General Terms of Business designonclick.com for clients
§ 1 Field of Application, Definitions
(1) These General Terms and Conditions (hereinafter referred to as "GTC") are an integral part of every contract between designenlassen.de - Marktplatz für Kreativdienstleistungen GmbH, Pretzfelder Str. 7-11, 90425 Nuremberg, Germany (hereinafter referred to as " designonclick.com") and the Client.
(2) The Client who wishes to order work services, e.g. design and or programming services via the website www.designonclick.com (hereinafter referred to as "Platform") is called "Client".
(3) "Service provider" is hereinafter referred to as the user of the platform who, for example, participates as a designer or programmer in a project by submitting a proposal or offers a logo for sale in the logo store.
(4) The services of designonclick.com are only available to entrepreneurs (§ 14 BGB).
(5) The "design project" is any creative service advertised by the client to which service providers can apply by providing "work results" or "works".
(6) designonclick.com acquires the rights of use to the work results selected by the client for the creative services advertised via the platform, insofar as the service provider is the owner of the exclusive rights of use to a work. designonclick.com acquires these rights of use from the service providers in accordance with the provisions of these GTC and sells them to the client in its own name and for its own account. Thus, there is no contractual relationship between the client and the service provider. This does not apply if the work results are not free of third party rights. The service provider is obliged to refer to the existence of third-party rights of use in the description text of his work results and to clarify with the client in this regard whether and which rights of use can be acquired from third parties.
§ 2 Services, Conclusion of a Contract
(1) designonclick.com offers the following services:
- Tendering of design projects as competition (§ 3 "Design Competitions")
- Sale of logo designs in the Logo Shop (§ 5 "Logo Shop")
- Tendering of design projects as part of the 1to1-projects (§ 6 "1to1-projects").
(2) The contract between designonclick.com and the client becomes effective with the creation of the member account.
(3) There is no entitlement to membership. The membership is not transferable. Only one membership account may be set up per person.
(4) When registering as a member, the Customer must provide the required information completely and truthfully. The client must enter any changes in the member area without delay, but no later than two weeks after the change occurs.
(5) designonclick.com may advertise with the client as a reference and use the respective name and design in all media for this purpose. Excluded from this are projects with a confidentiality agreement.
§ 3 Design competitions
(1) Design projects can be advertised as design competitions via the platform.
(2) Service providers may submit proposals for the announced design competitions.
The submitted proposals are drafts and can only be used by the Client once it has selected a winner.
(3) The announcement of a design competition on the platform is subject to a fee. designonclick.com charges the Client a fee in accordance with the separately agreed remuneration rules.
(4) The design competition shall be published on the platform only once all the following conditions have been met:
- The client has completely filled out the standard form of the design briefing. In addition to the general conditions of the desired service result and the term of the design competition, the client has also indicated therein the fee that he is obligated to pay to designonclick.com for the transfer of the rights of use to the design.
- designonclick.com has agreed to the specified fee for the transfer of the Rights of Use.
- The Client has paid all fees.
(5) The announcement of a design competition cannot be changed or withdrawn by the client in its basic theme and the service selected for it during the competition period specified by the client. Minor updates regarding content information and requirements within the briefing to the designers are permitted.
(6) After the expiration of the competition, one service provider may be selected by the Client as the winner (hereinafter referred to as: "Winner"). The Client shall select the Service Provider whose work result it liked best in the Design Competition and which it wishes to purchase. Upon selection of the winner, the Client shall be obligated to pay the agreed remuneration to designonclick.com and shall receive in return the detailed data as well as the rights of use to the design (with the exception of competitions to find a name: in this case, there shall be no transfer of rights of use, cf. § 7 para. 2).
If the Client does not like any of the proposals submitted by the Service Providers, it shall not be obliged to select a winner. In this case, there shall also be no transfer of the fine data and the rights of use. Upon request, the Client will receive back the prize money awarded within the framework of the regulation under §4, but not the associated fees. (cf. §4 Prize Money Back Guarantee). This provision expressly does not apply if the Client has selected the "guaranteed prize money" option for his project.
(7) Once the Client has selected the Winner, the Winner shall provide the Client with the fine data and all information regarding the rights to use the Work. If the Work contains third party rights, the Winner shall consult with the Client about this. The client checks the data and accepts the work. If the client does not accept the work, it shall be deemed accepted 10 days after transmission of the fine data. The work shall also be deemed accepted if and as soon as the Client uses it or allows it to be used.
(8) If the Client has activated the "guaranteed prize money" option, the Client shall be obliged to determine a winner after the end of the project term. Irrespective of the determination of a winner, the client is obliged to pay the fee agreed upon for the transfer of rights to designonclick.com. If the client does not determine a winner within 30 days of the end of the project term, designonclick.com will pay an expense allowance to be determined in accordance with the separately agreed compensation rules in equal shares to all service providers participating in the project.
§ 4 Prize money-back guarantee
(1) If the Client does not like any of the proposals submitted by the Service Providers, the Client is not obliged to select a winner. In this case, the Client may request a refund of the prize money awarded, but not of the associated fees.
(2) The client is entitled to a refund of the prize money 60 days after the start of the competition period. Excluded from this rule are design contests where the client has selected the option "guaranteed prize money".
§ 5 Logo Shop
(1) In the designonclick.com Logo Shop, Service Providers can offer their own logo designs online at a fixed price.
(2) The Client may view the logos offered in the Logo Shop and obtain information about the service providers offering them.
(3) If the Client decides to purchase a logo, the Client is obligated to pay designonclick.com an amount determined in accordance with the separately agreed upon rules of remuneration for the transfer of the rights of use to designonclick.com.
(4) The service provider still inserts the client's desired lettering into the logo design; this service is already compensated for with the fee for use. If the Client wishes to make further changes (e.g. color changes, design changes) in addition to integrating his own company name into the logo, this shall be subject to a direct order to be coordinated separately between the Client and the Service Provider. The more extensive changes are to be remunerated according to an individual agreement between the Client and the Service Provider.
(5) If the Client has selected a logo, the Service Provider shall send the Client the detailed data for the logo. The Client shall check the data and accept the logo. If the Client does not express any correction requests in writing, but no acceptance takes place, the logo shall be deemed accepted 10 days after the transmission of the detailed data. The logo shall also be deemed to have been accepted if and as soon as the Client uses it or allows it to be used.
§ 6 1to1-projects
(1) By means of invitations to tender and requests for quotations for the 1to1 project, Clients can invite tenders for services via designonclick.com, compare service providers, submit contract offers and evaluate service providers.
(2) The platform charges the Client a fee for this, which is determined separately in accordance with the remuneration rules.
(3) Clients may publish an invitation to tender or requests for proposals for the 1to1 project on the platform by describing the task, term and asking price. Service providers can then submit offers at a fixed price.
(4) If the client decides to use a service provided by a service provider, the client is obligated to pay designonclick.com the fixed price for transferring the rights of use to designonclick.com.
(5) If the Client has selected a service, the Service Provider will send the Client the detailed data for the service. The Client checks the data and accepts the service. If the Client does not express any correction requests in writing, but no acceptance takes place, the service shall be deemed to have been accepted 10 days after the transmission of the high-resolution data. The service shall also be deemed to have been accepted if and as soon as the Client uses it or allows it to be used.
§ 7 Transfer of the Rights of Use
(1) Upon acceptance of the design, logo or service and payment of the agreed remuneration, designonclick.com grants the Client the rights of use to the respective work. The granting of rights is subject to the condition precedent that designonclick.com has itself effectively transferred the rights of use to the respective work from the service provider. The Client shall receive a separate "license" for the transfer of the rights of use.
(2) In the case of the "Naming" project category, no rights are granted to the winning proposal. It is the sole responsibility of the client to check whether the name violates the rights of third parties, in particular trademark law.
(3) Within the framework of the contract of use, designonclick.com grants the client the rights of use necessary for the execution of the contract exclusively, spatially and temporally unrestricted, in particular all rights of use and exploitation within the meaning of the German Copyright Act (UrhG) as well as all other rights for the reproduction, distribution, transmission, duplication and making available of its design, logo or service. In particular, the Client is granted the right to make the designs, logos and/or services accessible to third parties, to make them available to third parties and to make them available for use - regardless of whether they can access and use the content offline (time-shifted or simultaneously) or online, whether they can access the content at locations and times of their choice or not, and whether the content is freely accessible or only accessible under certain conditions.
§ 8 Obligations of Conduct
(1) The Customer undertakes to refrain from depictions of violence, sexual or pornographic or discriminatory content or depictions with regard to race, gender, religion, nationality, disability, sexual orientation or age.
(2) The Client undertakes to observe the applicable laws. Only projects and design proposals whose content does not violate the applicable law of the Federal Republic of Germany and morality may be presented on the platform. The obligation to check this is the sole responsibility of the client. Nevertheless, designonclick.com is authorized to examine the content of the Client's projects and, if necessary, to remove them from the platform if it is suspected that a project or competition violates these obligations of conduct.
(3) The client guarantees that it will not store or forward any data that could damage the technical infrastructure and operating procedures of designonclick.com (e.g. viruses, Trojans, etc.).
(4) During the term of this contract, the contracting parties are not permitted to make direct or indirect agreements with one another, conclude contracts on the projects presented, or conduct negotiations with one another outside of the communication function provided by designonclick.com.
(5) The client undertakes to treat the access data selected for the member area confidentially, not to disclose it to any third party and to store it in such a way that third parties cannot gain knowledge of it. No third party may use the member area via these access data. If there is reason to suspect that third parties have knowledge of the access data, designonclick.com must be informed immediately in writing or by e-mail at [email protected]
§ 9 designonclick.com Liability
(1) designonclick.com will make the usual effort in the Internet industry to ensure that the platform remains available 24 hours a day, if possible. Excluded from this are interruptions that are customary for necessary maintenance measures or are the fault of third parties not affiliated with designonclick.com. Should the platform nevertheless be unavailable, designonclick.com will make immediate efforts to restore availability within the scope of its possibilities.
(2) designonclick.com is not liable for force majeure and for events beyond the control of designonclick.com (e.g. acts of nature, war, viruses, pandemics). designonclick.com is therefore not liable for the resulting interruption or destruction of data. It is the responsibility of the contract partner to make appropriate backup copies.
(3) The liability of designonclick.com for its own or third-party content presented on the platform is governed by the statutory provisions pursuant to §§ 7 et seq. of the German Telemedia Act (TMG). Telemedia Act (TMG).
(4) With regard to the project category "Finding a name", designonclick.com is not liable if the suggestions violate the rights of third parties, in particular trademark law.
(5) designonclick.com is only liable for damages other than those resulting from injury to life, limb and health insofar as these are based on intentional or grossly negligent actions or on culpable violation of an essential contractual obligation by designonclick.com, its employees or its vicarious agents. This also applies to damages resulting from the violation of obligations during contract negotiations as well as from the performance of tortious acts. Any further liability for damages is excluded.
(6) Except in the case of intentional or grossly negligent conduct, the breach of a cardinal obligation or injury to life, limb or health by designonclick.com, its employees or its vicarious agents, liability is limited to damages typically foreseeable at the time of the conclusion of the contract and otherwise limited to the amount of average damages typical for the contract.
(7) The provisions of the Product Liability Act remain unaffected.
§ 10 Client Liability
(1) The client is liable to designonclick.com in particular for the content presented by him on its platform.
(2) The client indemnifies designonclick.com from all claims for damages, liability claims and any costs incurred by designonclick.com as a result of a claim being made against designonclick.com, e.g. if content presented by the client violates the law or offends common decency.
§ 11 Blocking, Termination
(1) designonclick.com may take the following measures if there are indications that a contractual partner is violating legal regulations, the rights of third parties or the General Terms and Conditions or if fraudulent activities must be assumed:
- Deletion of projects, design proposals and all other contents
- Blocking the member account
(2) In the event of blocking, the contractual partner may no longer use the platform, even with other member accounts, or register again with a new account.
(3) The contract is concluded for an indefinite period of time and may be terminated by designonclick.com and the contractual partners at any time.
(4) Termination by a contractual partner can only be made in writing.
(5) designonclick.com is entitled to an extraordinary special right of termination for good cause. Good cause shall be deemed to exist in particular if the Client fails to comply with the provisions of § 8 "Obligations of conduct". Claims for damages and contractual penalties shall remain unaffected by this.
(6) Contracts that designonclick.com concludes with the Client for the transfer of rights of use up to the time of termination will be processed after receipt of the notice of termination.
§ 12 Alterations
(1) designonclick.com is entitled to amend the General Terms and Conditions of Business for good cause, in particular in the event of changes in the law, changes in case law or changes in economic circumstances, and will give two weeks' notice of such amendments. They will be transmitted by e-mail.
(2) If no express written objection is made within four weeks of receipt of the e-mail, the new General Terms and Conditions shall be deemed accepted.
(3) If an express written objection is made, the contractual relationship shall be deemed terminated within the meaning of § 11 (5).
§ 13 Final Provisions
(1) Verbal collateral agreements do not exist. Changes and additions to this contract must be made in writing to be effective. Employees of designonclick.com are not entitled to make oral amendments and additions or to give oral assurances.
(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(3) If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, or does not have a general place of jurisdiction in Germany, or moves his place of residence abroad after conclusion of the contract, or his place of residence is unknown at the time the action is brought, the place of performance and the place of jurisdiction for disputes arising from our contract shall be Nuremberg.
(4) Should one or more provisions of these terms and conditions be legally invalid in whole or in part, this shall not affect the validity of the remaining provisions. The ineffective provisions shall be replaced retroactively by a provision with the same content as far as possible, which comes closest to the purpose of the intended provision.
Our GTC apply with regard to the technical terms in the original German version and the translation serves only for better understanding.