General terms and conditions
§ 1 Scope
These General Terms and Conditions shall apply exclusively to legal relationships with our customers. They shall also apply to all offers, deliveries and services in the widest sense and also to all contracts concluded with us. A customer’s terms and conditions that deviate from our General Terms and Conditions shall not be part of the present contract, irrespective of whether we are aware of them or not. Agreements that deviate from these General Terms and Conditions shall require our written confirmation before they become applicable. If the customer is an entrepreneur in the sense of § 14 of the German Civil Code, the provisions of § 310 para. 1, clauses 1 and 2 of the German Civil Code shall apply without prejudice.

§ 2 Copyright protection and usage rights
1. The subject of the contract is specified in the orders submitted by us and accepted by the customer. As a rule, the subject is the performance of the work specified in the order and the granting of usage rights to this work. In this respect, the customer is referred to the provisions of the German Work and Services Contract Act, including the provisions of § 651 of the German Civil Code and the German Copyright Act.
2. The work of the agency shall be protected for the agency as a personal intellectual creation under the German Copyright Act. The provisions of the Copyright Act shall be deemed to be agreed, even if the required level of originality according to § 2 of the Copyright Act has not yet been achieved.
3. If the customer wishes to alter the work of the agency, including the copyright holder designation, either in the original or in a reproduction, the written consent of ps move on shall be obtained before the aforementioned measures are initiated. The undertaking of the aforementioned measures shall be permissible only with written consent. Any imitation of the work in whole or in part is and shall remain impermissible.
4. The works of the agency may be used only when the customer has made the contractually agreed payment. Moreover, the work of the agency may be used only for the agreed type of use and purpose within the agreed scope. Failing an express agreement, the purpose of the contract shall be the purpose clearly specified by the customer when awarding the contract. If the purpose was not clearly specified when awarding the contract, the agency has the right to determine the type of use and purpose. The type of use and purpose must, however, be suitable for the customer. The onus shall be on the customer to demonstrate non-suitability.
5. Repeat use, such as for reprints, or multiple use, for another product, for example, shall be subject to a separate fee. They shall require the written consent of the agency. The provisions of § 632 para. 2 of the German Civil Code shall thereby remain unaffected. In such cases, the payment would normally be equivalent to that for granting a license.
6. The customer may transfer usage rights granted to it to third parties, only with the prior consent of the agency. ps move on may make this consent conditional on a separate payment being made for the transfer of usage rights to third parties.
7. At the request of the agency, the customer shall be obliged to provide information to the agency on the scope and nature of the usage and give an account of it.

§ 3 Payment
1. Under the terms of the contract, the agency shall provide draft design, final artwork, implementation, and programming, as well as grant usage rights.
2. These services shall follow from the individual cost estimates.
3. Payment shall be due to the agency, even if the customer does not exercise the usage rights..
4. The customer shall be aware that ps move on does not generally undertake work free of charge. Neither can the customer expect this. This shall also apply to a request for draft designs. If draft designs are requested, these are liable to a fee, even if the customer requires no further services from the agency.
5. Any instructions, desired changes or other suggestions by the customer shall not constitute a claim to shared copyright by the customer.
6.The agency shall be entitled to request reasonable advance payments after conclusion of the contract, even if this is not specifically agreed. This shall apply, in particular, if the agency incurs external costs.
7. The costs of the job shall become due after billing within the specifically agreed terms of payment. This shall apply even if the customer by prior agreement is passing on the costs to another customer (e.g. advertising agencies, business consultants, etc.).
8. Trainings, system briefings, and consultations are generally offered on an hourly basis and charged per quarter-hour. The actual invoice sum will therefore depend on actual usage by the customer and shall not be finally calculated/charged until after provision of the service.
9. Prices are quoted net, excluding value-added tax.

§ 4 Additional services, changes to the subject of the contract, expenses
1. The modification of draft designs, creation and submission of further draft designs, modification of final artwork and other additional services (e.g. proofreading, manuscript study etc.) shall be separately liable for payment. The additional payment shall be calculated as a proportion of the fee charged under §3 clause 1 (see above).
2. Payment for additional services shall be due as soon as the services have been performed, even if the agency still has further measures to carry out before completion of the whole contract.

§ 5 Usage rights
Exclusive usage rights shall be granted to the work of ps move on but no right of title.

§ 6 Proofreading and production monitoring
1. Before the start of production, the customer shall be obliged to submit checked proofs to the agency. Should the customer fail to submit checked proofs, the draft design provided by the agency shall be deemed to be approved. When the draft design is given to the customer, the customer shall be set a deadline for returning the checked proofs. This deadline period shall commence as soon as the draft design is provided by the agency.
2. Production monitoring shall be owed by the agency only if this is separately specified in the order. Production monitoring shall be subject to a separate charge. If production monitoring is separately specified in the order, the agency shall be authorized to take the required decisions and give the necessary instructions on behalf of the customer.

§ 7 Liability
1.The agency shall accept no liability for the permissibility of its work under competition, trademark, and utility model law. The same shall apply to copyright protection. The customer shall be liable for the permissibility of the agency’s work under competition, trademark, and utility model law and shall in particular release the agency from any third party claims.
2. With approval of the work, the customer shall accept responsibility for the correctness of images and text.
3.The agency shall not be otherwise liable except for damage resulting from a grossly negligent breach of duty by the agency or a willful or grossly negligent breach of duty by a legal representative or vicarious agent of the agency. The exclusion of liability shall not apply to damage in respect of injury to life, body or health resulting from a grossly negligent breach of duty by the agency or a willful or grossly negligent breach of duty by a legal representative or vicarious agent of the agency. So far as legally permissible, moreover, the liability of the agency shall be limited. The liability of the agency shall be limited to 200,000.00 € so far as legally permissible. Any further liability on the part of the agency shall be excluded. The contracting parties agree that liability shall be limited to damage typically arising in business of the type in question. Finally, the parties agree that the exclusion from liability is typical of the sector. Approval of production and/or publication shall be the responsibility of the customer. If, in an exceptional case, the customer delegates approval in whole or in part to the agency, then the customer shall exempt the agency from any liability.

§ 8 Specimen copies
The customer shall supply the agency free of charge with at least 3 copies of the reproduced works, which it is also entitled to use for its own promotional purposes. The agency shall not owe any payment for this.

§ 9 Copyrights
We claim copyright on all our catalog texts, photographs, and designs. Any other use of these texts and images by our customers or third parties, even in part, shall require our express prior consent in writing. Other trademarks, trade names, etc. are those of their respective owners.

§ 10 Creative freedom
1.The agency shall possess creative freedom within the scope of the contract.
2. The customer shall be responsible for ensuring that it is entitled to use the materials provided by the agency and insofar releases the agency from any third party claim.

§ 11 Applicable law, place of performance and legal venue
The law of the Federal Republic of Germany shall apply. The application of international sales law shall be excluded so far as permissible. The place of performance shall be Nuremberg. For business people, legal persons under public law or special funds under public law, Nuremberg shall be the agreed legal venue for all disputes. The same shall apply in cases where, after conclusion of the contract, the customer being pursued in litigation has moved his domicile or usual place of residence outside the jurisdiction of the Federal Republic of Germany or his domicile or usual place of residence is not known at the time the action is filed.

§ 12 12 Artists’ social security fund

The customer is aware that every advertiser, advertising company, and client is obliged to pay contributions to the artists‘ social security fund according to the provisions of the Artists‘ Social Security Act. Insofar the agency is released from any third party claim.

§ 13 Severability clause

Should one of the above provisions be or become ineffective, this shall not affect the overall effectiveness of the remaining provisions. The ineffective provision shall be replaced by one that insofar as legally permissible comes closest in its commercial intention to the ineffective provision. If, besides the ineffective part, a clause contains unobjectionable parts that are separable linguistically and content-wise, then these parts shall remain effective, even if they pertain to the same subject matter.