Terms of service
General terms governing engagements between [Company Name] and our clients.
Scope
These terms (the "Terms") govern all engagements between [Company Name] ("we", "us") and our clients ("you", "Client") for design, branding, and marketing services. Conflicting client terms are not accepted unless explicitly agreed in writing.
Services
The scope of services for each engagement is defined in the relevant proposal, statement of work, or order confirmation ("SOW"). Where the SOW and these Terms conflict, the SOW prevails.
Conclusion of contract
A contract is concluded when you accept our written proposal in writing (including by email) or when we begin performing services with your express agreement.
Pricing and payment
Fees, milestones, and payment terms are defined in the SOW. Unless otherwise agreed, invoices are due within 14 days of receipt, net, without deduction. We reserve the right to charge interest on overdue amounts at the statutory rate.
Cooperation
Timely delivery depends on your cooperation. You agree to provide briefs, materials, approvals, and feedback within the timelines defined in the SOW. Delays on your side may shift project timelines accordingly.
Delivery
Delivery dates given without an explicit binding commitment are estimates. Binding deadlines must be agreed in writing in the SOW.
Intellectual property and rights of use
Upon full payment of all fees due under the relevant SOW, you receive the rights of use to the agreed deliverables for the scope and territory specified in the SOW. Working files, source materials, and unselected concepts remain our property unless explicitly transferred.
We retain the right to reference completed work in our portfolio, case studies, and marketing — unless otherwise agreed in writing.
Confidentiality
Each party will treat confidential information received from the other party as confidential and will not disclose it to third parties without prior written consent, except as required by law.
Termination
Engagements may be terminated for cause at any time. Termination for convenience is governed by the SOW; in the absence of a specific clause, either party may terminate with [N] weeks' written notice. Fees for work performed up to the termination date remain payable.
Liability
We are liable without limitation for damages caused by intent or gross negligence. For damages caused by simple negligence, our liability is limited to typical, foreseeable damages and capped at the total fees paid under the relevant SOW. Liability under the German Product Liability Act (Produkthaftungsgesetz) and for injury to life, body, or health remains unaffected.
Data protection
Both parties comply with applicable data protection laws. Personal data processing on the agency side is described in our privacy policy.
Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is [City], to the extent permitted by law. Should any provision of these Terms be invalid or unenforceable, the remaining provisions remain in full force and effect.