1. Scope and Extent of the Assignment
1.1 Anna-Maria Frotschnig, hereinafter referred to as the "Service Provider," provides her services exclusively based on the following General Terms and Conditions. These terms also apply to all future business relationships.
1.2 Deviations from these terms and any other supplementary agreements with the customer are only effective if confirmed in writing by the Service Provider.
1.3 Any terms and conditions of the customer are not accepted unless explicitly agreed otherwise in writing.
1.4 If individual provisions of these General Terms and Conditions are ineffective, this does not affect the validity of the remaining provisions and the contracts concluded on their basis. The ineffective provision is to be replaced by an effective one that comes closest to its meaning and purpose.
1.5 The offers of the Service Provider are non-binding.
1.6 To establish clear terms of the assignment, the parties define the scope and extent of the assignment in a performance description as detailed as possible.
2. Execution and Delivery Deadlines
2.1 Precise agreements regarding the deadline for completing the assignment or deliveries must be made depending on the scope of the assignment.
2.2 The services commissioned are considered completed upon the customer's written confirmation of the handover of the work.
2.3 The contractually agreed delivery time begins on the day the Service Provider accepts the assignment, provided all necessary work documents have been provided by the customer. The agreed delivery dates are generally to be adhered to. In the event of damage caused by the Service Provider, excluding intent or gross negligence, any liability is limited to the amount of the invoice for the agreed assignment.
3. Remuneration for Preliminary Designs
3.1 The invitation from the customer to create a preliminary design or presentation is considered an order to provide a defined scope of services, establishing an entitlement to remuneration for the presentation. The amount of the fee depends on the respective agreement. If the amount of the fee is not agreed upon during the invitation, the effort will be invoiced based on time and the hourly rate agreed in section 9.1.
3.2 All services of the Service Provider are subject to payment, and it is not permitted for the Service Provider to submit concepts or design proposals free of charge.
3.3 The invitation from the customer to create a presentation with preliminary designs is considered an order to provide a defined scope of services and a declaration of intent by the customer to award a contract for the desired work in full. The amount of the presentation fee is freely negotiable, potentially encompassing half of the design fee according to the fee guidelines in case of doubt. The presentation order is considered issued, accepted, and fulfilled through the presentation.
3.4 If a customer of a presentation competition awards either no contract at all or only a significantly reduced one to the Service Provider or another competitor after the presentation, the Service Provider is entitled to the full design fee instead of the reduced presentation fee.
3.5 The presentation fee does not include the granting of rights. The contents and proposals of a presentation are protected by copyright.
4. Copyright Provisions and Usage Rights
4.1 The legal copyright of the service provider to their works is indispensable unless otherwise agreed in writing.
4.2 The client is obligated to ensure that the services of the service provider are used only for the agreed purpose of the assignment.
4.3 The granted usage rights to the customer may only be transferred to third parties, whether for consideration or free of charge, with the explicit consent of the service provider as the author. For further, exceeding usage, consultation with the author is generally required.
4.4 The customer is only authorized to use the copyrighted services in the agreed manner after proper payment of the agreed fee.
4.5 Copyright-protected services must not be altered in the original or during reproduction without the author's permission. Imitations of any kind are impermissible.
4.6 The original design drafts remain the property of the author and can be reclaimed after their use. Archiving and its duration are subject to agreement.
4.7 If copyright-protected services of the service provider are used beyond the agreed form, purpose, and scope, the customer is obligated to pay an additional reasonable fee for this. This also applies in the case of a reissue of a printed work.
4.8 For copyright-protected services of the service provider, the usage fees are divided into two parts: firstly, as a fee for the original development, and secondly, as compensation for the unlimited transfer of usage rights (copyright).
4.9 If the remuneration for the unrestricted transfer of all usage rights is not explicitly determined at the time of contract conclusion, the agreed fee generally represents compensation for the development of the commissioned services.
4.10 The service provider is entitled to affix their company name, including the associated corporate design, in an appropriate size on each object they design and execute.
4.11 The service provider is entitled to use the work as a reference project on their own website, unless otherwise agreed.
5. Confidentiality Obligation
5.1 The service provider treats all internal processes and information received during their work with and for the client strictly confidentially; in particular, documents related to assignments are only disclosed to third parties with the explicit consent of the client.
5.2 The service provider is responsible for ensuring that their employees and staff adhere to these principles; they guarantee compliance with these standards.
6. Right of Withdrawal
6.1 In the event of exceeding an agreed delivery time solely due to the fault of the service provider, the client has the right to withdraw from the contract by registered letter if, even within a reasonable grace period, the agreed-upon service is not provided in substantial parts without the client's fault.
6.2 Force majeure, labor disputes, natural disasters, and transport restrictions release the service provider from the obligation to deliver or allow for a postponement of the agreed delivery period.
6.3 Cancellations by the client are only possible with the written consent of the service provider. In the event of a cancellation, the service provider has the right to charge an appropriate cancellation fee in addition to the services already provided and incurred costs.
7. Place and Time of Performance
7.1 Unless otherwise agreed, the service provider performs its services at its place of business.
7.2 The contractually agreed delivery time is generally to be adhered to by the service provider. In the case of a delivery delay attributable to the service provider, including any grace period, the service provider is obligated to compensate for proven damages in accordance with legal provisions.
8. Fees and Payment Conditions
8.1 As compensation for the provision of its services, the service provider is entitled to payment of a reasonable fee by the client.
8.2 The total fee is typically composed, according to the fee guidelines of the service providers (non-binding association recommendation according to § 32 Antitrust Act), of the following factors:
- Conceptualization (preliminary design, conceptual problem-solving approach, sketches, scribbles, presentation of design work, etc.)
- Design elaboration (layout, samples, calculation, etc.)
- Type of use of the work (copyright, usage fee)Additional services (models, procurement of project-specific information, production supervision, etc.)
- Surcharges to the fee (services outside of regular working hours and outside Norway)
- Incidental costs (travel expenses, telephone costs, etc.)External services
8.3 Invoices issued by the service provider, including value-added tax, are payable under the agreed conditions without any deductions and free of charges. In case of payment default, default interest will be charged at the customary banking rate. For partial invoices, the payment conditions established for the overall contract apply.
8.4 In the case of orders comprising multiple units or work steps, the contractor is entitled to invoice after the delivery of each individual unit or service.
8.5 The client is not entitled to withhold payments due to incomplete overall performance, warranty or guarantee claims, or objections.
9. Fee Amount
9.1 Unless otherwise agreed in writing, the hourly fee rate is € 100,– or NOK 1200,–
9.2 The total fee includes the fee components for design, usage, execution, as well as additional services and incidental costs, plus statutory value-added tax.
9.3 The total fee is payable without deduction and is due at the latest upon the service provider's offered handover of the work. If the commissioned work is made available for handover in parts, the corresponding fee components and incidental costs are due at these respective times. In case of payment default, default interest of 1% per month is agreed upon from the due date. If the client is in default of payment for a due amount, the service provider is not obligated to provide further services until the outstanding amount is settled.
9.4 The client is not entitled to set off claims against fee claims or withhold payments due to objections.
10. Liability and Warranty
10.1 The service provider is obligated to execute the orders entrusted to them carefully and professionally, taking into account all the interests of the client. They are liable for damages only in cases where intent or gross negligence can be proven, within the framework of legal regulations.
10.2 The client, in turn, is responsible for providing the service provider with the necessary documents and information for the creation of the service in a timely manner.
10.3 Claims for damages can only be asserted in court within six months after the injured party or parties became aware of the damage—limited to the areas covered by the service provider.
10.4 If the activity is carried out with the involvement of a third party, and the client is notified of this, warranty and liability claims arising from the law and the conditions of the third party are considered assigned to the client.
10.5 The client is entitled to the free rectification of defects, provided that these are attributable to the service provider and have been reported promptly upon discovery. This entitlement expires six months after the provision of the contested service by the service provider.
10.6 In the event of failures in the rectification of any defects, the client is entitled to a reduction, or if the provided service is rightfully of no interest to the client due to the failure of rectification, the right to rescission.
12. Applicable Law
The contract and all mutually derived rights, obligations, and claims between the service provider and the client are governed by Norwegian substantive law.
13. Place of Performance and Legal Venue
13.1 The place of performance is the registered office of the service provider. In the case of shipping, the risk is transferred to the customer as soon as the service provider has handed over the goods to the chosen carrier.
13.2 As the legal venue for all legal disputes arising between the service provider and the customer in connection with this contractual relationship, the court having jurisdiction over the registered office of the service provider is agreed upon. Nevertheless, the service provider is entitled to sue the customer at its general place of jurisdiction.
