General Terms and Conditions of Assignment Design Austria (GTC DA)

1. Applicability

These General Terms and Conditions of Assignment (GTC) apply to all design assignments (creative services) between the designer (DA) and the client (CL). They do not apply to the sale of originals or commercial services.

2. Basis of Cooperation

2.1. Each assignment is based on a framework (briefing) provided by the client, which the designer is required to fulfill. Within the parameters of the briefing, the designer has creative freedom in carrying out the assignment.
2.2. The designer creates the work independently and personally; however, the designer is entitled to engage qualified employees or cooperation partners to assist with execution.
2.3. Any advice provided by the designer is limited to the field of design; liability for professional advice under § 1299 of the Austrian Civil Code (ABGB) is limited to this area.
2.4. The client must ensure that all documents, information, and instructions necessary for optimal fulfillment of the assignment are made available to the designer in a timely and complete manner.

3. Copyright and Usage Rights

3.1. Unless otherwise agreed, the designer grants the client a right of use (exclusive usage right) to the created works. Programming services are excluded from this.
3.2. Upon full payment of the total fee and ancillary costs, the client acquires the agreed usage rights to the delivered works, in their delivered version, for the agreed purpose and scope. If no agreement was made on purpose and scope, the minimum usage required to fulfill the assignment is deemed to apply. Any further or different future use requires the designer's consent and additional remuneration.
3.3. Any modification, adaptation, or imitation of the provided works is prohibited unless the right to edit has been explicitly granted in writing and for a fee.
3.4. The rights granted to the client (or in the case of agencies, their customers or end-users) may only be transferred to third parties with the express consent of the designer, whether for payment or free of charge.
3.5. The client does not acquire ownership of drafts, final designs, or computer files. In the event of singular legal succession, all rights and obligations are transferred to the legal successor, but only to the extent agreed between the designer and the original client. Any expansion of use by the successor requires the designer’s consent.
3.6. If, after completion, cancellation, or termination of a framework or maintenance agreement, the client wishes to continue using the developed concepts, ideas, or works without change, an unrestricted usage right must be granted. If the works are to be modified, updated, or used as a basis for further development by the client or third parties, a separate right of modification must also be granted. The transfer of computer files requires a separate agreement.

4. Compensation for Presentations

4.1. All services provided by the designer are subject to fees, except for the preparation of performance, time, and cost plans necessary for a quote.
4.2. The client’s invitation to submit a presentation with preliminary drafts constitutes an assignment to deliver a defined scope of services. The amount of compensation for the presentation is freely negotiable and—unless otherwise agreed—corresponds to half of the standard design fee as appropriate compensation under §§ 1004, 1152 ABGB. Upon delivery of the presentation, the presentation contract is deemed granted, accepted, and fulfilled.
4.3. If, after a presentation, the client or competition organizer awards no contract at all or only a significantly reduced contract to the designer or another presenter, the designer is entitled to the full design fee in lieu of the reduced presentation fee.
4.4. The presentation fee does not include the granting of usage rights.

5. Services, Third-Party Services, and Production Supervision

5.1. A reasonable fee under §§ 1004, 1152 ABGB is deemed agreed for the provision of the desired service and the delivery of production data. The handover of development files is only part of the service if agreed in writing and for an additional fee.
5.2. The designer is authorized to perform necessary or agreed auxiliary services in connection with the assignment for a customary fee or to commission third parties to perform them in the name and at the expense of the client.
5.3. Coordination and supervision of production/reproduction (including color proofing or print supervision) may be assigned by the client to external production specialists or to the designer. This requires a separate contract and is subject to a fee.

6. Return and Retention

6.1. The client receives all documents, intermediate results, drafts, concept descriptions, and final designs on a fiduciary basis. Until the acquisition of usage rights, or in the case of rejection (non-use), the client may not reproduce, store in computer systems, or provide access to third parties for viewing or editing—except for decision-making purposes by market research institutions.
6.2. Original drafts and computer files must be returned or handed over to the designer undamaged, at the client’s risk and expense, as soon as they are no longer required for the agreed use.

7. Liability

7.1. The designer is not liable for slight negligence. In cases of gross negligence, the designer’s liability is limited to the amount of the fee (excluding incidental costs and VAT).
7.2. Defects must be reported to the designer promptly after receipt of the services, with a request for rectification within a reasonable period. If third parties are engaged despite the designer’s willingness to rectify defects, the client shall bear the resulting costs. The right to rectification expires six months after delivery.
7.3. The designer accepts no liability for the legal (especially competition, trademark, or regulatory) admissibility of designs or developments. Nor is the designer liable for the accuracy of texts or images if the work has been approved by the client or if the client was at least offered the opportunity for review.
7.4. Where the designer commissions necessary or agreed third-party services in the name and on behalf of the client, those contractors are not vicarious agents of the designer.
7.5. Materials provided by the client (photos, texts, models, samples, etc.) are used under the assumption that the client is authorized to use them and that no third-party rights are infringed in doing so. The client is liable to the designer in accordance with § 86 UrhG for any unlawful use, in double the amount of the appropriate fee for such use, provided this was at least negligently permitted or tolerated by the client.

8. Name Attribution and Sample Copies

8.1. According to § 20 UrhG, the designer is entitled to affix their name, pseudonym, company name, or logo on each of their designed works/products, as well as on advertising materials or publications related to them. The form and duration of the designation can be agreed with the client.
8.2. In accordance with § 26 UrhG, the designer retains the right to use images of the works/products they designed for self-promotion (in printed form or online).
8.3. For three-dimensional objects, the designer is entitled to receive free photographic copies of the items produced using their design, as well as one specimen copy, provided this does not involve disproportionately high costs. For printed materials, the designer is entitled to at least five copies of the designed works.

9. Withdrawal and Cancellation

9.1. The client and the designer are both entitled to withdraw from the contract without stating reasons after submission of the initial presentation. In this case, the client must pay the presentation fee in accordance with section 4.2 of the GTC DA.
9.2. If the client cancels the assignment during the design or execution phase or during an ongoing framework agreement for reasons not attributable to the designer, or reduces the scope of the assignment, the client is obligated to compensate the designer for the design fee and all costs incurred up to that point.
9.3. Additionally, the designer is entitled to charge for unused reserved capacity and any resulting damages. Usage fees will not be charged, and all rights remain with the designer.

10. Final Provisions

10.1. Any agreements that deviate from or supplement the GTC DA, as well as all framework agreements, must be made in writing.
10.2. Austrian law exclusively applies. The place of performance and jurisdiction is the business location of the designer.