General Terms of Business designonclick.com
§ 1 Area of Validity
(1) The present general terms of business (hereinafter referred to as GTB) apply to the use of the website designonclick.com of designenlassend.de - marketplace for creative services UG (limited liability) (hereinafter referred to as "designonclick.com").
(2) The user of the design briefing on the platform designonclick.com for publishing a design project for creative services shall be called Principal hereinafter. The user of the platform designonclick.com who participates in a design project by submitting a suggestion shall be called Designer hereinafter.
(3) Principals and Designers acknowledge the GTB by registering as a member.
(4) The present GTB shall exclusively apply to the relationship of designonclick.com to the Principal and Designer; GTB of the Principal and the Designer shall not apply even if Principal or Designer refer to them and it does not expressly contradict designonclick.com.
(5) If you act as a consumer in terms of the legal regulations, you may revoke your acceptance of the present GTB and license contract concluded thereby in writing within a month after your declaration of acceptance.
For this purpose, write to the address stated in the edition notice or send an email to designonclick.com.
To keep the terms it shall suffice that you send your revocation in time. If the revocation was declared in time, you shall be bound to neither the license contract nor your declaration of acceptance of the present GTB. However, the right to revocation expires as soon as you post a project on the website of designonclick.com.
§ 2 General Terms
(1) The web page designonclick.com brings together Designer and Principal in a straightforward way via the Internet. The website is a marketplace where Principals may tender design projects for creative services. The platform charges a fee for posting a project. The projects involve prize money for the winning design that the Principal shall pay to the Designer of the winning design. The Principal shall determine the amount of the prize money beforehand.
(2) Interested Designers may participate in a project by submitting design suggestions to the platform of designonclick.com. The suggestions shall be submitted only as previews and shall not yet be used by the Principal. By submitting a suggestion the Designer shall accept that in case of winning the tender the Designer shall grant the exclusive right to use the design without temporal and spatial limitations, including all known kinds of use (as well as a right to change and exploit transformations) and transfer the detailed data to the Principal.
(3) The platform designonclick.com shall not appear as a designer itself; it shall only function as a marketplace. designonclick.com itself shall not become a contractual partner to the contracts concluded exclusively by the Principal and the Designers. The fulfillment of contracts concluded on the platform designonclick.com shall take place exclusively between the Principal and the Designer. However, designonclick.com may tender its own projects for its own use. In that case designonclick.com shall become Principal and contractual partner.
(4) The Principal may determine a winner upon project termination. We expressly point out that the Principal does not have to determine a winner if all submitted projects are unsatisfactory to the Principal. After paying the agreed amount, the winner shall transfer the open and detailed data to the Principal and grant him the unlimited right to use the design including all known kinds of use and a right to change and exploit transformations; this process shall not be represented by the platform but it shall be performed individually by the Principal and the agent.
§ 3 Services of designonclick.com
(1) designonclick.com shall provide the Principal with a publication platform for launching a design project of creative services. The design project shall be published on the platform only if the Principal fills out the standard form of the design briefing in full. Beside the general conditions for the desired design results and the project period the Principal shall state the prize money for the winner of the design project in the standard form.
(2) Should the Principal not pay the fee according to the price table or not in time, designonclick.com shall be entitled to withhold service pursuant to Sec. 1 or to withdraw from the contract with with Principal and to cancel the Principal's membership upon ongoing default in spite of setting a deadline in advance.
(3) designonclick.com shall permit interested Designers to communicate with the Principal and to participate in a design project by uploading previews of design suggestions.
§ 4 Terms of Use at designonclick.com
In order to create a confidential basis for their cooperation the Principal and the Designer shall be obliged to comply with the following terms of use for using the platform designonclick.com:
(1) Mutual respect
designonclick.com is a huge community with many different members. Our members will never be of one mind; therefore, we ask them act friendly and respectful in contact with each other.
(2) Respect of intellectual property - pay before use
Every Designer applies his creative energy daily. Hence respect for the intellectual property of every Designer is of particular importance to us. A design shall not be used before it has been paid by the Principal! Until the transfer of the rights to use pursuant to Art. 7 Sec. 4 of the GTB the Designer shall be the bearer of copyrights and the right to use the works created by him including drafts submitted by him.
(3) Open and clear communication
Designers depend on feedback and Principals are glad about helpful hints and ideas. Do not hesitate to give clear and constructive feedback and take into consideration that comments are visible to other members as well. Try to formulate your comments as clearly and intelligibly as possible! Give descriptive examples!
(4) One project per design task
Do not make life more complicated than it is for yourself and the Designers. Although it is alluring to post a project each for a logo, a business card, and a website you will be heading for trouble in coordinating the projects. Keep projects simple and define them clearly!
(5) Fair prize money - immediate payment
Designers apply all of their knowledge to your project and they deserve fair prize money. Please define a reasonable amount for your project. You may refer to our recommendations in the briefing form. After completing a project we ask for immediate appointment of the winner and quick payment of the prize money.
§ 5 Responsibility for Contents
(1) The Principal and the Designers themselves shall be responsible for the contents published on the page. Contents published on the platform designonclick.com shall not be reviewed on principle and they do not represent the opinion of the website operator.
(2) designonclick.com shall not be responsible for the accuracy, quality, or integrity of the published contents.
(3) Principals and Designers shall exempt designonclick.com from all claims that third parties may make against designonclick.com based on contents submitted by members for publication. designonclick.com shall reserve the right to defend its rights against such claims. Members shall support designonclick.com in warding off such claims in particular by providing all information required for the defense. Members shall be obliged to compensate designonclick.com for damages caused by justified claims of third parties. This shall include expenses for prosecution.
(4) The Designer shall warrant that he is the personal author and the bearer of copyrights, rights to use, and all other possibly required rights to the draft offered by him on the website designonclick.com. When using stock images protected by copyrights or otherwise the Designer must inform the Principal that user fees must be paid.
(5) Unlawful and indecent contents should not be published, distributed, or made accessible through designonclick.com.
(6) designonclick.com shall categorically reserve the right to remove contents of any kind.
§ 6 Registration and Member Account
(1) Using designonclick.com requires registration; it is free of charge. With the registration, designonclick.com and the new member shall conclude a contract about the use of the website.
(2) Only legal persons, business partnerships, and natural person with legal capacity shall be permitted to register.
(3) Should the data of the membership account change, the member shall be obliged to update the information.
(4) Members shall select a password at registration. It should be kept strictly confidential. Members shall be obliged to inform designonclick.com immediately when there are indications that a membership account has been misused.
(5) Members shall be liable for all activities performed by using their member account.
(6) Member shall be permitted to open only one account with designonclick.com. The misuse of several accounts for instance in submitting offers and appointing winners shall be prohibited.
(7) A member account shall not be transferable.
§ 7 Contract of Use between Principal and Designer
(1) The Principal and the Designer appointed the winner by him shall conclude a contract of use for the suggestion of the winning Designer in exchange for the determined user fee (prize money).
(2) The winning Designer shall be obliged to charge the amount of the user fee (prize money) to the Principal's account in proper form.
(3) The Principal shall be obliged to pay the agreed user fee (prize money) to the Designer after receiving the bill. The payment shall be due ten days upon receipt of the bill at the very latest unless otherwise stated in the bill. The Principal shall not be permitted to use the design before paying the user fee (prize money).
(4) By receiving the payment of the user fee (prize money) the winning designer grants the Principal an exclusive right to use the design without temporal and spatial limitations including all known kinds of use and a rights to change and exploit transformations. The Designer shall be obliged to send the winning draft to the Principal in the file format as desired by the client.
§ 8 System Failure and Maintenance
(1) designonclick.com shall ensure that website of designonclick.com is permanently functional. Nevertheless, system failure may occur occasionally. We shall constantly develop our platform further and improve it. Scheduled and unscheduled maintenance works may occur at any time during which certain functions may not be available.
(2) Fee credits, offer extensions, or claims for damages shall not be granted in case of maintenance works and system failure.
§ 9 Liability of designonclick.com
(1) Unless otherwise expressly stipulated the following regulations shall apply equally to designonclick.com and its legal representatives, employees, and performing agents.
(2) The following limitations of liability shall equally apply to direct claims of members against legal representatives, employees, and performing agents of designonclick.com.
(3) designonclick.com shall be liable pursuant to the legal regulations
- to the extent provided by imperative legal regulations,
- for culpable injury to life, body, or health
- for intentionally caused damages,
- for wanton negligence as far as the member is a consumer,
- for serious organizational faults by designonclick.com.
(4) Incidentally designonclick.com shall be liable for property damages and financial losses in a limited amount
- for wanton negligence as far as the member is a contractor,
- for slightly negligent violation of essential contractual duties (cardinal duty)
for every event causing damages to the extent that damages are predictable under the typical contract. Damages of EUR 500.00 per individual case and max. EUR 1,000.00 per year shall represent predictable damages under the typical contract.
(5) Incidentally the liability of designonclick.com for property damages and financial losses shall be excluded. The liability of designonclick.com for consequential damages, indirect damages, or loss of profit shall be excluded.
§ 10 Sanction, Blocking, Cancellation
(1) designonclick.com may take the following measures if there are indication that a member has violated legal prescriptions, the rights of third parties, or the general terms of business or if fraudulent activities must be assumed:
- deletion of offers and all other contents
- Blocking of the member account
(2) If a member was blocked this member shall not be permitted to use the platform of designonclick.com through any membership account or to register again with a new account.
(3) Membership may be cancelled by the member or designonclick.com at any time.
§ 11 Data Protection, Email Dispatch
(1) Personal data shall be collected by designonclick.com during the registration process. Members may revoke their consent to storing and processing of personal information at any time in writing immediately effective.
(2) Personal data of members shall only be used by designonclick.com for internal purposes. Disclosure to third parties shall not occur.
(3) Members may view and update as needed the data in their account with designonclick.com at any time with their membership names and passwords.
(4) designonclick.com shall use cookies, i.e., data stored on your computer and accessible there, which facilitate individual use of Internet contents. The stored information support website functionality. Accepting cookies shall be required for using the web site.
(5) Information in the account and the profile on the designonclick.com are protected by a password so that only the member concerned has access to personal information. Members shall be obliged to keep the password strictly confidential and to change it immediately if they have reason to assume that unauthorized third parties have gained knowledge of the password. Disclosure of the password to third parties shall not be permitted. designonclick.com shall not ask members for passwords in emails. Members shall take all measures to prevent misuse of the password by third parties for instance by signing off from their account and closing the window of their Internet browser always before leaving the designonclick.com website; this applies in particular if you are using a PC at a public location.
(6) Changes of data protection guidelines are noted on the designonclick.com website.
(7) designonclick.com may send email messages to members in order to make them aware of new projects or changes to existing projects.
§ 12 Final Provisions
(1) Oral subsidiary agreements shall not apply. Changes and amendments to the contract of use between designonclick.com and a members as well as changes to or the suspension of this written form clause shall require written form to take effect.
(2) The GTB shall apply as in force at the time when the contract was concluded. designonclick.com shall be entitled to change or amend the GTB upon adequate and timely notice. In that case members shall have the right to contradict such changes or amendments. Should the member not contradict within a month after receipt of the notice the changed or amended GTB shall apply as of that time. Members shall be made aware of the changes as well as their option of contradiction on the website of designonclick.com.
(3) The laws of the Federal Republic of Germany shall apply. The place of jurisdiction shall be the place of business for designonclick.com if both parties are commercial agents.
(4) Should one or several of these regulations become fully or partly legally ineffective, the validity of the other regulations shall remain unaffected by this. The ineffective provisions shall be replaced retroactively by a provision whose contents are almost identical and which is as close as possible to the intended provision.
