri­als that are needed direct­ly for repro­duc­tion (metal plates, print­ing plates, cylin­ders, clichés, punch­es, etc.) shall remain the prop­er­ty of the entity under­tak­ing the repro­duc­tion, even if they are invoiced sep­a­rate­ly. Print­ing mate­ri­als that are only needed indi­rect­ly for repro­duc­tion (pho­tog­ra­phy lithos, matri­ces, emboss­ing plates, etc.) shall remain the prop­er­ty of IDEENHAUS, unless they are invoiced sep­a­rate­ly. IDEENHAUS accepts no lia­bil­i­ty for direct and indi­rect print­ing mate­ri­als and other items deliv­ered for the Client that are not request­ed by the Client within four weeks of com­ple­tion of the order. Neg­a­tives for pho­tog­ra­phy and film orders are the prop­er­ty of IDEENHAUS or the pho­tog­ra­ph­er or film-maker com­mis­sioned by IDEENHAUS. Prop­er­ty rights are only trans­ferred based on spe­cif­ic agree­ments, with sep­a­rate remu­ner­a­tion to be agreed for this. The neg­a­tives are stored with­out war­ran­ty. The copy­right to the images also remains reserved, pro­vid­ed noth­ing is agreed oth­er­wise. IDEENHAUS accepts no lia­bil­i­ty for defects relat­ing to require­ments per­tain­ing to legal form that the Client is oblig­at­ed to sat­is­fy. Reject­ed cre­ations and ser­vices such as sketch­es, drafts, photos and films, shall remain IDEENHAUS’ prop­er­ty for fur­ther use and exploita­tion. Remu­ner­a­tion for drafts reject­ed by the Client must be paid by means of a sep­a­rate agree­ment if the Client wishes such drafts to be reserved for itself.

8. Third-party work

If third-party ser­vices are per­formed for IDEENHAUS, such as those under­tak­en by free­lancers, IDEENHAUS must ensure they can be freely used for the Client’s pur­pos­es. IDEENHAUS accepts no lia­bil­i­ty for work that IDEENHAUS nor­mal­ly awards to third par­ties, such as type­set­ting, block, litho and print work, even if IDEENHAUS set­tles this with the Client.

9. Lia­bil­i­ty

The Client shall be liable for the legal valid­i­ty of all the information pro­vid­ed by the Client, in par­tic­u­lar with respect to trade­marks, reg­is­tered designs, equip­ment, com­pa­ny and goods descrip­tions. Any result­ing claims made against IDEENHAUS from this are exclud­ed. In this instance, the Client shall indem­ni­fy IDEENHAUS against all lia­bil­i­ty. In the event of pho­to­graph and film orders, the Client shall bear the risk of issues that are not attrib­ut­able to IDEENHAUS or the pho­tog­ra­ph­er or film-maker com­mis­sioned, includ­ing weath­er conditions during out­door shoot­ing, the timely pro­vi­sion of prod­ucts, the pres­ence of props (pro­vid­ed the Client is oblig­ed to pro­cure them), travel bans, the non-appear­ance of announced rep­re­sen­ta­tives, and the like. In the event of a delay by models, it is imma­te­r­i­al for lia­bil­i­ty pur­pos­es whether the pho­tog­ra­ph­er or film-maker had booked the models in their own name or some­one else’s. If the Client does not reject the agreed ser­vice, the agreed remu­ner­a­tion shall be due in full once one week has elapsed. Other claims for com­pen­sa­tion due to a refusal to reject the work remain reserved. Changes, dete­ri­o­ra­tions or lost goods that occur after a dead­line has been set shall be borne by the Client. In the event that the Client’s doc­u­ments, prod­ucts, devices, sys­tems and system com­po­nents are stored, are to be pho­tographed or are tem­porar­i­ly present on IDEENHAUS’s premis­es and are to be insured against fire, water, theft, etc., the Client shall be respon­si­ble for meet­ing this insur­ance oblig­a­tion. Doc­u­ments, prod­ucts or devices, sys­tems and system com­po­nents that are stored, are to be pho­tographed or are tem­porar­i­ly or per­ma­nent­ly present on IDEENHAUS’s premis­es must be kept in an order­ly fash­ion at all times.

10. Claims for defects

Com­plaints regard­ing IDEENHAUS’s ser­vices must be sent to IDEENHAUS in writ­ing within one week, start­ing from the date of dis­patch. Reduc­tion or rec­ti­fi­ca­tion can be assert­ed, but not con­ver­sion or com­pen­sa­tion. Print-ready tem­plates and galley proofs must be reviewed and cor­rect­ed with­out delay by the Client, who must affix its con­fir­ma­tion to them and then return them to IDEENHAUS. IDEENHAUS accepts no lia­bil­i­ty for any type­set­ting and print­ing errors that occur regard­less of this process. If the Client com­mis­sions a repro­duc­tion com­pa­ny direct­ly and this com­pa­ny needs print­ing mate­ri­als that have been designed and pro­duced by IDEENHAUS for its repro­duc­tion work, IDEENHAUS shall be released from any lia­bil­i­ty regard­ing claims for defects in the final, repro­duced arte­fact.

11. Pay­ment terms – reten­tion of title

Remu­ner­a­tion must be paid in good time, in line with the agree­ments made. Reten­tion of title applies to an unlim­it­ed extent until the final pay­ment is made. Invoic­es for place­ment ser­vices ren­dered are payable imme­di­ate­ly. Cash dis­counts must be agreed sep­a­rate­ly. The advertiser’s terms and conditions shall apply in the event of place­ment orders. If pre-pay­ment is agreed, the Client shall receive an advance invoice. The pay­ment on account must be received prior to the final dead­line for the adver­tise­ment or broad­cast. Oth­er­wise, IDEENHAUS shall be enti­tled to with­draw from the order. If receiv­ables are due and are not set­tled once a dead­line has been set, default inter­est of 2% plus the rel­e­vant Bun­des­bank rate must be paid. In the event of default on place­ment orders, IDEENHAUS may cancel fur­ther exe­cu­tion of the order. IDEENHAUS accepts no lia­bil­i­ty for any damage the Client suf­fers as a result. Sim­i­lar­ly, the Client’s right of offset is exclud­ed in this respect.

12. Rights of with­draw­al

In the event of cir­cum­stances that call into ques­tion whether pay­ment oblig­a­tions will be met in a timely manner (appli­ca­tion for bank­rupt­cy pro­ceed­ings, insol­ven­cy pro­ceed­ings or repeat­ed enforce­ment actions, etc.), IDEENHAUS shall have the right to with­draw from the con­tract. Unpaid invoic­es shall fall due for pay­ment with imme­di­ate effect on with­draw­al from the con­tract. Advance pay­ments may be request­ed for ser­vices not yet ren­dered if the Client states that fur­ther work shall be per­formed. The agreed remu­ner­a­tion must be paid in any case, plus any ancil­lary or third-party costs incurred; expen­di­ture saved for ser­vices not yet ren­dered is paid at 50%. The place­ment fee incurred must be paid in each instance. If the Client can­cels the order, the ser­vices ren­dered must be paid for imme­di­ate­ly. In addi­tion, the reg­u­la­tion set out in the pre­ced­ing para­graph shall apply. Claims for com­pen­sa­tion assert­ed against the Client due to breach of con­tract remain express­ly reserved. Off­set­ting against IDEENHAUS’s claims is exclud­ed.

13. Con­fi­den­tial­i­ty

IDEENHAUS shall treat all the information it obtains regard­ing the Client and its prod­ucts, etc., as a busi­ness secret entrust­ed to it. All IDEENHAUS employees are oblig­at­ed to main­tain con­fi­den­tial­i­ty. IDEENHAUS accepts no lia­bil­i­ty for damage caused by third par­ties or for tar­get­ed indus­tri­al espi­onage.

14. Identification/specimens

IDEENHAUS is enti­tled to attach a com­pa­ny-spe­cif­ic text or code to all advertising mate­ri­als it designs; the posi­tion­ing and font size for this must be agreed with the Client. IDEENHAUS shall be enti­tled to ten spec­i­men copies of all public-facing mate­ri­als that have been designed.

15. Pro­cess­ing

On the ter­mi­na­tion of the con­trac­tu­al rela­tion­ship, IDEENHAUS shall return to the Client all the doc­u­ments – such as pho­tographs, films, etc. – pro­vid­ed. IDEENHAUS shall have the right to retain such items if invoic­es are out­stand­ing. For its part, IDEENHAUS must return to the Client mate­ri­als such as print­ing plates, print­ing blocks, etc., obtained during the con­trac­tu­al rela­tion­ship, pro­vid­ed no cor­re­spond­ing agree­ment has been made con­cern­ing the fur­ther exploita­tion and use of these mate­ri­als.

16. Place of juris­dic­tion

Nurem­berg is agreed as the place of ful­fil­ment and juris­dic­tion for all claims aris­ing from this con­tract. This con­tract shall be gov­erned by the laws of the Fed­er­al Repub­lic of Germany. If a party to the con­tract is not a reg­is­tered trader, the gen­er­al reg­u­la­tion on the place of juris­dic­tion shall apply.