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/designenlassen.de of designenlassen.de - marketplace for creative services UG (limited liability) and for the Logo Shop (hereinafter referred to as "designonclick.com").

(2) The Provider as referred to in the following shall be a user of the platform www.designonclick.com who participates in a project by submitting a proposal, who offers a logo for sale in the Logo Shop or who tenders a bid on a direct contract.

(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 information on procedures for design projects

(1) The web page designonclick.com brings together designers and principals in a straightforward way via the Internet. The website is a marketplace where principals may tender design projects for creative services. Design competitions may invite tenders for creative services. The platform charges a fee for setting up a competition based on the rules on remuneration, which fee shall be deducted from service credits to be cashed in each case. Competitions are associated with prize money for the winning design. The prize money consists of the equivalent number of service credits. The Principal sets the level of prize money and/or service credit in advance. The amount of fees, the relevant code for the allocation of prize money to designers and the handling of payouts are revealed by the rules on remuneration.

(2) The publication of the design competition on the platform will only take place if:

(3) 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 proposal, the designer accepts the License Agreement and - in the event of winning - agrees to transfer all rights of use for his design to the Principal, pursuant to the License Agreement, and to hand over high-resolution image data to the Principal.

(4) 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.

(5) Following expiry of the competition deadline, the client may designate a winning bidder. Upon establishing the winning designer, the client shall conclude the License Agreement therewith. We would specifically refer to the fact that, in the event of failing to identify a satisfactory bid, it is not compulsory to designate a winner, and as a result no License Agreement shall be concluded with any designer! After receiving prize money, the winning bidder shall hand over outstanding high-resolution image data to the client, pursuant to the rules on remuneration, and based on the concluded License Agreement.

(6) If the client has activated the "guaranteed prize money" option, he must elect a winner and pay out the prize money at the end of the project, hereby waiving the prize money-back guarantee. If he fails to elect a winner within 30 days of the end of the project, the prize money will be distributed evenly among all participating designers.

§ 3 License agreement for design projects between the principal and service provider

(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) By participating in the competition, bidding designers accept the License Agreement with the content displayed at designonclick.com; by designating a winning bidder, Principals declare their consent to concluding a relevant License Agreement with the winning designer.

(3) No License Agreement shall be executed with designonclick.com as contractual partner in any case, unless designonclick.com runs a design competition itself and is therefore deemed to be the Principal.

(4) For projects without a confidentiality agreement (standard) the principal and the service provider shall grant designonclick.com a temporally and spatially unrestricted non-exclusive right to use all content posted, which entitles designonclick.com at any time to publish that content online on designonclick.com and use it as reference or use it in other media for marketing purposes.

§ 4 General information on the procedure for invitations to tender and requests for proposal for direct contracts

(1) Through invitations to tender and requests for proposal for direct contracts, customers can invite tenders for services through designenlassen.de, compare service providers, submit contract proposals and rate service providers. The platform charges a fee for this, in accordance with remuneration regulations, which is deducted from the service credits to be redeemed.

(2) Customers can publish an invitation to tender or requests for proposal for a direct contract on the platform by describing the type of task, the timeframe and their price expectations. Service providers can then submit bids.

(3) The negotiation of prices and scope of services and the conclusion of contracts is entirely up to the customer and the service provider. A contract is concluded when the customer selects a service provider’s offer via the platform and the service provider confirms the acceptance of the contract via the platform.

(4) The customer and the service provider will receive an e-mail confirmation of the conclusion of the contract as soon as the service provider accepts the customer’s contract proposal.

(5) After the contract is concluded, the customer must pay the agreed remuneration in advance to designenlassen.de.

(6) After the conclusion of the contract has been confirmed by the customer, the remuneration will be credited to the service provider’s credit account.

§ 5 General information on procedures for the Logo Shop

(1) Service providers can offer their own logo designs for sale online in the designonclick.com Logo Shop. designonclick.com functions hereby as an intermediary between the principal and the service provider. A brokering fee will be charged for this purpose. The license agreement for the logo design is exclusively between the principal and the service provider.

(2) Upon payment of the fee, the service provider shall make available to the principal the design offered by him exclusively under the following conditions.

(3) The designonclick.com platform functions strictly as a marketplace. designonclick.com itself shall not become a contractual party to the contract, which is concluded solely between the principal and the service provider. The fulfillment of contracts concluded via the designonclick.com platform is also exclusively between the principal and the service provider.

(4) The contract is concluded by a contract offer from the service provider, which contains a proposed design in the Logo Shop of designonclick.com for a specified fixed price (license fee), and acceptance of contract by the principal on confirmation of the Terms and payment of the shop fee and the usage fee.

(5) The principal and the service provider will receive an e-mail confirming the contract as soon as the principal has accepted the contract offer from the service provider.

(6) On receiving notification, the service provider shall present the principal with a draft in the file format desired by the principal.

(7) The service provider shall incorporate the desired Customer logo into the logo design; payment for this service has been covered by the user fee.

(8) The principal is obliged to notify designonclick.com of the receipt of the high-resolution data without delay. As soon as the principal has confirmed to designonclick.com the receipt of the high-resolution data, the fixed price stated in the offer (user fee) will be credited to the service credits of the service provider.

(9) If the principal would like further changes (e.g. change in color or design), in addition to the integration of its own company name into the logo, this is to be agreed on in a separate service contract between the principal and the service provider. The further changes are to be paid by individual agreement between the principal and the service provider.

§ 6 designonclick.com service credits

(1) Members of designonclick.com are entitled to purchase at any time any number of service credits from designonclick.com at the rates stipulated in the fee regulations. The service credits obtained serve the members both as liquid assets for payment of the fee due to designonclick.com and as prize money for the service provider or for holding a design competition; the allocation formula shall be derived from the applicable fee regulations.

(2) Specific details regarding the procedure for acquiring service credits, as well as the activation of service credits towards designonclick.com, shall be derived from the respective current fee regulations. designonclick.com is not an escrow service and maintains no funds in trust for members or for third parties. All amounts are administered in designonclick.com credits.

(3) If the customer does not buy the required number of service credits or not in proper time before the publication of a design competition, and yet redeems these with the publication of a design competition, designonclick.com is entitled to withhold the service under paragraph 1 or, after persistent default and despite the previous setting of a deadline, to withdraw from the contract with the principal and to cancel the principal's membership.

(4) designonclick.com credits expire after 12 months of inactivity (no change of the account balance) in the credit account of the user. It is recommended that credits be cashed in promptly.

§ 7 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
Each designer uses his creative energy on an everyday level. Our respect for the intellectual property of each designer is therefore especially important. The design may not be employed before prize money has been paid out for a design, or the relevant number of service credits has been transferred to the winning designer! Until the rights of use and copyright are transferred based on the License Agreement, the designer is the holder of rights of use and copyright for works created by him, and for any drafts submitted.

(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 allowing designonclick.com to grant prize money (service credits) to designers in accordance with the allocation code in the rules on remuneration.

§ 8 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.

§ 9 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.

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(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.

(8) Members may not abort any project in order to separately enter into negotiations or conclude a License Agreement with a participating designer, for the purpose of avoiding paying fees to designonclick.com.

§ 10 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) Service credit entries, offer extensions, or claims for damages shall not be granted in case of maintenance works and system failure.

§ 11 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

(4) Incidentally designonclick.com shall be liable for property damages and financial losses in a limited amount

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.

§ 12 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:

(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.

(4) In the event of blocking or terminating a member account, designonclick.com shall make immediate payment of service credits granted to this member's account. Details conform to the relevant effective rules on remuneration.

§ 13 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.

§ 14 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.