The following terms and conditions apply to all contracts concluded between the designer Amyra Radwan and her clients. They shall also apply to all future business relationships, even if they are not expressly agreed again. Any deviating terms and conditions of the client that are not expressly recognized by the designer shall not become part of the contract, even if the designer does not expressly object to them.

Arrangements and agreements are to be made by email where possible. Verbal and telephone communication, as well as communication via instant messaging services, such as WhatsApp, require additional written confirmation.

Unless otherwise agreed, a design order includes a single correction run.

The client is obliged to provide the designer with all materials (such as data, content and templates) necessary for the fulfilment of the order in good time, bundled and to the agreed extent. This applies in particular to texts, photos, logos, graphics, films, pieces of music, etc. The Designer shall not be responsible for delays in the execution of the order caused by the late or incomplete delivery of such documents.

The clients assure that they are authorized to use all documents that they provide to the designer. Furthermore, the clients are solely responsible for the accuracy and completeness of the documents they provide. If the client is not authorized to use the documents or if the documents are not free of third-party rights, the client shall indemnify the designer internally against all third-party claims for compensation.

If the execution of the order is delayed for reasons for which the client is responsible, the designer may demand a reasonable increase in remuneration. The Designer’s right to claim further damages shall remain unaffected.

The offer does not include unforeseeable additional costs, any additional services, costs for image or font licences and third-party services such as domain rental and server hosting. Additional costs may be incurred for the creation of additional drafts and for further correction loops. Further creative, technical and content-related maintenance and further development after acceptance or expiry of the warranty period is not part of the contract.

Additional correction runs and expenses that were not foreseeable at the time the offer was submitted or that arise due to subsequent changes to the briefing will be charged on an hourly basis. Unless otherwise agreed, the hourly rate is EUR 90.

Expenses that are not expressly listed in the offer, as well as third-party services and licences, are not part of the offer. This includes font licences, production and editing.

Unless otherwise agreed in writing, additional services, such as research, reworking or modification of drafts, production and submission of further drafts, modification of working drawings and other additional services (author’s correction, production supervision and the like) shall be charged separately on a time basis.

Incidental technical costs (e.g. for models, intermediate reproductions, layout typesetting, etc.) incurred in connection with the design work or the execution of the design shall be reimbursed by the client.

The Client shall reimburse the Designer for the costs and expenses for travel that are necessary after prior consultation for the purpose of carrying out and fulfilling the order or using the works.

Payment for additional services shall be due after they have been provided. Any incidental costs incurred shall be reimbursed as incurred. Remuneration and ancillary costs are net amounts, which are to be paid plus the statutory value added tax.

The Designer shall commission external services that are required to fulfil the order or to use the works to the extent specified in the contract in the name and for the account of the Client after consultation. The Client is obliged to grant the Designer written authorization to do so.

Insofar as the Designer commissions external services in her own name and for her own account at the instigation of the client in individual cases, the client shall be obliged to pay a reasonable advance for the expected costs. The clients shall indemnify the Designer internally against all liabilities, in particular all costs, arising from the conclusion of the contract.

Only rights of use are granted to drafts and final artwork, but no ownership rights are transferred.

The designs and final artwork may not be altered either in the original or in reproduction without the express consent of the designer. Any complete or partial imitation is not permitted. In the event of a breach, the client shall pay a contractual penalty of 100 percent of the remuneration owed for the design service in addition to the remuneration owed.

The designer shall transfer to the client the rights of use required for the respective purpose. Unless otherwise agreed, only the simple right of use shall be transferred. In any case, even if the Designer has granted the exclusive right of use, the Designer shall remain entitled to use her designs and reproductions thereof for her own advertising purposes in all media.

The resale and transfer of the rights of use to third parties requires a written agreement between the Designer and the Client.

The rights of use shall not pass to the client until the remuneration has been paid in full.

The Designer must be named as the author when the designs and final artwork are reproduced, distributed, exhibited and/or publicly reproduced. If the client violates the right to be named, they shall be obliged to pay the designer a contractual penalty amounting to 100 percent of this remuneration in addition to the remuneration owed for the design service. This shall not affect the Designer’s right to claim higher damages in the event of a concrete calculation of damages.

If the client wishes to apply for formal property rights to be entered in an official register with regard to the designs, final artwork or other work of the designer, the client shall require the prior written consent of the designer.

The Designer’s works may only be used for the agreed type of use and the agreed purpose and to the agreed extent. In the absence of an express written agreement, the purpose of the contract shall only be the purpose stated by the client when placing the order.

Proposals, instructions and suggestions from the client for technical, creative or other reasons and their other cooperation shall have no influence on the fee and shall not constitute a joint copyright, unless expressly agreed otherwise in writing.

The designer reserves all rights to the work and services until full payment has been received. Unless otherwise agreed, the invoice amount includes the simple rights of use without restriction.

Unless otherwise expressly agreed between the Client and the Designer, the fee shall be calculated in accordance with the fee recommendations of the BDG Berufsverband Kommunikationsdesign e. V., Markgrafendamm 24, 10245 Berlin.

The production of drafts is always subject to a charge, unless expressly agreed otherwise in writing.

Payment is due upon delivery of the designs. If the designs are accepted in parts, partial remuneration amounting to at least half of the total remuneration shall be paid upon acceptance of the first partial delivery.

Any renewed use of the designs and final artwork requires the prior written consent of the designer. The same applies to uses that go beyond the originally agreed or intended scope. The client shall pay a contractual penalty amounting to 100 percent of the remuneration for each new or additional use made without the designer’s consent, in addition to the remuneration appropriate for the use in question.

The Designer shall not be obliged to hand over data carriers, files and data. If the client wishes the Designer to provide them with data carriers, files and data, this must be agreed in writing and paid for separately.

If the Designer has provided the Client with data carriers, files and data, these may only be changed with the Designer’s consent.

The client shall bear the risk and costs of transporting data carriers, files and data online and offline.

The designer shall not be liable for errors in data carriers, files and data that arise during data import onto the client’s system.

If the designer is to supervise production, she and the client shall conclude a written agreement to this effect. If the designer takes over the production supervision, she shall decide at her own discretion and issue corresponding instructions.

The client shall provide the designer with five flawless samples of all reproduced work free of charge.

The scope and term of the technical support is specified in the offer or a service agreement. The term is not automatically extended and can be terminated on a monthly basis.

No liability is accepted for failures, errors or restrictions caused by hosting providers, third-party plug-ins or external system updates.

Critical security updates or bug fixes are installed within one working day of becoming known. Other updates are processed promptly. In exceptional cases, the client will be informed in good time.

Unless otherwise agreed, backups are saved monthly. Old backups are stored for a period of three months and can only be restored for this period.

The designer shall only be liable for damages that she or her vicarious agents have caused intentionally or through gross negligence. Excluded from this are damages resulting from the breach of a contractual obligation which is of essential importance for the achievement of the purpose of the contract (cardinal obligation), as well as damages resulting from injury to life, body or health, for which the designer is also liable in the case of slight negligence.

Client claims arising from a breach of duty by the Designer or her vicarious agent shall become time-barred one year after the statutory commencement of the limitation period. Excluded from this are claims for damages based on an intentional or grossly negligent breach of duty by the Designer or her vicarious agent, as well as claims for damages arising from injury to life, body or health, even if they are based on a slightly negligent breach of duty by the Designer or her vicarious agent; the statutory limitation periods shall apply to these claims for damages.

The sending and return of works and templates shall be at the expense and risk of the client.

Upon acceptance of the work and/or approval of drafts and final artwork, the client shall assume responsibility for the accuracy of the text and images, with the consequence that the designer’s liability shall lapse in this respect.

The Designer shall not be liable for the copyright, design or trademark protection or registrability of the drafts and other design work that she provides to the Client for use. Design, patent or trademark searches have been carried out by the client themselves and at their own expense.

Under no circumstances shall the designer be liable for the legal admissibility of the intended use, in particular under competition and trademark law. However, she is obliged to inform the client of any legal risks if she becomes aware of them during the execution of the order.

The client is obliged to inspect the work performed by the designer within a reasonable period of time after receipt and to notify the designer of any defects. Notification of obvious defects must be made in writing within two weeks of delivery of the work; notification of non-obvious defects must be made within two weeks of discovery of the defect. Timely dispatch of the complaint shall suffice to meet the deadline. In the event of a breach of the duty to inspect and give notice of defects, the Designer’s work shall be deemed to have been approved with regard to the defect in question.

In the development of browser-based publications (e.g. websites), unless otherwise agreed, compatibility with the latest version (at the time of delivery of the work) and two previous versions of the most common browsers: Safari, Chrome and Firefox for iOS, Android, Mac and Windows. The warranty period for this is 2 months.

The designer has creative freedom within the scope of the order. In this respect, complaints about the artistic design of the drafts and the work are excluded. Additional costs for changes made by the client during or after production shall be borne by the client.

The designer reserves the right to use all designs and results created as part of the order for self-promotion. This includes publication on her own website, in her portfolio and on social media channels.

The place of fulfillment for both parties is the address of the designer stated in the offer.

In the event that the client does not have a general place of jurisdiction in Germany, they move their registered office or habitual residence abroad after conclusion of the contract or both contracting parties are merchants, the place of jurisdiction shall be the designer’s place of residence.

Should any of the above terms and conditions be invalid, this shall not affect the validity of the remaining terms and conditions.

The following terms and conditions apply to all contracts concluded between the designer Amyra Radwan and her clients. They shall also apply to all future business relationships, even if they are not expressly agreed again. Any deviating terms and conditions of the client that are not expressly recognized by the designer shall not become part of the contract, even if the designer does not expressly object to them.

Arrangements and agreements are to be made by email where possible. Verbal and telephone communication, as well as communication via instant messaging services, such as WhatsApp, require additional written confirmation.

Unless otherwise agreed, a design order includes a single correction run.

The client is obliged to provide the designer with all materials (such as data, content and templates) necessary for the fulfilment of the order in good time, bundled and to the agreed extent. This applies in particular to texts, photos, logos, graphics, films, pieces of music, etc. The Designer shall not be responsible for delays in the execution of the order caused by the late or incomplete delivery of such documents.

The clients assure that they are authorized to use all documents that they provide to the designer. Furthermore, the clients are solely responsible for the accuracy and completeness of the documents they provide. If the client is not authorized to use the documents or if the documents are not free of third-party rights, the client shall indemnify the designer internally against all third-party claims for compensation.

If the execution of the order is delayed for reasons for which the client is responsible, the designer may demand a reasonable increase in remuneration. The Designer’s right to claim further damages shall remain unaffected.

The offer does not include unforeseeable additional costs, any additional services, costs for image or font licences and third-party services such as domain rental and server hosting. Additional costs may be incurred for the creation of additional drafts and for further correction loops. Further creative, technical and content-related maintenance and further development after acceptance or expiry of the warranty period is not part of the contract.

Additional correction runs and expenses that were not foreseeable at the time the offer was submitted or that arise due to subsequent changes to the briefing will be charged on an hourly basis. Unless otherwise agreed, the hourly rate is EUR 90.

Expenses that are not expressly listed in the offer, as well as third-party services and licences, are not part of the offer. This includes font licences, production and editing.

Unless otherwise agreed in writing, additional services, such as research, reworking or modification of drafts, production and submission of further drafts, modification of working drawings and other additional services (author’s correction, production supervision and the like) shall be charged separately on a time basis.

Incidental technical costs (e.g. for models, intermediate reproductions, layout typesetting, etc.) incurred in connection with the design work or the execution of the design shall be reimbursed by the client.

The Client shall reimburse the Designer for the costs and expenses for travel that are necessary after prior consultation for the purpose of carrying out and fulfilling the order or using the works.

Payment for additional services shall be due after they have been provided. Any incidental costs incurred shall be reimbursed as incurred. Remuneration and ancillary costs are net amounts, which are to be paid plus the statutory value added tax.

The Designer shall commission external services that are required to fulfil the order or to use the works to the extent specified in the contract in the name and for the account of the Client after consultation. The Client is obliged to grant the Designer written authorization to do so.

Insofar as the Designer commissions external services in her own name and for her own account at the instigation of the client in individual cases, the client shall be obliged to pay a reasonable advance for the expected costs. The clients shall indemnify the Designer internally against all liabilities, in particular all costs, arising from the conclusion of the contract.

Only rights of use are granted to drafts and final artwork, but no ownership rights are transferred.

The designs and final artwork may not be altered either in the original or in reproduction without the express consent of the designer. Any complete or partial imitation is not permitted. In the event of a breach, the client shall pay a contractual penalty of 100 percent of the remuneration owed for the design service in addition to the remuneration owed.

The designer shall transfer to the client the rights of use required for the respective purpose. Unless otherwise agreed, only the simple right of use shall be transferred. In any case, even if the Designer has granted the exclusive right of use, the Designer shall remain entitled to use her designs and reproductions thereof for her own advertising purposes in all media.

The resale and transfer of the rights of use to third parties requires a written agreement between the Designer and the Client.

The rights of use shall not pass to the client until the remuneration has been paid in full.

The Designer must be named as the author when the designs and final artwork are reproduced, distributed, exhibited and/or publicly reproduced. If the client violates the right to be named, they shall be obliged to pay the designer a contractual penalty amounting to 100 percent of this remuneration in addition to the remuneration owed for the design service. This shall not affect the Designer’s right to claim higher damages in the event of a concrete calculation of damages.

If the client wishes to apply for formal property rights to be entered in an official register with regard to the designs, final artwork or other work of the designer, the client shall require the prior written consent of the designer.

The Designer’s works may only be used for the agreed type of use and the agreed purpose and to the agreed extent. In the absence of an express written agreement, the purpose of the contract shall only be the purpose stated by the client when placing the order.

Proposals, instructions and suggestions from the client for technical, creative or other reasons and their other cooperation shall have no influence on the fee and shall not constitute a joint copyright, unless expressly agreed otherwise in writing.

The designer reserves all rights to the work and services until full payment has been received. Unless otherwise agreed, the invoice amount includes the simple rights of use without restriction.

Unless otherwise expressly agreed between the Client and the Designer, the fee shall be calculated in accordance with the fee recommendations of the BDG Berufsverband Kommunikationsdesign e. V., Markgrafendamm 24, 10245 Berlin.

The production of drafts is always subject to a charge, unless expressly agreed otherwise in writing.

Payment is due upon delivery of the designs. If the designs are accepted in parts, partial remuneration amounting to at least half of the total remuneration shall be paid upon acceptance of the first partial delivery.

Any renewed use of the designs and final artwork requires the prior written consent of the designer. The same applies to uses that go beyond the originally agreed or intended scope. The client shall pay a contractual penalty amounting to 100 percent of the remuneration for each new or additional use made without the designer’s consent, in addition to the remuneration appropriate for the use in question.

The Designer shall not be obliged to hand over data carriers, files and data. If the client wishes the Designer to provide them with data carriers, files and data, this must be agreed in writing and paid for separately.

If the Designer has provided the Client with data carriers, files and data, these may only be changed with the Designer’s consent.

The client shall bear the risk and costs of transporting data carriers, files and data online and offline.

The designer shall not be liable for errors in data carriers, files and data that arise during data import onto the client’s system.

If the designer is to supervise production, she and the client shall conclude a written agreement to this effect. If the designer takes over the production supervision, she shall decide at her own discretion and issue corresponding instructions.

The client shall provide the designer with five flawless samples of all reproduced work free of charge.

The scope and term of the technical support is specified in the offer or a service agreement. The term is not automatically extended and can be terminated on a monthly basis.

No liability is accepted for failures, errors or restrictions caused by hosting providers, third-party plug-ins or external system updates.

Critical security updates or bug fixes are installed within one working day of becoming known. Other updates are processed promptly. In exceptional cases, the client will be informed in good time.

Unless otherwise agreed, backups are saved monthly. Old backups are stored for a period of three months and can only be restored for this period.

The designer shall only be liable for damages that she or her vicarious agents have caused intentionally or through gross negligence. Excluded from this are damages resulting from the breach of a contractual obligation which is of essential importance for the achievement of the purpose of the contract (cardinal obligation), as well as damages resulting from injury to life, body or health, for which the designer is also liable in the case of slight negligence.

Client claims arising from a breach of duty by the Designer or her vicarious agent shall become time-barred one year after the statutory commencement of the limitation period. Excluded from this are claims for damages based on an intentional or grossly negligent breach of duty by the Designer or her vicarious agent, as well as claims for damages arising from injury to life, body or health, even if they are based on a slightly negligent breach of duty by the Designer or her vicarious agent; the statutory limitation periods shall apply to these claims for damages.

The sending and return of works and templates shall be at the expense and risk of the client.

Upon acceptance of the work and/or approval of drafts and final artwork, the client shall assume responsibility for the accuracy of the text and images, with the consequence that the designer’s liability shall lapse in this respect.

The Designer shall not be liable for the copyright, design or trademark protection or registrability of the drafts and other design work that she provides to the Client for use. Design, patent or trademark searches have been carried out by the client themselves and at their own expense.

Under no circumstances shall the designer be liable for the legal admissibility of the intended use, in particular under competition and trademark law. However, she is obliged to inform the client of any legal risks if she becomes aware of them during the execution of the order.

The client is obliged to inspect the work performed by the designer within a reasonable period of time after receipt and to notify the designer of any defects. Notification of obvious defects must be made in writing within two weeks of delivery of the work; notification of non-obvious defects must be made within two weeks of discovery of the defect. Timely dispatch of the complaint shall suffice to meet the deadline. In the event of a breach of the duty to inspect and give notice of defects, the Designer’s work shall be deemed to have been approved with regard to the defect in question.

In the development of browser-based publications (e.g. websites), unless otherwise agreed, compatibility with the latest version (at the time of delivery of the work) and two previous versions of the most common browsers: Safari, Chrome and Firefox for iOS, Android, Mac and Windows. The warranty period for this is 2 months.

The designer has creative freedom within the scope of the order. In this respect, complaints about the artistic design of the drafts and the work are excluded. Additional costs for changes made by the client during or after production shall be borne by the client.

The designer reserves the right to use all designs and results created as part of the order for self-promotion. This includes publication on her own website, in her portfolio and on social media channels.

The place of fulfillment for both parties is the address of the designer stated in the offer.

In the event that the client does not have a general place of jurisdiction in Germany, they move their registered office or habitual residence abroad after conclusion of the contract or both contracting parties are merchants, the place of jurisdiction shall be the designer’s place of residence.

Should any of the above terms and conditions be invalid, this shall not affect the validity of the remaining terms and conditions.