terms

scope

These general terms and conditions apply to all contracts between daffndill (hereinafter “the Studio”) and the client for creative services — in particular branding, web design, web development, content production and growth services.

Terms of the client that differ from these are not recognised unless the Studio agrees to their application expressly and in writing. These terms also apply where the Studio performs the service without reservation in the knowledge of conflicting terms.

conclusion of contract

Quotes from the Studio are subject to change and non-binding unless expressly designated as binding. A contract comes into being when the client accepts a quote from the Studio in text form or the Studio sends an order confirmation.

Unless stated otherwise, quotes are valid for 30 days from the date of issue. Side agreements, amendments and additions require text form to be effective.

scope of services

The scope of the services follows from the relevant quote or order confirmation. Services not expressly listed there are not part of the contract and are charged separately.

Creative latitude

Within the scope of the commission, the Studio has creative freedom. Complaints regarding the artistic design are excluded. If the client wishes to make changes during or after production, the client bears the additional cost.

Rounds of revisions

Unless agreed otherwise, every quote includes two rounds of revisions per service component. Further rounds are charged by time at the hourly rate in force.

client obligations

The client provides the Studio with all information, copy, images, logos and access credentials required to perform the services, in good time, in full and in a suitable form.

The client warrants that it holds all necessary rights of use and exploitation in the materials it provides. To that extent the client indemnifies the Studio against third-party claims.

Delays caused by missing or late cooperation extend agreed deadlines accordingly and give rise to no claims against the Studio.

dates & deadlines

Dates and deadlines are non-binding unless they have been expressly agreed as binding. Meeting dates presupposes timely and complete cooperation by the client.

In cases of force majeure, strike action, official orders or other unforeseeable events, agreed deadlines are extended by the duration of the hindrance.

fees & payment

Unless stated otherwise, all prices are in euros plus VAT at the statutory rate.

Payment schedule

Unless agreed otherwise, the following split applies to projects: 50% on commissioning, 50% on handover or go-live. Ongoing services are invoiced monthly.

Payment terms

Invoices are due for payment without deduction within 14 days of the invoice date. In the event of late payment, the Studio is entitled to charge default interest at the statutory rate and to suspend work in progress until payment has been received in full.

Additional costs

Third-party services such as licences, stock material, fonts, hosting, printing or travel costs are invoiced separately unless expressly included in the quote.

rights of use

All drafts, concepts, designs and source code created by the Studio are protected by copyright. Rights of use are transferred only after payment in full of the agreed fee.

Unless agreed otherwise, the client receives a simple right of use, unrestricted in territory and time, for the purpose agreed in the contract. Transfer to third parties, adaptation or use beyond the agreed purpose requires the prior consent of the Studio.

Drafts and preliminary stages that are not accepted remain entirely with the Studio; no right of use in them is granted.

use as a reference

The Studio is entitled to use the work delivered for its own promotion in print and online media, in its portfolio, on social media channels and in competitions, and to name the client as a reference — unless the client objects in text form.

Where particular confidentiality is required, an embargo period or a complete exclusion of reference use can be agreed in writing.

warranty

The Studio performs its services in line with the current state of the art. Defects must be notified in text form without delay, and at the latest within 14 days of acceptance.

Where a complaint about defects is justified, the Studio has the right to remedy them. If the remedy fails twice, the client may demand a reduction in price or withdraw from the contract.

No warranty is given for functionality in every combination of browser and device, for changes made by third-party providers (for example platform updates or API changes), or for changes made by the client itself.

liability

The Studio is liable without limitation in cases of intent and gross negligence, and for injury to life, body or health.

In the event of slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical of this type of contract. Liability is otherwise excluded.

The Studio is not liable for loss of data where the client has not made an adequate backup, nor for lost profit or indirect damage.

term & termination

Project contracts end when the agreed services have been performed in full and accepted.

Continuing obligations (for example ongoing support or a retainer) may be terminated by either side in text form giving four weeks' notice to the end of the month, unless agreed otherwise.

The right to terminate for good cause remains unaffected. If the client terminates a running project early, the services performed up to that point are to be paid for pro rata.

final provisions

The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Where the client is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is the registered office of the Studio.

Should individual provisions of these terms be or become wholly or partly ineffective, the effectiveness of the remaining provisions is not affected. The statutory rule takes the place of the ineffective provision.