1. Preamble
The main activity of GUTFRAU involves the development of visual brand and corporate communication, and thus managing various projects, which may include tasks ranging from name creation to the development of comprehensive communication measures.

2. Scope
2.1 These General Terms and Conditions (hereinafter: GTC) apply to all contracts between GUTFRAU, Saalgasse 14, 60311 Frankfurt am Main, represented by the owner Paula Gutmann (hereinafter: GUTFRAU) and an entrepreneur (hereinafter: client).
2.2 The inclusion of any opposing terms and conditions of the client is expressly rejected unless their validity is expressly agreed upon in a written special agreement. If individual contractual agreements are made between GUTFRAU and the client, they generally take precedence over the provisions of these GTC.

3. Scope of Services and Assignment
3.1 The specific scope of services to be provided by GUTFRAU arises from the respective order of the client or is based on a cost estimate (hereinafter: KVA).
3.2 If a KVA is prepared by GUTFRAU, the prices listed there are subject to the condition that the specifications and data underlying the KVA remain unchanged.
3.3 The assignment is usually confirmed in writing.

4. Client Cooperation
4.1 The client shall provide GUTFRAU with all necessary information, statements, and experiences to the best of their knowledge to ensure the proper provision of the agreed services by GUTFRAU and support it to ensure a smooth workflow.
4.2 The client is obligated to designate one or more authorized persons who can make binding declarations on behalf of the client in connection with the provision of services.
4.3 The client is responsible for the completeness and accuracy of the information and documents provided. If the client realizes that the information they have provided is incomplete or incorrect, they must inform GUTFRAU immediately.
4.4 If necessary for the proper execution of the agreed services, the client must provide suitable employees with the required expertise to assist in the execution of the assignment.
4.5 The client bears the costs for any cooperation efforts.
4.6 If the client fails to cooperate after being requested to do so by GUTFRAU, or if this is not done fully, GUTFRAU is entitled to terminate the contract without notice after setting a reasonable deadline and providing written notice. In such cases, the client must pay for the partial services rendered up to the time of termination.

5. Fees and Payment Terms
5.1 The prices quoted by GUTFRAU are net prices and do not include the applicable statutory VAT.
5.2 GUTFRAU invoices the services provided upon delivery of the work. The corresponding invoices are due for payment within 14 days without deduction. In the case of partial service agreements, GUTFRAU reserves the right to invoice partial services. This also applies to services provided over a longer period. GUTFRAU further reserves the right to request an appropriate advance payment, regardless of the order volume.
5.3 The work results delivered by GUTFRAU remain the property of GUTFRAU until all invoices related to the order are fully settled. This also applies to the granting of usage and exploitation rights.

6. Additional Services and Incidental Costs
6.1 Any third-party costs incurred for content such as images, graphics, videos, texts, fonts, or external web applications purchased by GUTFRAU are not included in the agreed fee. GUTFRAU reserves the right to invoice third-party costs separately in consultation with the client during the project.
6.2 If additional services and changes occur that deviate from the agreed scope, these will be calculated separately in consultation with the client and invoiced accordingly.

7. Third-Party Services
7.1 The client authorizes GUTFRAU to award the necessary third-party services for the fulfillment of the contract in the name and on behalf of the client to suppliers. If GUTFRAU awards third-party services in its own name and on its own account, the client indemnifies GUTFRAU from liabilities arising from this.
7.2 Unless the client has expressly reserved the right to have a say, the selection of suppliers is made with consideration of the principle of balanced economy and the best possible result.


8. Production
In principle, GUTFRAU does not monitor the production of printed materials. However, if this is part of the contract, GUTFRAU is entitled to make necessary decisions in the interest of the client and optimize the print result at its discretion and give appropriate instructions.


9. Delivery Dates
Delivery dates are considered agreed upon if confirmed in writing by GUTFRAU.


10. Intellectual Property
10.1 All copyrights and other intellectual property rights to the services provided by GUTFRAU remain with GUTFRAU unless otherwise agreed in individual contracts.
10.2 The client receives a time-limited right of use to the provided content. The client's use is limited to their own business and solely for the purpose of fulfilling the underlying contract.
10.3 The services provided may not be used for any purpose beyond the contract and, in particular, may not be made available to third parties for use.
10.4 Any involvement of the client in the work results does not establish any co-authorship.


11. Liability
11.1 GUTFRAU is fully liable for damages resulting from intentional or negligent injury to life, body, or health, as well as for other damages caused by intent or gross negligence on the part of GUTFRAU or its legal representatives or agents.
11.2 Unless GUTFRAU is fully liable under the provisions of the first paragraph, in the event of a breach of essential contractual obligations due to simple negligence, GUTFRAU's liability for damages or reimbursement of expenses is limited to foreseeable damage typical for the contract. Essential contractual obligations are those whose fulfillment makes the proper execution of the respective agreements possible and on whose fulfillment the client regularly relies and may rely (cardinal obligations).
11.3 Any further liability of GUTFRAU is excluded.
11.4 GUTFRAU is liable to the same extent for the fault of its agents and representatives.
11.5 There is no liability for the achievement of a specific result unless there are special and express written agreements between the contracting parties.
11.6 GUTFRAU's liability is excluded if the damage is due to incomplete or incorrect information, data, or documents provided by the client.


12. Publication and Sample Copies
Unless otherwise stipulated in individual contracts, GUTFRAU is entitled to publish projects for advertising purposes on its website and social media. If available, the client generally provides 3 sample copies of duplicated printed materials. GUTFRAU may also use these for self-promotion.


13. Loyalty and Confidentiality Obligation
GUTFRAU commits to an objective, goal-oriented working method aligned with the client's objectives. All trade secrets of the client that become known to GUTFRAU in the course of the collaboration will be treated with the care of a prudent merchant, and all related information and documents will be treated confidentially.


14. Artist Social Security Contribution
For artistic third-party services within the meaning of the Artists' Social Insurance Act that GUTFRAU commissions to fulfill the order, GUTFRAU pays the statutory contributions to the Artists' Social Insurance Fund and passes on chargeable services to the client.


15. Alternative Dispute Resolution
15.1 The EU Commission provides an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr. This platform serves for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
15.2 GUTFRAU is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. The offer from GUTFRAU is exclusively directed at entrepreneurs.


16. Final Provisions
16.1 Contracts between GUTFRAU and the client are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Where permissible, the court of jurisdiction shall be Frankfurt am Main.
16.2 If the client does not have a general place of jurisdiction in Germany or another EU member state, the place of jurisdiction for disputes arising from this contract shall be the location of GUTFRAU.
16.3 If any individual provisions of these GTC become invalid, the remaining contract components remain unaffected, and the contracting parties shall agree on a replacement provision that comes as close as possible to the economic purpose of the invalid clause.