7i7® | Terms and Conditions

7i7® Design GmbH

General Terms and Conditions

The following terms and conditions apply to all services provided by 7i7® Design GmbH on behalf of its clients. Any deviating, conflicting, or supplementary general terms and conditions of the client shall not become part of the contract unless their validity is expressly agreed to in writing. The agreements made in the individual order shall apply in addition. Any deviating provisions regarding the granting of rights to work results are only effective if they provide for deviations by individual contract with express reference to the corresponding provisions in these terms of service. Before using our services, you confirm that you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB). According to Section 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
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1. Definitions

"Material" refers to all work results and design services provided by 7i7® Design GmbH to the client in the course of the contractual relationship and/or to be provided in accordance with the contract in intangible (digital) form, in particular image, video and/or audio data, print materials, draft documents, intermediate steps, sketches, etc.
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"Proprietary material" refers to material that 7i7® Design GmbH has created itself and/or under its own responsibility, or has had created by third parties.
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""Third-party material" refers to material provided to 7i7® Design GmbH for the fulfillment of the order by third parties (e.g., stock photography) has obtained.

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2. Offer, Conclusion of Contract

Orders are concluded based on offers provided by 7i7® Design GmbH in text form (email is sufficient) or via the self-checkout (flow.7i7.de/self-checkout), incorporating these terms and conditions. If work begins before an offer is accepted in text form, these terms and conditions apply to such work, and all work must be compensated based on the actual effort incurred at 7i7® Design GmbH's standard rates; provided that if a subsequent offer is accepted in text form, the remuneration rules set out therein shall apply.
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The presentation and promotion of the 7i7® Design flat rate on websites, in brochures, or within advertisements (e.g., on Facebook) does not constitute a binding offer to enter into a contract with 7i7® Design GmbH.
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Changes or additions to the order terms specified by 7i7® Design GmbH in the offer or self-checkout process only become part of the contract if they have been expressly confirmed in text form by 7i7® Design GmbH.
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A 7i7® Design flat-rate contract is concluded upon the customer's acceptance of an offer from 7i7® Design GmbH, which may be done orally, in writing, or through conclusive conduct. Unless otherwise stated in the offer, 7i7® Design GmbH is bound by its offers for a maximum of 20 working days from the date of receipt by the customer.

The self-checkout process at flow.7i7.de/self-checkout takes place in several steps. First, a user account is created by providing an email address and a password. Next, personal details, including the company address, are entered. The following step involves providing payment information, consisting of IBAN and BIC, and selecting the desired package and start date. In addition, the General Terms and Conditions (GTC), the privacy policy, the SEPA direct debit mandate, and the minimum contract term of 4 months must be accepted by checking the corresponding boxes. By clicking the "Book now" button, a binding offer to enter into a contract is submitted. Receipt of the booking will be confirmed by 7i7® Design GmbH via email. The contract is concluded either through an express declaration of acceptance or through the first act of performance by 7i7® Design GmbH.

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3. Scope of Services, Execution of Orders

The scope and requirements of the services to be provided are determined by the offer. Subsequent changes to the services require confirmation in text form by 7i7® Design GmbH.
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Unless otherwise agreed in individual cases, 7i7® Design GmbH provides services in three phases. In the first phase, 7i7® Design GmbH creates a draft of the requested services based on the order placed by the client on the 7i7® platform and provides it to the client with a request to review and approve the draft within a reasonable timeframe. Based on the approved draft, 7i7® produces the final result in a usable format during the final artwork phase and provides it to the client in the third phase with a request to review and provide final approval within a reasonable timeframe. Upon approval of the final deliverable, the entire project is considered approved, regardless of whether a draft was previously created or approved.
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The client is obligated to accept the services if they meet the contractual requirements. Acceptance cannot be refused due to minor defects. Services are considered accepted if the client has not refused acceptance within the acceptance period—a maximum of 7 days from delivery—by citing at least one defect. Deliverables are also considered accepted if the client uses them for their intended purpose.
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7i7® Design GmbH provides exclusively creative and artistic services and does not verify the results for third-party rights, particularly regarding their compliance with competition or trademark law or their eligibility for registration. The client is responsible for independently and diligently verifying the legal, and specifically the competition and trademark, compliance of all designs, deliverables, and other works before approving them and using them in a commercial context.
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You are responsible for all costs associated with providing and maintaining the infrastructure and equipment required for our services, including an internet connection and a computer.
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7i7® Design GmbH does not guarantee a specific turnaround time for any individual project request. 7i7® Design GmbH commits to completing every project within the scope of the 7i7® Design Flatrate as quickly as possible, subject to reasonableness and complexity. Furthermore, 7i7® Design GmbH does not guarantee a minimum number of completed projects for any subscription or plan.
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Subject to these framework conditions, 7i7® Design GmbH reserves the right to terminate the 7i7® Design Flatrate without prior notice under the following conditions, as determined at the sole discretion of 7i7® Design GmbH: in the event of a breach of the agreed terms of use, misuse of services for illegal purposes, or unauthorized disclosure of your user data.

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4. Grant of Rights

In principle, all rights to any material remain with 7i7® Design GmbH, unless they are expressly granted to the client.
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Regardless of any protection under intellectual property or copyright law, the client agrees not to commercially exploit, or allow to be exploited, any material and/or ideas provided by 7i7® Design GmbH during the course of our collaboration without such services having been compensated in accordance with these terms and conditions.
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To the extent that the material provided during the fulfillment of the order is subject to industrial property rights or copyright, the customer shall receive an exclusive, sub-licensable right of use upon full payment of the contractually owed remuneration, to the extent in terms of content, time, and geography that is strictly necessary for the use of the material in accordance with the purpose underlying the assignment.
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7i7® Design GmbH only grants the customer rights to third-party material that the contractor is authorized to grant themselves. Without an express agreement, exclusive rights are only granted for proprietary material, not for third-party material.
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To the extent that suggestions and specifications from the customer or other contributing measures establish joint authorship, the customer waives their share of the exploitation rights in accordance with Section 8 (4) of the German Copyright Act (UrhG).
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7i7® Design GmbH retains ownership of all provided material until full payment of the remuneration owed for the assignment has been received.

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5. Flat rate and remuneration

Contracts between you and 7i7® Design GmbH are classified as service contracts. Unless otherwise agreed, the contract term begins on the contractually specified start date and is generally concluded for an indefinite period, provided no minimum contract term has been established.
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If the parties have not made an explicit agreement regarding individual partial payments, the standard remuneration according to the fee schedule for design services of the Alliance of German Designers (SDSt/AGD) valid at the time of contract conclusion shall be deemed agreed.
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If payment for invoiced services is not received within 7 days of receipt of the invoice, the customer shall be in default of payment without the need for a further reminder.
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If a (SEPA) direct debit mandate has been granted, your account will be debited no earlier than the scheduled date.
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All prices are net, plus applicable statutory VAT.
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You may cancel your 7i7® Design Flatrate by sending an email to buchhaltung@7i7.de, provided you adhere to the notice periods specified in your offer. The cancellation will take effect at the end of the current term. 7i7® Design GmbH reserves the right to terminate the 7i7® Design Flatrate in the event of non-payment of due amounts and to claim the remaining contractually agreed term as damages.

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6. Required File Format

Unless expressly agreed otherwise or required by technical constraints, materials must generally be provided in open file formats.
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7. Reference Advertising & Confidentiality

The client agrees that 7i7® Design GmbH is entitled to publicly identify the client (including, in particular, on the 7i7® Design GmbH website at www.7i7.de) to (1) list them as a reference, (2) provide information about the project, and (3) display a representative selection of the project results.
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In the course of providing services, you may disclose confidential information to 7i7® Design GmbH. 7i7® Design GmbH commits to treating your confidential information as confidential and not disclosing it to unauthorized third parties. 7i7® Design GmbH ensures that within the company, only those individuals required to provide the service to you have access to this confidential information.

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8. Liability

Unless otherwise specified below, 7i7® Design GmbH is liable for its own conduct and that of its representatives and vicarious agents only in cases of gross negligence or intentional misconduct.
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7i7® Design GmbH is also liable for damages resulting from injury to life, limb, or health if caused by its own simple negligence or the simple negligence of a representative or vicarious agent. The same applies to the breach of a material contractual obligation—that is, an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.
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The liability of 7i7® Design GmbH under the Product Liability Act and statutory warranty obligations remains unaffected by the preceding provisions.
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7i7® Design GmbH is not liable for the success of any intellectual property registration, nor for ensuring that materials and other services do not infringe upon the rights of third parties. However, the contractor warrants that they are not aware of any conflicting third-party rights.
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For print products, the final check and approval regarding format, color space, and accuracy are your responsibility. 7i7® Design GmbH assumes no liability for printing errors.

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9. Final Provisions

Should any provision of this agreement or any provision subsequently included be or become invalid or unenforceable in whole or in part, or should a gap in this agreement be discovered, the validity of the remaining provisions shall not be affected (severability). It is the express intent of the parties to maintain the validity of the remaining provisions under all circumstances and thereby waive the application of Section 139 of the German Civil Code (BGB) in its entirety.
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Amendments and supplements to this agreement, including this section 10.2, must be made in writing unless otherwise specified.
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The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement shall be the registered office of 7i7® Design GmbH, provided the client is a merchant, a legal entity under public law, or a special fund under public law. 7i7® Design GmbH remains entitled to bring legal action at the client's general place of jurisdiction.
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The parties agree that all legal relationships arising from this contractual relationship shall be governed by the laws of the Federal Republic of Germany, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG).
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