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.
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.
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.
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.
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.
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.
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.