Terms and Conditions
Version: April 2025
Article 1 – Agreement, Quotation, and Confirmation
1.1 Applicability
These general terms and conditions apply to all agreements made between the client and Timo Kramp Branding regarding the formation, content, and execution of all assignments.
1.2 Quotations
All verbal and written quotations and associated price estimates from Timo Kramp Branding are without obligation and valid for 14 days. Prices may be adjusted due to unforeseen changes in the scope of work or assignment. Verbal agreements are only binding after written confirmation by Timo Kramp Branding. All amounts are excluding VAT unless stated otherwise.
1.3 Written Confirmation
Assignments must be confirmed in writing by the client, which includes confirmation by letter or email. If the client fails to do so but allows Timo Kramp Branding to begin work, the quotation will be deemed accepted. Any subsequent verbal agreements are only valid once confirmed in writing.
1.4 Multiple Designers
If the client wishes to commission multiple designers or agencies for the same assignment, Timo Kramp Branding must be informed. If the assignment has already been given to another party, the client must disclose who this was.
Article 2 – Execution of the Agreement
2.1 Execution
Timo Kramp Branding will execute the assignment with due care and independence, always aiming to serve the client’s interests and deliver a useful result. Progress updates will be provided where necessary.
2.2 Providing Information
The client is responsible for providing all necessary information and materials in a timely, complete, and clear manner to enable proper execution.
2.3 Incorrect Information
Timo Kramp Branding is not liable for any consequences arising from incorrect or incomplete information provided by the client. Once the final design is submitted and approved, the client assumes full responsibility for any use or publication, including typographical or content errors.
2.4 Third Parties
If third-party products or services are used at Timo Kramp Branding’s expense, then any supplier terms concerning quality or quantity also apply to the client.
2.5 Approval of Final Design
Before production or publication, the client will be given the opportunity to approve final versions, prototypes, or tests. Written approval may be requested by email.
2.6 Authority of Client Representatives
Employees or agents acting on behalf of the client are assumed to have the authority to make decisions regarding the assignment.
2.7 Delivery Time
Stated delivery times are indicative unless explicitly agreed otherwise. Timo Kramp Branding is only in default if the client issues a written notice of default and no fulfillment occurs within a reasonable deadline.
2.8 Testing and Legal Compliance
Timo Kramp Branding is not responsible for conducting legal tests, acquiring permits, or verifying compliance with laws.
2.9 Data Storage Risk
Timo Kramp Branding will handle client materials with care but is not liable for loss or damage unless caused by gross negligence. Risk during transit or transfer is the responsibility of the client.
2.10 Complaints
Any complaints must be submitted in writing within 10 business days after delivery of the assignment.
Article 3 – Intellectual Property Rights
3.1 Copyright and Ownership
All intellectual property rights, including copyrights and design rights, resulting from the assignment remain with Timo Kramp Branding unless otherwise agreed in writing. Only Timo Kramp Branding may register or file such rights.
3.2 Research of Existing Rights
It is not the responsibility of Timo Kramp Branding to investigate whether the work infringes on third-party intellectual property rights or whether the client can secure such protection.
3.3 Design Credits
If third parties are involved in developing the design, the client must ensure proper credit is given to Timo Kramp Branding where the work is made public.
3.4 Attribution
Timo Kramp Branding has the right to be credited for the design in a modest manner in any publication or hyperlink, subject to prior agreement on the form.
3.5 Ownership of Working Files
Working files, sketches, prototypes, and source files remain the property of Timo Kramp Branding unless explicitly agreed otherwise. Source files are not delivered unless agreed upon in writing.
Article 4 – Usage and Licensing
4.1 License for Use
Upon full payment and compliance with all agreement terms, the client receives a non-transferable, exclusive license to use the final design.
4.2 Fonts, Software, and Other Licenses
Timo Kramp Branding will arrange the appropriate usage rights for third-party materials such as fonts, images, and software where necessary. If this is not possible, the client will be advised on how to acquire the required license themselves.
4.3 Self-Promotion
Timo Kramp Branding retains the right to showcase the final work for promotional purposes.
Article 5 – Fees and Payment
5.1 Fees and Additional Costs
In addition to the agreed-upon fee, any costs incurred by Timo Kramp Branding during the project are billable to the client. If no fee has been agreed, a fair rate will be calculated based on standard hourly or fixed rates.
5.2 Additional Work
If extra work is required due to delays or changes by the client, or due to incomplete or incorrect input, this will be charged additionally. Such work will be discussed and agreed upon beforehand.
5.3 Payment Terms
The payment term is 14 days after the invoice date. Payments can be made via bank transfer or Stripe payment link.
Article 6 – Final Responsibility and Liability
6.1 Client Responsibility
The client is solely responsible for the content, legal compliance, and publication of the final product. Timo Kramp Branding is not liable for any damages resulting from the use, reproduction, or distribution of the final work.
6.2 Errors and Omissions
Timo Kramp Branding strives for accuracy but is not liable for minor errors such as typos, omissions, or factual mistakes after approval. The client is responsible for final review and bears all responsibility after approval is given.
