NOTE: These terms and conditions were automatically translated. 

1 General

1.1 The following General Terms and Conditions apply to all contracts for services between NH Buchdesign and the client, regardless of the client’s own terms and conditions. The terms and conditions of NH Buchdesign apply.

1.2 The client’s general terms and conditions do not apply.

1.3 Deviations from the terms listed here are only valid with the express written consent of NH Buchdesign.

2 Copyright and Usage

2.1 Copyright & Usage Rights: When an order is placed with NH Buchdesign, it constitutes a contract for the creation of a copyrighted work. This means that the copyright remains with NH Buchdesign. Only a simple usage right is granted unless otherwise agreed. (Example: It is not permitted to use an eBook cover for other printed materials—posters, pens, etc. Explicit permission from NH Buchdesign is required for this. The transfer to third parties (e.g., if the cover is to be used by a publisher) must be agreed upon in writing.)

2.2 Legality: Ensuring compliance with competition law is not within the scope of NH Buchdesign’s responsibilities, nor is the examination of the trademark or other legal protection and usability of the works. Such research is the responsibility of the client.

2.3 Drafts: All drafts are subject to copyright law. This means that drafts may not be used, altered, or passed on to third parties. This also applies if the required conditions for protection, such as the so-called level of creativity, are not met in an individual case. Imitation, even of parts, is not permitted. If this business condition is violated, NH Buchdesign is entitled to demand a contractual penalty of 100% of the agreed fee in addition to the fee already owed. If no clear amount for the fee has been established, the average of the stated price range will be considered the fee amount.

2.4 Usage: The (simple) usage rights are only transferred to the client after full payment of the fee specified by NH Buchdesign. Graphics and texts may not be used before this unless expressly permitted by NH Buchdesign. Drafts and final results may only be used within the agreed scope (temporal, spatial, and content). Violations, i.e., unauthorized or unagreed usage of NH Buchdesign’s copyrighted works, entitle NH Buchdesign to demand a contractual penalty of 100% in addition to the fee already owed for the extended use.

2.5 Imprint Obligation: NH Buchdesign must be credited as the author on all copies. This applies to all types of contributions to the project (cover, book layout, editing, proofreading, etc.). If this requirement is violated, NH Buchdesign is entitled to demand a contractual penalty of 100% of the agreed fee in addition to the fee already owed.

3 Processing and Ownership

3.1 Ownership: Only usage rights are granted for drafts and final results, not ownership.

3.2 Editable Files: NH Buchdesign does not provide the client with editable design files (PSD, etc.) to prevent alterations to the copyrighted work. This is only permitted in exceptional cases. If the files are damaged or altered, the client must cover the costs necessary to restore the originals.

4 Compensation

4.1 Included in the Price: Drafts and final results, along with the granting of usage rights, constitute a unified service. Even if not explicitly described on the invoice, the fee includes the simple usage right (unless otherwise agreed). Usage rights cannot be deducted if a contract is prematurely terminated. Nevertheless, the entire amount is payable. Prices are subject to statutory VAT.

4.2 Additional Usage: If NH Buchdesign’s work (graphics, texts) is reused or used to a greater extent than originally intended, additional compensation for the extended usage must be paid, as determined by NH Buchdesign.

4.3 Participation: Suggestions and instructions from the client or their employees, whether for technical, design, or other reasons, do not affect the compensation and do not establish co-authorship.

4.4 Use of Third-Party Graphics: There is an option to use graphics (e.g., in cover design) that were not purchased by NH Buchdesign. However, it is not within NH Buchdesign’s responsibility to verify rights and permissions. This responsibility lies solely with the client. Additionally, the source of the used graphics must be credited in the imprint.

4.5 Other Tasks: The creation of drafts and all other activities performed by NH Buchdesign for the client are subject to fees unless otherwise explicitly agreed.

5 Payment and Acceptance

5.1 Acceptance: Acceptance cannot be refused for design or artistic reasons. There is creative freedom within the scope of the order.

5.2 Payment: Payment must be made within the timeframe specified by NH Buchdesign without deductions.

5.3 Delay: If payment is not received within the specified time, NH Buchdesign has the right to charge interest on arrears at a rate of eight percent above the base rate of the European Central Bank per annum. The assertion of a higher proven damage remains reserved.

6 Special Services, Ancillary, and Travel Expenses

6.1 Third-Party Services: To complete the order, it may be necessary to use third-party services (purchasing graphics or fonts). These are ordered by NH Buchdesign after prior consultation, and the client will be invoiced for the effort. The licenses for the purchased products remain with NH Buchdesign.

6.2 Other Expenses: Other necessary costs (software costs, licenses, etc.) are to be paid by the client. This applies particularly to the creation of models, photos, interim prints, reproductions, typesetting, and printing, etc.

6.3 Additional Costs: Travel expenses and per diem for travel, as well as international phone calls related to the order and agreed upon with the client, are to be reimbursed by the client.

7 Vouchers

7.1 Vouchers are valid for one-time use and cannot be redeemed after the expiration date.

7.2 They cannot be combined with other discounts.

8 Quality Assurance

8.1 Acceptance: NH Buchdesign submits the final result to the client for approval. Once approved by the client, the order is considered complete. Subsequent changes to the product (graphic, text) must be compensated by the client. By accepting the final product (graphic, text), the client assumes responsibility for the printing.

8.2 Complimentary Copy: NH Buchdesign is entitled to at least one complimentary copy of all reproduced works. This applies to every area of work (cover, book layout, editing, etc.) and every edition (softcover, hardcover, etc.).

8.3 Promotional Use: The client agrees that the final result and all work created in fulfillment of the contract may be used for self-promotion in all media.

9 Liability

9.1 Damage: NH Buchdesign is only liable for damages, e.g., to provided templates, layouts, etc., in cases of intent and gross negligence, except for damages resulting from injury to life, body, or health; for such damages, NH Buchdesign is also liable in cases of slight negligence. Otherwise, NH Buchdesign is only liable for slight negligence if an obligation is breached whose fulfillment is essential to achieving the purpose of the contract (cardinal obligation).

9.2 Orders for Third Parties: If NH Buchdesign acts as an intermediary (for orders placed by third parties), no liability is assumed towards the client.

9.3 Acceptance: By approving results, the client assumes responsibility for the technical and functional correctness of the product, text, and image. NH Buchdesign assumes no liability for this.

9.4 Legality: As described in section 2.2, NH Buchdesign is not liable for the competitive and trademark law legality and registrability of the designs and other works.

9.5 Defects: Complaints about obvious defects must be made in writing within 14 days of delivery of the work.

9.7 Service Provider: If third-party services are used by NH Buchdesign on behalf of the client, no liability is assumed for the results of the service provider’s work.

9.8 Data Loss: NH Buchdesign assumes no liability for data loss due to force majeure or file corruption. In case of loss, changes to a project (graphic, text) may be declined, or reproduction may be charged according to effort, in consultation with the client.

9.9 Material: Unless otherwise agreed, NH Buchdesign uses images from http://www.shutterstock.com for the design of orders. The provider’s simple standard license is purchased. The client is responsible for complying with the Shutterstock Standard License terms. The graphic designer is not liable for compliance with the Shutterstock Standard License.

10 Project Process

10.1 Creative Freedom: There is creative freedom within the scope of the order. Complaints regarding artistic design are excluded. If the client requests changes during or after production, they must bear the additional costs incurred.

10.2 Delays by the Client: If the execution of the order is delayed for reasons attributable to the client, NH Buchdesign may request an appropriate increase in compensation. In cases of intent or gross negligence, NH Buchdesign may also claim damages. The right to claim further damages for delay remains unaffected.

10.3 Third-Party Material: The client assures that they are entitled to use all templates provided. Otherwise, the client indemnifies NH Buchdesign against all claims by third parties.

11 Contract Termination

11.1 Early Termination: If the client terminates the contract during the ongoing order, NH Buchdesign will receive the agreed fee but must offset saved expenses or replacement orders carried out or maliciously omitted. The parties agree on a flat rate for the services and expenses incurred up to the termination. The client retains the right to prove actually lower services or higher expenses.

11.2 Graphic Orders: In case of termination of graphic orders before work begins, 10% of the agreed fee is due. Additionally,