Terms & Conditions
Olga Gette
createconnect.agency
Frankfurt, Germany
Mobile: 0049 15773782878
Wechat: 089 13811132450
§ 1 G E N E R A L
These terms and conditions regulate the business relationships between the parties createconnect.agency and the client, unless other individual agreements are made between the parties in written form.
§ 2 S U B J E C T O F C O N T R A C T
createconnect.agency provides services including, but not limited to: design concepts for apparel and accesories collection development based on design brief communicated by the client, trend analysis and market research relevant to the client's brand positioning, design sketches created by hand and computer aided drawings, development of technical packages to communicate design execution to suppliers provided by the client, supplier sourcing upon request, organisation and on site support for photo shoots, rental of the agency's own photo studio and external photo shoot location scouting, model casting.
§ 3 S E R V I C E F E E S
A binding contract only enters into force after the client receives and signs a written confirmation of services to be provided by createconnect.agency.
In case of fixed price agreements the agreed price applies to all of the services included in the description of services requested by the client. Otherwise, the unit price according to the price list or the quote applies, progressing as follows:
Additional further expansions or amendments of the services requested must be confirmed in written form by both parties, the client is liable for an additional charge for any additional services to be provided by createconnect.agency. All costs which arise as a result of the contract between the parties (e.g. material costs, travel and accommodation costs, location rental costs, model fees) have to be covered by the client. All costs are subject to the applicable statutory VAT. If createconnect.agency is required to engage the services of third parties (e.g. manufacturing suppliers, subcontractors), the client bears all costs quoted by third parties involved, plus a handling fee of 10% of these costs to createconnect.agency. The agreed fee is due regardless of the success of the project.
By signing the contract the client is accepting the services to be provided by createconnect.agency in the form presented. The client bears all costs arising as a result of his request for change or termination of contract.
§ 5 O B L I G A T I O N
O F T H E C L I E N T
The client is obliged to support createconnect.agency if necessary to fulfil the services as agreed on in the contract by providing information and data or a sufficient number of its own employees for successful communication. createconnect.agency is not responsible if it is not able to fulfil its contractual obligations in full or in part, or is not able to do so in sufficient time, if the denial of cooperation by the client affects the confirmed lead time and delivery of services requested.
§ 8 N E G O T I A T I O N S
W I T H T H I R D P A R T I E S
createconnect.agency is authorised to conclude negotiations with third parties (e.g. manufacturing suppliers, subcontractors) in the name of the client on the basis of the contract. createconnect.agency is obliged to negotiate all usage, disposal and access rights in the name of the client
§ 7 R E S E R V A T I O N
O F O W N E R S H I P
All content created by createconnect.agency based on contractual agreement between the parties including all copyrights and rights of use remains the property of createconnect.agency until the complete fulfilment of all of its requirements towards the client arising from the contractual relationship. The agency has a right of withdrawal in the case of a breach of obligations on the part of the client, in particular in the case of a default of payment. The client is obliged to release the createconnect.agency from it's contractual duties.
The reproduction or transmission of documents provided by createconnect.agency in association with the contract, in particular portfolio samples, photographs, drawings, sketches etc. requires the agency's express authorisation in written form. The client commits to pay createconnect.agency a contractual penalty for any cases of infringement of these provisions.
§ 6 L E A D T I M E A N D
D E L I V E R Y O F S E R V I C E S
Lead time and date of delivery is valid as agreed on by both parties in written form. The agency is not responsible for delays of delivery due to force majeure (e.g. strike, traffic breakdown, general disruptions of telecommunications etc.), circumstances which are the responsibility of the client (e.g. non-performance of the obligation to cooperate in sufficient time) and delays caused by third parties involved necessary to conclude services as requested . Delays caused by the client or third parties involved entitle createconnect.agency to delay the delivery of the services requested by the time of the duration of impediment plus an appropriate planning period. The agency commits to inform the client of any delays of performance immediately.
§ 4 P A Y M E N T T E R M S
All costs as specified and agreed on in the contract between the parties must be paid in full in advance. Receipt of payment is condition for the obligation of createconnect.agency to provide the requested services to the agreed extent. createconnect.agency is entitled to make full claim for payment of additional fees which arise as a result of the contract between the parties upon delivery of services requested. Defaulting on payment within 30 days after full delivery of services results in 10% surcharge to be covered by the client.
