our terms & conditions
DorkaBrandConsulting offers consulting services for the development and implementation of branding strategies. These take the form of verbal and visual systems of communication, which serve to promote businesses, organisations, products and brands. Consulting services that aim to create and cultivate design-driven corporate and brand identities involve complex processes; their legal framework is defined in the general terms and conditions of business outlined below.
These terms and conditions are part of any contractual agreement between DorkaBrandConsulting and the party placing the order (herein after “Client”). General terms and conditions of business, purchasing and delivery terms and conditions of business differing from, and in particular those which are contrary to these terms and conditions of business, shall not apply, not even where DorkaBrandConsulting does not expressly object.
The fees included in an offer are subject to change without notice, provided that they have not been expressly stated as binding.
The agreed fees shall cover the agreed services (e.g. consultancy services, naming, design work) as well as one round of corrections. Costs incurred for corrections, editing and adjustments following project approval by the Client are not included in the initial fee. These adjustments are to be remunerated separately. Fees stated do not include value added tax.
As a rule, third party costs are not included in the fee. In addition, hotel costs, courier costs, travel costs and other expenses are not included.
Invoices are to be paid in full within 14 days from the date of invoice. DorkaBrandConsulting is entitled to invoice 50% of the contract fee at the start of the project, provided that there has been no alternative agreement made in writing. If the Client is in default with a payment, DorkaBrandConsulting reserves the right to demand interest amounting to five percentage points above the base rate charged by the European Central Bank at that time.
Fees are payable in Euro. For services provided to parties based outside Germany and in cases where the billing address is outside Germany, the Client must adhere to the applicable export trade regulations for both Germany and the Client’s country as well as provide all necessary documentation.
3. Rights to contractual work
With full payment of contract fees, the Client acquires all commercial copyrights for the final, approved work produced within the framework of the contract. Drafts and unfinished versions produced during the development stage are excluded from the conferment of usage rights.
Any material provided by the Client to DorkaBrandConsulting shall remain the property of DorkaBrandConsulting, even after contract end. In so far as third parties assert rights to that material, the Client shall have to exempt DorkaBrandConsulting from such claims.
4. Fulfilment of the contract
The project stages and corresponding services documented by DorkaBrandConsulting shall be regarded as having been approved by the Client if he does not object to them within two days of receipt.
In the event of a significant discrepancy between the services performed and the contractually agreed services, the Client is entitled to demand a correction. Claims for compensation for damages instead of, or in addition to, the agreed services shall be excluded. All claims shall be limited to damages related to the contractual services and which could have been foreseen.
DorkaBrandConsulting makes no guarantee that the produced work will not affect third party rights, unless DorkaBrandConsulting is separately commissioned to research all applicable rights.
The Client is required to participate in the verification of registration availability and eligibility of the names, brands and other works proposed by DorkaBrandConsulting during the development stage but no later than after project presentation, unless an express agreement to the contrary has been made in writing.
If the produced work is in breach of existing copyrights and/or other third party rights, and this is due to a culpable breach of essential contractual obligations by DorkaBrandConsulting, the Client can resort to the use of an alternative concept developed in the course of the project. Further claims for compensation for damages shall be excluded. All claims shall be limited to damages related to the contractual services and which could have been foreseen.
DorkaBrandConsulting shall maintain all Client documents in safekeeping. Liability for damage or loss is ruled out, unless DorkaBrandConsulting is guilty of wilful disregard or gross negligence.
Electronic mail may be used as a means of communication for project management. The Client must ensure that he encrypts his messages, should he deem this necessary. DorkaBrandConsulting shall accept no liability for errors in data transmission.
6. Duration of the contract and termination
The contract shall be fulfilled on completion of contractually agreed services and with Client approval of the project or Client use of the produced work.
This contract or stand-alone consulting projects cannot be terminated under § 627 BGB. The right of both parties to extraordinary termination of the contract shall remain unaffected.
7. Written form
For the effective conclusion of a contract, the supplementation, termination/cancellation and amendment of a contract under these terms and conditions and/or the amendment of these terms and conditions must be made in writing. The same shall apply for the agreement to waive the requirement for written form.
8. Partial validity clause
Should individual clauses of these general terms and conditions be completely or partially invalid, the validity of the remaining clauses shall not be affected, provided that the contents of the remaining clauses is not impaired by the invalidity of individual clauses. If one or more clauses are invalid, the parties to the contract shall undertake to agree a new and effective clause which comes closest to the intention of the parties and the material contents of the original clause.
9. Applicable law
Provided that no other agreement has been made, only the law of the Federal Republic of Germany is applicable.
10. Place of fulfilment and place of jurisdiction
The place of fulfilment and the place of jurisdiction for all reciprocal claims under this contract and its handling shall be the city of Hamburg.