Terms and Conditions

1. Scope of Application

1.1. These General Terms and Conditions (GTC) apply exclusively to all contracts concluded between MWIMMERDESIGN and the Client. Any terms and conditions that conflict with or deviate from these GTC shall not become part of the contract unless MWIMMERDESIGN has expressly agreed to their validity in writing.

1.2. All agreements made between MWIMMERDESIGN and the Client for the purpose of executing this contract are set forth in writing in this contract.
2. Copyright Protection; Rights of Use; Self-Promotion

2.1. The commission awarded to MWIMMERDESIGN constitutes a contract for the creation of a copyrighted work. The subject matter of the contract is the creation of the commissioned work and the granting of rights of use to that work. The provisions of the law governing contracts for work and services and the Copyright Act apply.

2. Copyright Protection; Rights of Use; Self-Promotion

2.2. All work produced by MWIMMERDESIGN, including, in particular, drafts, final artwork, and the commissioned work as a whole, are protected as personal intellectual creations under the Copyright Act; the provisions of this Act are deemed to have been agreed upon even if the requirements for a copyright-protected work—in particular regarding the necessary level of creativity (Section 2(2) of the Copyright Act)—are not met.

2.3. Without the consent of MWIMMERDESIGN, its work and the final product—including the copyright notice—may not be altered, either in the original or in any reproduction. Any imitation of the work or parts thereof, as well as any preparatory work related thereto, is prohibited.

2.4. MWIMMERDESIGN’s works may only be used for the agreed-upon type of use, for the agreed-upon purpose, and to the agreed-upon extent. In the absence of an express written agreement, the purpose of the contract shall be deemed to be only the purpose specified by the client when the order was placed.

2.5. MWIMMERDESIGN grants the client the rights of use necessary for the respective intended purpose (Section 2.4). For this purpose, a non-exclusive right of use is granted, unless MWIMMERDESIGN and the client expressly agree otherwise. The rights of use are granted only upon full payment of the fee.

2.6. The transfer of granted rights of use to third parties requires the prior written consent of MWIMMERDESIGN.

2.7. Unless otherwise agreed, MWIMMERDESIGN must be named as the author in connection with the reproduction, distribution, exhibition, publications regarding the work, and/or public display of the designs, final artwork, and the work itself. If the client violates the right to be named as the author, MWIMMERDESIGN may demand, in addition to the fee owed for the design services, a contractual penalty equal to 100% of the agreed-upon fee for such use or, in the absence of an agreement, the reasonable and customary fee for such use. This does not affect MWIMMERDESIGN’s right to claim higher damages upon a specific calculation of damages.

2.8. Suggestions, instructions, and ideas provided by the client for technical, design-related, or other reasons, as well as the client’s other contributions, shall have no effect on the fee and shall not give rise to any co-authorship rights, unless otherwise expressly agreed in writing.

2.9. The client is not authorized, without the prior written consent of MWIMMERDESIGN, to apply for registration of formal intellectual property rights—such as design patents, trademarks, etc.—with respect to MWIMMERDESIGN’s drafts, final artwork, or other work.

2.10. MWIMMERDESIGN retains the right to use the works created in fulfillment of the order, or parts thereof, as well as designs and other work, for its own promotional purposes in any medium (e.g., on its own website, in a portfolio, etc.) and to reference its work for the client.

3. Fees; Due Date

3.1. Unless otherwise expressly agreed between the Client and MWIMMERDESIGN, the fee shall be calculated in accordance with the fee recommendations of the BDG – Berufsverband der Deutschen Kommunikationsdesigner e.V. (Professional Association of German Communication Designers), Mohrenstraße 63, 10117 Berlin.

3.2. The preparation of drafts is always subject to a fee, unless expressly agreed otherwise in writing.

3.3. Fees are due upon delivery of the work. If the work is created and delivered in parts, the corresponding partial fee is due upon delivery of each part. Unless expressly agreed otherwise in writing, a partial fee amounting to at least half of the total fee is due upon the first partial delivery. If the execution of an order extends over a longer period of time, MWIMMERDESIGN may demand installment payments commensurate with the work performed.

3.4. All fees are net amounts, payable plus applicable sales tax, without deduction, within two weeks of the due date.

4. Additional Services; Incidental and Travel Expenses

4.1. Unless otherwise agreed in writing, additional services—such as research, the revision or modification of drafts, the creation and submission of additional drafts, the modification of working drawings, and other additional services (author’s corrections, production supervision, and the like)—shall be billed separately based on the time spent.

4.2. Technical incidental costs incurred in connection with the design work or the execution of the design (e.g., for models, interim reproductions, layout typesetting, etc.) shall be reimbursed by the client.

4.3. The client shall reimburse MWIMMERDESIGN for the costs and expenses of travel that are necessary, following prior consultation, for the performance and fulfillment of the order or the use of the works.

4.4. Payment for additional services is due upon their completion. Incurred incidental expenses must be reimbursed as they arise. Fees and incidental expenses are net amounts, to which the applicable value-added tax must be added.

5. Third-Party Services

5.1. MWIMMERDESIGN shall award contracts for third-party services necessary for the fulfillment of the order or the use of the works to the extent specified in the contract, acting in the name and on behalf of the Client. The Client is obligated to grant MWIMMERDESIGN the appropriate written power of attorney for this purpose.

5.2. To the extent that MWIMMERDESIGN, at the Client’s request, contracts for third-party services in its own name and for its own account in individual cases, the Client is obligated to pay a reasonable advance for the anticipated costs. The Client shall indemnify MWIMMERDESIGN, in their internal relationship, against all liabilities, in particular all costs, arising from the conclusion of the contract.

6. Client’s Cooperation; Creative Freedom; Source Materials

6.1. The client is obligated to provide MWIMMERDESIGN with all documents necessary for the fulfillment of the order in a timely manner and to the agreed extent. This applies in particular to texts, photos, logos, graphics, videos, music, etc. MWIMMERDESIGN shall not be held responsible for any delays in the execution of the order resulting from the late or incomplete delivery of such materials.

6.2. The Client warrants that it is authorized to use all materials it provides to MWIMMERDESIGN. The client is furthermore solely responsible for the accuracy and completeness of the materials provided by the client. Should the client not be authorized to use such materials, or should the source materials not be free of third-party rights, the client shall indemnify MWIMMERDESIGN against all claims for damages by third parties in their internal relationship.

6.3. MWIMMERDESIGN has creative freedom within the scope of the contract. To this extent, complaints regarding the artistic design of the drafts and the final work are excluded. Any additional costs for changes requested by the Client during or after production shall be borne by the Client.

7. Data Delivery and Handling

7.1. MWIMMERDESIGN is not obligated to provide the Client with design data or other data (e.g., content data, screen designs, drafts, etc.) or data storage media created in fulfillment of the order. If the Client requests the handover of data or files, this must be agreed upon separately and compensated by the Client.

7.2. If MWIMMERDESIGN makes files or data available to the Client, these may only be used to the agreed extent. Modifications or changes to the files or data may only be made with the consent of MWIMMERDESIGN.

Information on Data Processing Pursuant to Articles 13 and 14 of the GDPR

Name and Contact Information of the Data Controller

This privacy policy applies to data processing by:

MWIMMERDESIGN/Matthias Wimmer

Data Controller:
Matthias Wimmer
Pettenkoferstraße 10a
80336 Munich
Phone: +49 89 543286570
Email: wimmer@mwimmerdesign.de

Collection and Storage of Personal Data, as well as the Nature, Purpose, and Use of Such Data

When you contact us or engage our services, we process the following data:

  • Title, first name, last name,
  • email address,
  • mailing address,
  • phone number (landline and/or cell phone)
  • information necessary for offering or providing our services,
  • image, video, and audio files you have provided.

This data is collected

  • to identify you as a prospective client or customer,
  • to respond to your inquiries, advise you, and perform or produce the services or work you have requested,
  • to correspond with you,
  • for billing purposes.

Data processing is carried out at your request or at the request of your employer and is necessary, pursuant to Article 6(1)(b) of the GDPR, for the fulfillment of contractual and pre-contractual obligations for the purposes stated.

3. Retention Period and Deletion

The personal data we collect will be deleted as soon as it is no longer necessary for the purpose for which it was processed, unless we are required to retain it for a longer period pursuant to Article 6(1), sentence 1, subparagraph (c) of the GDPR due to retention and documentation obligations under tax and commercial law (under the German Commercial Code (HGB), the German Criminal Code (StGB), or the German Fiscal Code (AO)), or unless you have consented to further storage pursuant to Article 6(1), sentence 1, letter a of the GDPR.

4. Disclosure of Data to Third Parties

Your personal data will not be disclosed to third parties for purposes other than those listed below.

To the extent that this is necessary under Article 6(1)(b) of the GDPR for the fulfillment of contractual relationships with you, your personal data will be disclosed to third parties. This includes, in particular, disclosure to external service providers necessary for the fulfillment of your order (e.g., printing companies, IT service providers, tax advisors). Where necessary, we have entered into appropriate data processing agreements with our service providers. The data disclosed may be used by the third party exclusively for the stated purposes.

Data will not be transferred to a third country outside the EU/EEA, and no such transfer is currently planned.

5. Data Subject Rights

You have the right:

  • pursuant to Article 7(3) of the GDPR, to withdraw your consent at any time. As a result, we may no longer continue processing the data based on that consent in the future,
  • pursuant to Article 15 of the GDPR, to request information about your personal data that we process. In particular, you may request information regarding the purposes of processing, the categories of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned retention period, the existence of a right to rectification, erasure, restriction of processing, or objection; the existence of a right to lodge a complaint; the origin of your data, if it was not collected by us; as well as information regarding the existence of automated decision-making, including profiling, and, where applicable, meaningful information regarding its details;
  • pursuant to Art. 16 of the GDPR, to request without delay the rectification of inaccurate personal data or the completion of your personal data stored by us;
  • pursuant to Art. 17 of the GDPR, to request the erasure of your personal data stored by us, provided that the personal data in question is no longer necessary, is being processed unlawfully, or consent for such processing has been revoked. The exceptions to this right as set forth in § 35 BDSG apply.
  • to request, pursuant to Article 18 of the GDPR, the restriction of the processing of your personal data if you contest the accuracy of the data, if the processing is unlawful but you oppose its erasure and we no longer need the data, but you need it to assert, exercise, or defend legal claims, or if you have objected to the processing pursuant to Article 21 of the GDPR;
  • pursuant to Article 20 of the GDPR, to receive the personal data you have provided to us in a structured, commonly used, and machine-readable format, or to request that it be transmitted to another controller; and
  • pursuant to Article 77 of the GDPR, to lodge a complaint with a supervisory authority.

The address of the competent supervisory authority is:
Bavarian State Office for Data Protection Supervision,
P.O. Box 606, 91511 Ansbach

Existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR

No automated decision-making takes place.