General Terms & Conditions

1.1 "Representative" means the company Absolut Organisation CB GmbH, Chausseestrasse 34b, 10115 Berlin.

1.2 "AI Artists" means the artists represented by the Representative.

1.3 "Client" means any person or company who enters into a contract or agreement with an AI Artist through the Representative for the creation, transfer and/or use of Works (hereinafter referred to as "Order").

The Representative shall procure AI Artists for advertising. The selection of the AI Artists shall be made to the best of the Representation's knowledge and belief. The Representative does not guarantee that the AI Artist will meet the Advertiser's expectations.

3.1 The Representative represents AI Artists and places them with national and international Clients.

3.2 By placing an order, the Advertiser accepts the General Terms and Conditions of the Representative valid at the time, both for the order and for any subsequent business. The General Terms and Conditions shall apply both to the relationship with the representative office and to the AI artist. Any deviating General Terms and Conditions of the Principal are hereby rejected, even in the case of letters of confirmation.

3.3 The object of the order is the creation and transfer of the work and, if applicable, the transfer of rights of use for the contractually agreed purpose.

3.4 It is expressly pointed out that the representative office represents the AI Artist and does not become a party to the contract concluded between the Client and the AI Artist. All statements and declarations shall be made in the name of the AI Artist, unless the declaration is made expressly in the AI Artist's own name or, in an individual case, obviously concerns exclusively the representative office and thus its interests.

3.5 Offers are directed exclusively at commercial clients. With the commissioning, the client confirms his entrepreneurial status.

4.1 All quotations are subject to change. All prices are quoted in Euros plus the applicable value added tax.

4.2 Invoices are due without any deductions from the date of invoice.

4.3 The fee for the placement of an AI Artist shall be agreed individually with the Advertiser. The Representative reserves the right to adjust the fee if necessary.

4.4 The Artist's Social Security Contribution is to be paid additionally by the Advertiser and is not included in the fee.

4.5 Additional costs or expenses due to extension or postponement of the original assignment or in the event of subsequent deviations from the briefing, failure to provide products on time, etc. shall increase the fee accordingly. Incidental costs incurred as a result of the order (e.g. freight costs, travel costs and expenses) are to be borne separately by the client and are not included in the fee.

4.6 The contract between the advertising client and the Representative shall be concluded by the advertising client's written order or by the Representative's acceptance of the order.

4.7 If the client terminates the order for reasons for which the AI Artist is not responsible before the AI artist has begun with the execution, the AI Artist is entitled to charge a default fee in the amount of 10% of the agreed net total fee without the need for proof of damage. The client reserves the right to prove that the AI Artist has actually incurred no or only minor damage. For his part, the AI Artist reserves the right to prove higher damages. If the client terminates the commission before completion for reasons for which the AI Artist is not responsible, the AI Artist is also entitled to a claim amounting to 10% of the agreed net fee attributable to the part of the services not yet performed, in addition to the remuneration for the services already provided, without the need for proof of damage. The parties reserve the right to prove lower or higher damages.

5.1 All property rights to the works remain with the AI Artist.

5.2 The client is granted copyright rights of use exclusively for the contractually agreed purpose. Any further use requires express written consent and is to be paid for separately.

5.3 These rights of use may not be transferred in whole or in part to third parties without the express written consent of the AI Artist. In particular, the client does not acquire ownership of the work handed over to him, if applicable, unless the AI Artist sells him the work in this case for an additional sales fee.

5.4 Any kind of duplication, reproduction, modification, editing, public reproduction, redesign for reproduction on other image carriers, storage on other media etc. is prohibited. requires, insofar as it is not covered by the contractually agreed use, the express written consent of the AI Artist.

5.5 All rights to be transferred to the client under this contract remain with the AI Artist until full payment of the fee - including the part of the fee attributable to the creation of the work. Any prior use or transfer is not permitted.

5.6 In the event of prior unauthorized transfer to third parties, the client hereby assigns all claims against the third party to the AI Artist, who accepts the assignment.

5.7 In the event of unauthorized use, passing on or other non-agreed use, a contractual penalty amounting to twice the agreed fee for use shall become due, subject to further claims for damages.

The AI Artist shall hand over the work to the client in digital form. The Client is advised that the relevant digital data and files will not be stored by the AI Artist after completion of the commission and therefore cannot be accessed.

The AI artist and the Representative are not liable for the security or availability of the digital data after completion of the commission.

The client must therefore ensure that the digital data and files handed over are backed up himself/herself, if necessary.

7.1 The AI Artist is obliged to produce the work commissioned to him in accordance with his style, taking into account the details given to him by the client's assignment and layout.

7.2 The artistic design itself does not constitute a defect.

7.3 Notification of defects must be made in writing immediately after receipt of the work. Otherwise, the work shall be deemed to have been accepted in accordance with the contract after the expiry of three working days and liability for defects in the case of obvious defects shall be excluded.

7.4 The limitation period for liability for defects is 1 year from delivery, unless it is a contract with a consumer. The shortening of the limitation period does not apply to injury to life, limb or health or to grossly negligent or intentional breach of duty by the representative office or the AI Artist.

7.5 In the event of defective performance or delivery, the AI Artist shall, at his discretion, provide rectification or new production, whereby the client must grant him the necessary time and opportunity for this. Only if the rectification or new production is not carried out within a reasonable period of time through the fault of the client or has finally failed, does the client have the right to cancel the contract, demand a reduction in price or compensation for damages or expenses within the statutory requirements.

7.6 A repair or replacement delivery shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the work or the defect or other circumstances indicate otherwise.

7.7 In any case, the liability for defects shall expire if the Client or a third party has made changes of any kind to the work.

The contract may be terminated by either party at any time without cause. Termination must be in writing.

The AI Artist is entitled to use the work for his own advertising, to publish it and to show it as a sample of his work. Anything to the contrary shall only apply if it is evident that the client has substantial interests to the contrary or if this has been expressly agreed between the parties.

10.1 The AI Artist, the Representative, their representatives, employees and vicarious agents shall be liable, irrespective of the legal grounds, exclusively for intent and gross negligence, except in the case of liability for the breach of essential contractual obligations, claims for damages due to the assumption of a procurement risk or a guarantee.

10.2 The Representative does not assume any warranty for the services of the AI Artist. Liability for damages arising from the procurement of an AI Artist is excluded.

10.3 Except in the case of grossly negligent or wilful breach of contract, liability is limited in amount to the typical contractual damages reasonably foreseeable at the time of the conclusion of the contract.

10.4 Liability for culpable injury to life, limb or health shall remain unaffected by the aforementioned limitations of liability.

10.5 Liability for parts of the work that the client creates or provides himself is excluded. The Client shall be liable for ensuring that no third party rights are infringed by these. In this respect, the Principal shall indemnify the Representative and the AI Artist against all claims of third parties. The indemnity includes the costs of legal defence.

The Representative undertakes to treat all confidential information of the advertising client as confidential and not to make it accessible to third parties.

The Principal is informed that the Representative and the AI Artist process and store personal data obtained in the course of the business relationship in accordance with the provisions of the Federal Data Protection Act.

13.1 Without the express written consent of the Representative, the principal is not entitled to assign claims against the Representative or the AI Artist to third parties.

13.2 The Principal may only offset claims of the Representative and/or claims of the AI Artist if the Principal's counterclaim is undisputed or has been legally established. The Principal may only assert a right of retention if it is based on claims arising from the same contractual relationship.

13.3 German law shall apply both between the Client and the AI Artist and between the Client and the Representative, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

13.4 The place of performance is Berlin. The exclusive place of jurisdiction for claims between the client and the AI Artist and for claims between the client and the representative office is Berlin, insofar as the client is a company, a legal entity under public law or a special fund under public law.

13.5 Should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a substitute provision that comes as close as possible to the purpose intended by the invalid provision.

Copyright Absolut Organisation CB GmbH, 2023