§ 1 Scope
These General Terms and Conditions apply to all business relations, contracts, and services between Pixels Media e.K. (hereinafter referred to as "Contractor") and its customers (hereinafter referred to as "Client").
They apply to all services and works from the following areas:
- Graphic Design & Corporate Identity
- Advertising Technology & Illuminated Signs
- Lettering & Textile Finishing
- Promotional Items & Custom Solutions
- Exhibition Stand Construction & Restoration
- Web Design, Film & Audio Production
Conflicting or deviating terms of the client will not be recognized unless the contractor expressly agrees to their validity in writing.
§ 2 Conclusion of Contract & Scope of Services
Offers by the contractor are subject to change and non-binding. A contract only comes into effect upon written order confirmation or commencement of execution.
The scope of services results from the written job description. Subsequent changes requested by the client will be charged additionally.
Third-party services:
The contractor is entitled to commission third parties (e.g., subcontractors, print shops, voice actors) to fulfill the order.
§ 3 Client's Obligations to Cooperate
The client is obliged to deliver all data required for implementation (e.g., texts, logos, images, access data) promptly and in a processable format.
- Quality: If the client provides poor source material (e.g., low-resolution logos), the contractor is not liable for the resulting quality of the end product (e.g., pixelated print).
- Third-party rights: The client warrants that they own the rights to all provided documents. If the contractor is held liable for copyright infringements due to customer material, the client fully indemnifies the contractor from all claims.
§ 4 Processing of Supplied Material (Third-Party Material)
The processing of materials supplied by the client (so-called third-party material, e.g., textiles, films, vehicles, sign carriers) is generally declined. Processing takes place exclusively if this has been expressly approved in writing by an authorized decision-maker of the contractor.
If processing is approved, this is done at the sole risk of the contractor/client. The contractor assumes no warranty or guarantee for:
- The durability, adhesion, or condition of the supplied material.
- The work result (e.g., print quality, wrapping result), provided defects are due to the condition of the material.
- Damage to the material occurring during normal processing (e.g., heat damage during textile printing, tears in supplied films).
If damage to the contractor's machines or tools occurs due to the nature of the third-party material (e.g., hidden metal parts, unsuitable coatings), the client is fully liable for the repair or replacement costs. Any claim for compensation for the supplied material in the event of unsuccessful processing is excluded.
§ 5 Special Provisions: Advertising Technology, Illuminated Signs & Restoration
- Substrate: For installations (vehicle lettering, signs), the substrate (vehicle paint, facade) must be strictly free of dirt, wax, nano-sealants, and silicone. Extra effort for necessary cleaning will be invoiced separately.
- Electrical Systems & Illuminated Signs: All electrical systems are tested according to applicable VDE standards (e.g., DIN VDE 0701-0702 / DGUV Regulation 3) and handed over in working order. After defect-free acceptance, the obligation for regular safety-related periodic testing lies solely with the client as the operator.
- Restoration: When refurbishing historical or aged advertising systems, the contractor assumes no liability for unpredictable material failure (e.g., cracks, breakages, chemical reactions) of the aged base material during processing.
- Weather Reservation & Durability: Outdoor installation appointments are subject to suitable weather conditions. Information on the durability of films and prints refers to manufacturer specifications and assumes proper maintenance.
§ 6 Special Provisions: Textile Finishing, Promotional Items & Exhibition Construction
- Textile Finishing: Standard and technically unavoidable tolerances (color deviations, slight shrinkage during washing) do not constitute a defect. Any liability for damage caused by disregarding our care and washing instructions is excluded.
- Promotional Items: In the production of promotional merchandise, production-related over- or under-deliveries of up to 10% of the ordered quantity are customary in the industry and permissible. Billing is based on the quantity actually delivered.
- Exhibition Construction: The client must ensure that the structural and infrastructural requirements (esp. power connections and accessibility) are met at the installation site (exhibition stand) in a timely manner. The client is liable for damage or theft of rental and exhibition components by third parties (e.g., trade fair visitors) after handover.
§ 7 Special Provisions: Design, Web, Film & Audio
- Correction Rounds: Unless otherwise defined in the offer, exactly one correction round (revision phase) is included in the price. Author corrections (changes by the client to content already approved) will be charged based on time spent.
- Compatibility: Websites are optimized for modern browsers common at the time of completion. No liability is assumed for future browser updates or outdated systems.
§ 8 Acceptance
Upon completion of the work (e.g., website launch, finished film, installed sign), the client is obliged to accept it without delay.
Acceptance shall be deemed granted if the client does not object to major defects in writing within 7 days of handover or puts the work into use (e.g., puts the website online or picks up the vehicle).
§ 9 Copyright, Usage Rights & Acquisition of Rights (Buy-Out)
- Authorship: All works created by the contractor (e.g., logos, designs, websites, films, concepts) are protected by copyright. Copyright is non-transferable and remains fully with the contractor.
- Standard Usage Right: Upon full payment, the client receives the non-exclusive right to use the works for the contractually defined purpose. Any use going beyond this requires written consent.
- Extended Rights Acquisition & Open Data (Buy-Out): If the client desires comprehensive usage rights (e.g., exclusive, unrestricted rights) or the release of source data (e.g., InDesign, project data), they can acquire these for a separate fee (buy-out price).
- Transfer of Rights: The transfer of extended rights or open data only passes to the client upon full payment of the buy-out price.
- Self-Promotion: The contractor may use the created works for self-promotion (portfolio, social media) unless otherwise agreed.
- Third-Party Rights: Rights to third-party material (e.g., GEMA music, stock photos, voice actor licenses) cannot be transferred wholesale and are subject to the license terms of the respective creators.
§ 10 Warranty & Liability
- Approval: By approving drafts, the client assumes responsibility for the correctness of text and image. The contractor is not liable for overlooked spelling or logic errors after approval.
- Limitation of Liability: The contractor is only liable for intent and gross negligence. Liability for lost profits or consequential damages is excluded.
- Deadlines: The warranty period for analog non-print products is 12 months from delivery. Claims presuppose that the client has fully fulfilled their obligations to cooperate.
§ 11 Terms of Payment & Cash Discount
Payment Term:
Invoices are payable within 14 days of receipt without deduction, unless otherwise agreed. Until full payment, all delivered goods and transferred usage rights remain the property of the contractor; any use of the works (e.g., design, film) is prohibited in the event of payment default.
Cash Discount Regulation:
If the client pays the invoice amount within 10 days of the invoice date, they are entitled to deduct a 3% cash discount from the invoice amount. This cash discount deduction is generally permissible and valid even if it was not explicitly stated on the respective invoice – unless the cash discount deduction was expressly excluded on the invoice.
§ 12 Offers, Cost Estimates & Preliminary Work
Cost Estimates:
Cost estimates are generally prepared free of charge by the contractor. Price deviations from the later invoice amount within the legally permissible tolerance limits remain reserved.
Offers:
In contrast to non-binding cost estimates, the preparation of binding, detailed offers is generally subject to a charge, as they often require increased time, planning, or design preliminary effort. This applies unless an authorized decision-maker of the contractor has expressly specified otherwise for the individual order. Fees charged for the preparation of an offer will not be offset against the final invoice in the event of an order placement.
Remuneration of Drafts & Visualizations:
Insofar as the client desires design services (drafts, sketches, photomontages) or these are technically necessary (e.g., preparation of faulty print data, vectorizations), these are chargeable, independent services.
- This applies pursuant to § 632 Abs. 1 BGB even if no explicit price agreement was made.
- Unless there is a deviating agreement, an hourly rate of 50.00 Euros (incl. statutory VAT) is deemed agreed as customary remuneration.
- The obligation to pay exists even if it does not lead to the main contract subsequently. No right of use is granted in this case; the use of the ideas by third parties is prohibited.
§ 13 Data Protection
The contractor processes personal data in accordance with statutory regulations (GDPR). Further information can be found in our privacy policy:
§ 14 Pixels Media Special Clause
We take our work and our quality extremely seriously. But even in everyday business, you must not forget the important things. Therefore, this official special clause applies:
If the client brings a board game of their choice to a personal consultation appointment on our premises and wins a fair match against the CEO, they will receive a voucher worth 25.00 Euros. This voucher can be applied to the current or a future order. Legal recourse is naturally excluded – may the better person win!
§ 15 Final Provisions & Severability Clause
The law of the Federal Republic of Germany shall apply. Place of jurisdiction for all disputes is the registered office of Pixels Media e.K. (Stühlingen), provided the client is a merchant or a legal entity under public law.
Should one or more provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by one that comes closest to the economic purpose.