§ 1 Scope
These terms and conditions apply to all business relationships, contracts and services between Pixels Media e.K. (hereinafter “Contractor”) and its customers (hereinafter “Client”).
They apply to all services and works in the following areas:
- Graphic design & corporate identity
- Advertising technology & illuminated signs
- Lettering & textile printing
- Promotional products & custom solutions
- Exhibition stands & restoration
- Web design, film & audio production
Conflicting or deviating terms of the Client are not recognised unless the Contractor expressly agrees to their validity in writing.
§ 2 Conclusion of Contract & Scope of Services
The Contractor's offers are subject to change and non-binding. A contract is only concluded by written order confirmation or by commencement of work.
The scope of services is defined by the written order 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-over artists) to fulfil the order.
§ 3 Client's Obligations to Cooperate
The Client is obliged to provide all data required for implementation (e.g. texts, logos, images, login details) promptly and in a usable format.
- Quality: If the Client supplies 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 it holds the rights to all documents supplied. Should the Contractor be held liable for copyright infringements caused by customer material, the Client shall fully indemnify the Contractor against all claims.
§ 4 Processing of Client-Supplied Material
The processing of materials supplied by the Client (so-called client-supplied material, e.g. textiles, films, vehicles, sign substrates) is generally declined. Processing only takes place if this has been expressly approved in writing by an authorised decision-maker of the Contractor.
If processing is approved, it is carried out at the sole risk of the Client. The Contractor assumes no warranty or guarantee for:
- The durability, adhesion or condition of the supplied material.
- The result of the work (e.g. print quality, wrapping result) if defects are attributable to the condition of the material.
- Damage to the material occurring during normal processing (e.g. heat damage during textile printing, cracks in supplied films).
Should the condition of the client-supplied material (e.g. hidden metal parts, unsuitable coatings) cause damage to the Contractor's machines or tools, the Client shall be fully liable for the repair or replacement costs. Any claim for replacement of the supplied material if processing fails is excluded.
§ 5 Special Provisions: Advertising Technology, Illuminated Signs & Restoration
- Substrate: For installations (vehicle lettering, signs), the substrate (vehicle paint, façade) must be free of dirt, wax, nano-coatings and silicone. Additional effort for necessary cleaning will be invoiced separately.
- Electrical installations & illuminated signs: All electrical installations are tested in accordance with the applicable VDE standards (e.g. DIN VDE 0701-0702 / DGUV Regulation 3) and handed over in working order. After defect-free acceptance, the obligation to carry out regular periodic safety inspections lies solely with the Client as the operator.
- Restoration: When refurbishing historic or aged sign systems, the Contractor assumes no liability for unforeseeable material failure (e.g. cracks, breaks, chemical reactions) of the aged base material during processing.
- Weather conditions & durability: Outdoor installation appointments are subject to suitable weather conditions. Information on the durability of films and prints is based on manufacturer specifications and requires proper care.
§ 6 Special Provisions: Textile Printing, Promotional Products & Exhibition Stands
- Textile printing: Customary and technically unavoidable tolerances (colour deviations, slight shrinkage when washing) do not constitute a defect. Any liability for damage caused by failure to follow our care and washing instructions is excluded.
- Promotional products: In the production of promotional items, production-related over- or under-deliveries of up to 10% of the ordered quantity are customary in the industry and permissible. The quantity actually delivered will be invoiced.
- Exhibition stands: The Client must ensure that the structural and infrastructural requirements (in particular power connections and accessibility) are in place at the installation site (exhibition stand) in good time. The Client is liable for damage to or theft of rented and stand components by third parties (e.g. visitors) after handover.
§ 7 Special Provisions: Design, Web, Film & Audio
- Revision rounds: Unless otherwise defined in the offer, exactly one round of revisions is included in the price. Author's corrections (changes by the Client to content already approved) will be charged on a time basis.
- Compatibility: Websites are optimised for the common modern browsers at the time of completion. No liability is accepted 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 is deemed to have taken place if the Client does not give written notice of material defects within 7 days of handover or puts the work into use (e.g. puts the website online or collects the vehicle).
§ 9 Copyright, Rights of Use & 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 not transferable and remains fully with the Contractor.
- Standard right of use: Upon full payment, the Client receives the non-exclusive right to use the works for the contractually defined purpose. Any use beyond this requires written consent.
- Extended rights & open files (buy-out): If the Client wishes to obtain comprehensive rights of use (e.g. exclusive, unrestricted rights) or the release of source files (e.g. InDesign, project files), these can be acquired for a separate fee (buy-out price).
- Transfer of rights: Extended rights or open files only pass to the Client upon full payment of the buy-out price.
- Self-promotion: The Contractor may use the works created for self-promotion (portfolio, social media) unless otherwise agreed.
- Third-party rights: Rights to third-party material (e.g. GEMA-licensed music, stock photos, voice-over licences) cannot be transferred wholesale and are subject to the licence terms of the respective rights holders.
§ 10 Warranty & Liability
- Approval: By approving drafts, the Client assumes responsibility for the correctness of text and images. The Contractor is not liable for spelling or logic errors overlooked after approval.
- Limitation of liability: The Contractor is only liable for intent and gross negligence. No liability is accepted for loss of profit or consequential damage.
- Periods: The warranty period for physical non-print products is 12 months from delivery. Claims require that the Client has fully met its obligations to cooperate.
§ 11 Terms of Payment & Early Payment Discount
Payment term:
Unless otherwise agreed, invoices are payable within 14 days of receipt without deduction. Until full payment has been made, all goods delivered and rights of use granted remain the property of the Contractor; use of the works (e.g. design, film) is prohibited in the event of late payment.
Early payment discount:
If the Client pays the invoice amount within 10 days of the invoice date, it is entitled to deduct a discount of 3% of the invoice amount. This discount is generally permissible and valid even if it is not explicitly stated on the respective invoice – unless the discount has been expressly excluded on the invoice.
§ 12 Offers, Cost Estimates & Preliminary Work
Cost estimates:
Cost estimates are generally prepared by the Contractor free of charge. Price deviations from the subsequent invoice amount within the legally permissible tolerance limits are reserved.
Offers:
Unlike non-binding cost estimates, the preparation of binding, detailed offers is generally subject to a fee, as they often require increased preliminary effort in terms of time, planning or design. This applies unless an authorised decision-maker of the Contractor has expressly determined otherwise for the individual order. Fees charged for preparing an offer will not be credited against the final invoice if the order is placed.
Remuneration for drafts & visualisations:
Insofar as the Client requests design services (drafts, sketches, photomontages) or these are technically necessary (e.g. preparation of faulty print data, vectorisation), these are separate services subject to remuneration.
- In accordance with Section 632 (1) of the German Civil Code, this also applies if no express price agreement has been made.
- Unless otherwise agreed, an hourly rate of EUR 50.00 (incl. statutory VAT) is deemed agreed as the customary remuneration.
- The obligation to pay also applies if no main order follows. In this case, no right of use is granted; use of the ideas by third parties is prohibited.
§ 13 Data Protection
The Contractor processes personal data in accordance with the statutory provisions (GDPR). For more information, please refer to our privacy policy:
§ 14 Pixels Media Special Clause
We take our work and our quality extremely seriously. But even in everyday business, you shouldn't forget the important things. That's why this official special clause applies:
If the Client brings a board game of their choice to a personal meeting at our premises and wins a fair game against the management, they will receive a voucher worth EUR 25.00. This voucher can be credited against the current or a future order. Recourse to the courts is of course excluded – may the best player win!
§ 15 Final Provisions & Severability Clause
The law of the Federal Republic of Germany applies. The 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 its economic purpose.