Terms and Conditions
General Terms and Conditions (GTC) Designstudio Hirsch Andreas, Version: 04.2026
1. Scope of Application
1.1 Designstudio Hirsch Andreas provides all services and deliveries exclusively on the basis of these General Terms and Conditions (GTC).
1.2 Any terms and conditions that deviate from or extend beyond these, in particular the client's terms and conditions, shall only be binding if expressly confirmed in writing by Designstudio Hirsch Andreas in advance.
2. Contract Offer, Conclusion of Contract, Contract Term
2.1 All offers are non-binding.
2.2 The contract is concluded upon written order placement by the client or upon the first act of performance by Designstudio Hirsch Andreas in the case of an order placed without written form, without requiring notification to the client by Designstudio Hirsch Andreas.
2.3 The contract ends upon completion and payment of the agreed design services.
3. Contractual Basis, Basic Data
3.1 If Designstudio Hirsch Andreas has submitted a customized offer, the client's specifications form the basis of that offer.
3.2 The client is obligated to verify whether the subject matter of the contract meets their wishes and needs. If the client wishes to agree on binding specifications, these must be presented in writing. They only become effective upon countersignature by Designstudio Hirsch Andreas.
4. Copyright and Rights of Use
4.1 The commissioned work is a copyright contract aimed at granting rights of use – not ownership rights – to the work product. Copyright remains with Designstudio Hirsch Andreas.
4.2 All designs and final artwork are protected as the designer's personal intellectual creations under copyright law, the provisions of which shall also apply even if the level of originality required under Section 2 of the German Copyright Act (UrhG) is not met. Suggestions from the client or their other contributions do not establish co-authorship.
4.3 Designstudio Hirsch Andreas grants the client the rights of use necessary for the respective purpose. The works of Designstudio Hirsch Andreas may only be used for the agreed type of use/purpose/scope. In the absence of an express agreement, the purpose of the contract shall be deemed to be only that which the client made known when placing the order. The client/user acquires the right to use the work within the agreed scope upon full payment of the fee.
4.4 Uses that exceed the agreed production goal – such as multiple uses (e.g., for other projects) or use by third parties – require the consent of Designstudio Hirsch Andreas and are subject to a fee.
4.5 The design or elements/design features thereof may only be transferred to objects other than those contractually agreed upon with the consent of Designstudio Hirsch Andreas. Without our express consent, the work, including the copyright notice, may not be altered, either in the original or in reproductions. Any imitation – even of parts – is prohibited. A violation of this provision entitles Designstudio Hirsch Andreas to demand a contractual penalty in the amount of twice the agreed fee.
4.6 The transfer of granted rights of use to third parties requires our consent and is subject to a fee.
4.7 Designstudio Hirsch Andreas has the right to information regarding the scope of use.
4.8 Designstudio Hirsch Andreas has the right to be named as the author on all reproductions. Violation of this right entitles Designstudio Hirsch Andreas to damages. Without proof of greater damages, the damages amount to 50% of the agreed-upon fee or the fee customary according to the collective agreement for design services SDSt/AGD. The right to claim greater damages upon proof remains unaffected.
5. Prices and Payment
5.1 The total fee for the services of Designstudio Hirsch Andreas is calculated from the following partial fees: the fee for the creation of drafts and/or photographs and/or illustrations and/or animations and/or user experience concepts and/or wireframes and/or user interface elements; the fee for the production of final artwork plus incidental/material costs; the fee for the granting of rights of use. If artworks need to be purchased, these will be invoiced separately. All prices in offers are always net prices and are subject to 7% or 19% statutory VAT.
5.2 The following factors are decisive for the calculation of the individual partial payments: Type and scope of the services provided by Designstudio Hirsch Andreas; Use (scope, type, duration, territory) of these services by the client.
5.3 If no rights of use are granted and only drafts and/or final artwork are delivered, the fee for use is waived. If the drafts are used later, or to a greater extent than originally intended, Designstudio Hirsch Andreas is entitled to invoice the fee for use retroactively or to demand the difference between the higher fee for use and the fee originally paid.
5.4 If no fee has been agreed upon, the fee customary according to the collective agreement for design services of the Alliance of German Designers (SDSt/AGD) shall be deemed agreed.
5.5 The creation of designs and all other services provided by Designstudio Hirsch Andreas for the client are subject to a fee.
5.6 Suggestions and instructions from the client for technical, design, or other reasons, or any other cooperation from the client, do not affect the fee.
5.7 Fees are payable without deduction. If work is accepted in installments, the corresponding partial fee is due upon acceptance of each installment. Half of the total amount is invoiced after the initial presentation; the second half is due upon completion of the project. If the execution of a project extends over a longer period, Designstudio Hirsch Andreas may request partial payments commensurate with the work performed. If the project requires significant upfront financial investment from Designstudio Hirsch Andreas, appropriate partial payments are also due.
5.8 Designstudio Hirsch Andreas invoices ongoing services monthly.
5.9 Designstudio Hirsch Andreas reserves the right to increase hourly rates at any time after providing six weeks' written notice. Offers remain valid for two weeks.
5.10 In case of late payment, Designstudio Hirsch Andreas may charge default interest at a rate of 4% above the current discount rate of the German Federal Bank. The right to claim for any proven higher damages remains unaffected.
6. Special and Additional Services, Incidental Expenses and Travel Costs
6.1 Changes to drafts, the creation and submission of further drafts, changes to final artwork, content or design changes, and other text changes, as well as other additional services not expressly covered by the offer, will be billed separately based on time spent/hourly rate.
6.2 Expenses for incidental technical costs incurred in connection with the design work or design execution (e.g., for models, intermediate reproductions and shots, typesetting, printing) are to be reimbursed by the client.
6.3 Designstudio Hirsch Andreas will commission creative services from external providers (e.g., photography, models) or services related to the execution of the project (lithography, printing, shipping) on behalf of and at the expense of the client/user.
6.4 If Designstudio Hirsch Andreas commissions necessary external services (such as exposures, courier services) in its own name, the client/user shall indemnify Designstudio Hirsch Andreas against any resulting liabilities. This includes, in particular, the assumption of costs.
6.5 Payment for additional services is due upon completion. Out-of-pocket expenses are to be reimbursed as incurred.
6.6 For travel that is necessary for the execution of the project or its use, after consultation with the client/user, costs and expenses will be charged. The following will be charged: private car, other means of transport, accommodation, travel expenses, plus statutory VAT.
7. Client's Obligations to Cooperate
7.1 The client shall provide Designstudio Hirsch Andreas with all necessary information regarding the goals and priorities for the product to be designed, without being asked. Designstudio Hirsch Andreas is only obligated to conduct a review of the accuracy and completeness of the provided documents and information beyond general plausibility if such a review obligation has been agreed upon in writing.
7.2 The client warrants that they are authorized to use all templates (e.g., texts, photos, samples) provided to Designstudio Hirsch Andreas. Should they not be authorized to use them, the client shall indemnify Designstudio Hirsch Andreas against all third-party claims for damages.
8. Proofreading, Acceptance, and Production Monitoring
8.1 Designstudio Hirsch Andreas is entitled, in the client's interest and at the client's expense, to have proof samples created before the start of production.
8.2 Each phase of work will be accepted separately. Acceptance of a phase of work makes its result the binding basis for subsequent work. Acceptance is deemed tacit if no objection is raised regarding the work of the following phase.
8.3 Unless either party requests formal acceptance, or if the acceptance date requested by one party cannot be met due to circumstances attributable to the client, the contractual work by deerns & jungs Design is deemed accepted upon use by the client. Otherwise, the contractual work is deemed completed no later than 14 days after delivery, provided the client does not request any rectification.
8.4 Acceptance cannot be refused on the grounds of personal taste (dislike).
8.5 Production will be supervised by Designstudio Hirsch Andreas upon request. If such an agreement exists, Designstudio Hirsch Andreas is authorized to make necessary decisions and issue instructions at its own discretion.
9. Website Content
9.1 The customer may not violate legal prohibitions, public decency, or the rights of third parties (name rights, copyrights, data protection rights, etc.) with the form, content, or intended purpose of their website.
9.2 Designstudio Hirsch Andreas is under no obligation to review the website in this regard. The customer expressly warrants that they will not publish any pornographic or unconstitutional content on their website.
9.3 Designstudio Hirsch Andreas assumes no liability for the correct display of the customer's website on the internet platform with regard to future browser and plug-in versions, unless Designstudio Hirsch Andreas can be proven to have acted with intent or gross negligence. Designstudio Hirsch Andreas is liable for indirect and consequential damages, as well as lost profits, only in cases of intent.
10. Retention of Title and Risk of Shipment
10.1 Only rights of use are granted for the designer's work; ownership rights are generally not transferred (see also 1.1).
10.2 The delivered product remains the property of Designstudio Hirsch Andreas until full payment of the agreed price. If the client defaults on payment, Designstudio Hirsch Andreas may, without prejudice to any other rights, repossess the delivered product to secure its rights. Designstudio Hirsch Andreas will notify the client of this beforehand and grant them a reasonable grace period to settle the outstanding invoice.
10.3 Designstudio Hirsch Andreas is not obligated to release computer-generated data or layouts to the client. If the client requests the release of computer data, this must be agreed upon separately and compensated accordingly. If Designstudio Hirsch Andreas has provided the client with computer data, this data may only be modified with our express prior consent.
11. Warranty and Limitation of Liability
11.1 Designstudio Hirsch Andreas undertakes to execute the order with the utmost care, in particular to handle any provided templates, films, displays, layouts, etc. with due diligence. Designstudio Hirsch Andreas is liable for damages only in cases of intent or gross negligence. Compensation exceeding the material value is excluded.
11.2 The customer must always document any defects that may occur in a meaningful manner. Errors must be reported in writing. The customer must provide Designstudio Hirsch Andreas with all possible assistance in remedying any defects.
11.3 The warranty does not cover defects caused by external influences, operating errors, or modifications, additions, attempts to rectify, or other manipulations not carried out by Designstudio Hirsch Andreas. Designstudio Hirsch Andreas is not liable for problems arising from faulty or future installations of server-side programs.
11.4 Designstudio Hirsch Andreas is liable only for damages caused by Designstudio Hirsch Andreas through gross negligence or intent, unless it concerns warranted characteristics. Designstudio Hirsch Andreas is liable for advice only to the extent that the question is expressly addressed in the offer. The aforementioned limitation of liability applies to both contractual and non-contractual claims.
11.5 Insofar as Designstudio Hirsch Andreas commissions third-party services on behalf of and at the expense of the client/user, Designstudio Hirsch Andreas is not liable for the services and work results of the commissioned service providers. Designstudio Hirsch Andreas undertakes to carefully select and instruct its subcontractors. Beyond this, Designstudio Hirsch Andreas is not liable for its subcontractors.
11.6 Designstudio Hirsch Andreas assumes no liability for the permissibility of the designs and other work under competition and trademark law; the same applies to their eligibility for protection.
11.7 By approving the work, the client/user assumes responsibility for the accuracy of the images and text. Designstudio Hirsch Andreas is not liable for any work released for reproduction by the client.
11.8 The client/user is responsible for approving production and publication. If the client/user delegates the approval, in whole or in part, to Designstudio Hirsch Andreas, they indemnify Designstudio Hirsch Andreas against any liability. Designstudio Hirsch Andreas is not liable for damages resulting from gross negligence or willful misconduct.
11.9 Data will be archived at Designstudio Hirsch Andreas for a maximum of two years without warranty.
12. Right of Termination
12.1 Both parties may terminate the contract at any time until full performance of the services. Designstudio Hirsch Andreas reserves the right to charge a cancellation fee for contract terminations/cancellations.
12.2 If the client terminates the contract, Designstudio Hirsch Andreas is entitled to demand the agreed remuneration for services already rendered.
12.3 If the client terminates the contract before completion, no rights of use are transferred to them. All idea sketches, concepts, wireframes, designs, objects, and other visualizations created by Designstudio Hirsch Andreas must be returned to Designstudio Hirsch Andreas immediately.
13. Proof Copies
13.1 For all reproduced works, the client shall provide Designstudio Hirsch Andreas with at least 10 flawless proof copies in the case of physical printed materials. Designstudio Hirsch Andreas may use these for its own promotional purposes. Other results produced within the scope of the commission may also be used for its own promotional purposes. Designstudio Hirsch Andreas reserves the right to publish the design work in an appropriate manner for its own promotional purposes (on its corporate website, in its own social media channels, and in printed form), specifically in specialist articles, books, competitions, on Instagram, Facebook, LinkedIn, or similar platforms.
13.2 Designstudio Hirsch Andreas must be mentioned as the author of the graphic concept/design/programming in the imprint of websites and printed materials.
14. Reference
14.1 Designstudio Hirsch Andreas has the right to list completed work and created designs as references on its website www.hirschandreas.de and to use them for its own advertising purposes in print and on its own social media channels, even after the client has acquired copyrights, without the client's specific consent.
15. Place of Performance
15.1 The place of performance and jurisdiction for both parties is the registered office of Designstudio Hirsch Andreas: Munich, Germany.
15.2 The law of the Federal Republic of Germany applies.
16. Amendments/Additions
16.1 Amendments and additions or the partial or complete cancellation of this contract require a countersigned written form.
16.2 Insofar as this general contract basis lacks a provision, the provisions of the Copyright Act and the Design Act apply.
16.3 The invalidity of one or more of the foregoing provisions shall not affect the validity of the remaining provisions. The invalid provision shall be replaced or supplemented by a valid provision whose economic and legal meaning comes as close as possible to that of the defective provision or which achieves the economic purpose pursued by it to the greatest extent possible.