1. Scope of Application
These General Terms and Conditions (GTC) apply to all services provided by Vivien Schmoller in the areas of graphic design, web design, and consulting related to web and graphic design. Deviating conditions of the client are only valid if confirmed in writing.
2. Conclusion of Contract
A contract is concluded through written or electronic acceptance of an offer created by Vivien Schmoller. The scope of services can be individually agreed upon and extended.
3. Scope of Services
The exact scope of services results from the individually prepared offer or a written order confirmation. I offer services in the areas of web design, graphic design, and consulting. This includes the creation of websites, print and digital products, design elements, layouts, image editing, and the delivery of print-ready or digital files.
Not included:
The client provides all necessary content (e.g. text, images, logos) in a timely manner and confirms they hold the rights to these materials. The client is fully responsible for all content and indemnifies Vivien Schmoller from any third-party claims.
Design drafts and final files are delivered digitally. The number of included revision rounds is agreed individually; generally, revisions are included until final approval within the agreed scope. Additional changes outside the scope or involving substantial effort may be charged separately.
After approval by the client, the project is considered complete. Further changes or additional services can be commissioned separately at any time.
For web projects: After acceptance, the website goes live. The client is responsible for checking the website’s content and technical accuracy. Post-launch changes are possible upon request and may incur additional costs. A complete redesign is not part of the ongoing support but can be commissioned separately.
Hosting Notice: The website is technically hosted and managed by Vivien Schmoller, either on her own server or platform. The domain may be registered through Vivien Schmoller or a third-party provider. In all cases, technical maintenance of the website remains with Vivien Schmoller.
Hosting and maintenance services (if commissioned) run for a minimum of 12 months and can be canceled with one month’s notice before renewal. Optional content maintenance is billed monthly.
4. Payment and Terms
Fees are based on the agreed offer, either as a flat rate or hourly rate. All prices are net and subject to applicable VAT.
Invoices are issued after project completion or, in the case of recurring services (e.g. hosting, maintenance), at the beginning of the agreed term. Payment is due within 5 days of invoice date without deductions.
Late Payment: In the event of delayed payment, I reserve the right to suspend further services until payment is made in full. Additional costs due to delays or chargebacks may be charged to the client.
Print Products: Print-ready files are delivered only after full payment has been received.
Recurring Services: These are typically invoiced annually in advance. Monthly billing is possible only upon prior agreement.
Invoice Disputes: Any objections regarding the accuracy or completeness of an invoice must be raised in writing within 7 days of receipt. Without feedback, the invoice is considered accepted.
5. Usage Rights & Copyright
All designs, layouts, drafts, and concepts created by Vivien Schmoller are protected by copyright. The copyright remains with Vivien Schmoller unless otherwise agreed in writing.
Upon full payment, the client receives the usage rights as defined in the offer:
Vivien Schmoller reserves the right to be named as the creator upon request. Violation of the right to attribution may result in compensation claims.
6. Trademark Rights / Client Responsibility
The client is responsible for ensuring that all content (text, images, logos, etc.) provided to Vivien Schmoller is free of third-party rights and that they hold the necessary usage rights. This applies in particular to:
The client indemnifies Vivien Schmoller from any third-party claims arising from legal violations related to the provided content.
7. Client Cooperation Duties
To ensure the successful and timely completion of a project, active cooperation from the client is essential. The client agrees to provide all necessary content and information completely, correctly, and on time – including texts, images, logos, access data, and specific content or design guidelines.
Clients are also expected to give prompt feedback on concepts, drafts, and project steps to avoid delays.
The client is solely responsible for the legal and content accuracy of the materials provided. This includes, in particular, copyright, trademark, and personal image rights.
Note: Delays caused by late or incomplete cooperation may shift the project timeline. In such cases, I reserve the right to adjust the schedule or charge for additional effort.
8. Revisions
Designs and content are created in close coordination with the client. Revisions are included until final approval within the agreed scope. Any new content or extra effort may be charged additionally.
9. Liability
The client confirms that they have the right to use and distribute all materials (e.g. texts, images, logos, graphics) provided. The client is fully liable for the content used or published as part of the project. Vivien Schmoller assumes no liability for copyright, trademark, competition law, or other legal infringements resulting from client-provided content. The client indemnifies Vivien Schmoller from all related claims.
Once drafts or final designs are approved, responsibility for the content and factual accuracy lies with the client. This applies in particular to printed products sent to production and websites that go live after approval.
Vivien Schmoller is not liable for:
Compensation claims are excluded unless based on intent or gross negligence. In cases of slight negligence, Vivien Schmoller is only liable for breaches of essential contractual duties (“cardinal obligations”), limited to foreseeable and typical damages.
The limitation period for claims for damages is three years from the date of the incident, unless shorter periods apply by law.
Consequential damages (e.g. lost profits, business interruptions) are excluded unless caused by gross negligence or intent.
10. Final Provisions
The place of jurisdiction is Berlin. German law applies. If any individual provision of these terms is found to be invalid, the validity of the remaining provisions remains unaffected.
11. Data Protection
The applicable privacy policy can be found here: Privacy Policy.
12. Cancellation Policy
Once the offer is accepted, there is no right of withdrawal. Any work already completed or preparations made will be billed proportionally in the event of project cancellation.
13. Contract Duration & Ongoing Support
Optional hosting and maintenance services have a minimum contract duration of 12 months, starting with the website going live, or—if not published—12 months after booking the service.
The contract will automatically renew for another 12 months unless terminated in writing with one month’s notice before the end of the current term.
The monthly fees are:
Additional services or updates beyond the monthly scope will be billed separately upon agreement.
In case of early termination by the client before the website goes live, I reserve the right to charge a flat cancellation fee to cover already rendered services and reserved capacity. The amount depends on project size and effort. Once paid, all mutual claims are considered settled and the contract is terminated.
14. Reference Usage
Vivien Schmoller is entitled to showcase the final project (e.g. website, logo, print product) as a reference on her own website, in presentations, or on social media. This includes naming the client, displaying a preview of the project, and linking to the client’s website – unless otherwise agreed in writing.