The website www.nameydodesigns.com and the services offered there are presented by the
NAMEYDO GmbH, Im Mediapark 6a, 50670 Cologne, Germany.
NAMEYDO is registered in Germany, District Court Cologne, under the HRB number: 87976.
1.1 The following general terms and conditions apply exclusively to all contracts for graphic
design services between NAMEYDO and the client. This also applies in particular if the
customer uses general terms and conditions and these conditions differ from the general
terms and conditions of business stated here.
1.2 The general terms and conditions set out here also apply if NAMEYDO carries out the
order unconditionally in the knowledge of conditions of the client deviating from, or
deviating from the conditions set out here.
1.3 Deviations from the conditions listed here are only valid with the explicit written consent
of the NAMEYDO.
2 Object of the contract, copyright and rights of use
2.1 Each order placed with NAMEYDO is a copyright agreement, which is aimed at the
granting of usage rights to the works. The review of the competition lawfulness of the work
of the NAMEYDO is not covered by the contract. It does not include the examination of the
trademark or other property rights or the usability of the work of NAMEYDO. Corresponding
market searches are the responsibility of the client.
2.2 All designs and reproductions are subject to the copyright law. The provisions of this Act
shall also apply between the parties even if the necessary protection requirements. In such a
case in particular, the provisions of copyright law of §§ 31 et seq; in addition, the parties are
entitled in particular to the copyright claims of §§ 97 et seq of the German Copyright
2.3 The designs and reproductions may not be altered or passed on to third parties without
the explicit consent of NAMEYDO in the original or in the reproduction. Any imitation, even
of parts, is prohibited. A breach of this clause 2.3 sentence 1 and 2 entitles NAMEYDO to
demand a contractual penalty of at least 100 percent of the agreed remuneration in addition
to the remuneration in any case. In case of doubt, the amount of the contractual penalty will
be determined by the Regional Court of Cologne.
2.4 NAMEYDO grants the customer the rights of use its product exclusively for the agreed
upon purpose. Unless otherwise agreed, only the simple right of use is granted. A transfer of
the rights of use to third parties requires a written agreement.
2.5 The rights of use shall only be transferred to the customer after the payment has been
paid in full.
2.6 Drafts may only be used for the agreed scope of use (in terms of time, space and
content). Any use beyond the agreed scope of use (in terms of time, space and content) is
not permitted and entitles NAMEYDO to demand a contractual penalty of 100 percent of the
agreed remuneration for this extended use in addition to the payment in any case. In case of
doubt, the amount of the contractual penalty will be determined by the Regional Court of
3.1 The complete service entails designs and inventories together with the granting of rights
3.2 The production of drafts and all other activities that NAMEYDO provides to the customer
are subject to charges, unless otherwise expressly agreed.
4 Maturity of remuneration, decrease, delay
4.1 The remuneration is payable 100 percent upon delivery of the work. It is payable
immediately without deduction. If the order for NAMEYDO requires advance payments,
advance payments must be made in full in advance.
4.2 The acceptance may not be refused for any artistic reasons. Within the scope of the
contract there is freedom of design.
4.3 In the event of a default of payment, NAMEYDO may charge default interest of eight
percent above the respective base rate of the European Central Bank p. a. The assertion of a
proven higher damage remains reserved.
5 Special services, incidental and travel expenses
5.1 The design work offered includes two correction / modifications. Any additional costs
will be charged according to expenses. Special services, such as the processing or alteration
of inventories, manuscript studies or pressure monitoring, are calculated separately
according to time.
5.2 NAMEYDO shall be entitled, after prior agreement with the customer, to order the
necessary external services for the order fulfilment in the name and for the account of the
customer. The client undertakes to give the appropriate authorization to NAMEYDO.
5.3 Insofar as individual contracts are concluded in the name and on behalf of NAMEYDO,
the client undertakes to release NAMEYDO in the internal relationship from all liabilities
resulting from the conclusion of the contract.
5.4 Costs for technical ancillary costs, in particular for special materials, for the production of
models, photographs, interim photographs, reproductions, set and printing etc., shall be
reimbursed by the customer.
5.5 Travel expenses and expenses for journeys which are to be undertaken in connection
with the contract and agreed with the client shall be reimbursed by the customer.
6 Ownership of designs and data
6.1 Only rights of use shall be granted to drafts and inventories, but not ownership.
6.2 The originals shall be returned undamaged without undue delay after a reasonable
period, unless otherwise agreed in writing. In the case of damage or loss, the customer shall
replace the costs necessary for the restoration of the originals. The assertion of further
damages shall remain unaffected.
6.3 The data and files resulting from the fulfilment of the contract remain the property of
NAMEYDO. There is no obligation to publish data and files to the client. If the customer
wishes to receive their publication, this shall be agreed and remunerated separately.
6.4 If NAMEYDO has provided the customer with data and files, these may only be changed
with the prior written consent of NAMEYDO.
6.5 The dispatch of all items referred to in items 6.1 to 6.4 shall be at the risk and expense of
7 Corrections, production monitoring, document copies and self-promotion
7.1 Prior to the distribution of NAMEYDO`s work, correction samples must be provided.
7.2 The production monitoring by NAMEYDO is carried out only on special agreement. When
taking over production monitoring, NAMEYDO is entitled to make the necessary decisions
and give appropriate instructions at its own discretion.
7.3 Of all the duplicated work, the client shall leave NAMEYDO ten copies free of charge.
NAMEYDO is entitled to use these samples and all the work resulting from the fulfilment of
the contract for the purpose of self-promotion in all media and to point out the action for
8.1 NAMEYDO shall be liable for damages incurred, such as, for example, pictures, films,
displays, layouts, etc. provided only on intent and gross negligence, except for damages from
injury to life, body or health; For such damages, NAMEYDO is liable also with slight
negligence. Moreover, in the case of slight negligence, it is only liable if a duty is violated,
which is of particular importance for achieving the purpose of the contract (cardinal
8.2 For orders placed on behalf of, and at the expense of the customer, NAMEYDO assumes
no liability whatsoever to the customer. In these cases, NAMEYDO merely acts as an
8.3 With the approval of drafts by the customer, the customer assumes responsibility for the
technical and functional correctness of the product, text and image.
8.4 Liability for any designs or reproductions approved by the Client shall be nullified by
8.5 Complaints of obvious defects shall be made in writing within 14 days after delivery of
the work in writing NAMEYDO. The timely sending of the complaint is sufficient to meet the
8.6 In case of data loss due to force-majeure or hardware/software corruption, NAMEYDO
assumes no liability. This also applies to source files of a website. Updates of an existing file
can be rejected in case of a data loss or the reproduction in consultation with the client after
8.7 In the case of photoshootings, NAMEYDO assumes that persons photographed have
transferred their rights to the client. The customer undertakes to examine the photos
provided for their legally safe use. The client shall be liable for possible claims for
9 Design freedom, execution of the order and templates
9.1 Within the scope of the contract there is freedom of design. Complaints regarding the
artistic design are no valid. If the customer wishes to make changes during, or after
production, he / she has to bear the additional costs incurred.
9.2 If the performance of the order is delayed for reasons for which the customer is
responsible, NAMEYDO may demand a reasonable increase in the remuneration. In the case
of willful intent or gross negligence, NAMEYDO may also claim damages. This shall not affect
the assertion of a further breach of default.
9.3 The client guarantees that he is entitled to use all the templates submitted to NAMEYDO.
If he is not entitled to use this, the client shall indemnify NAMEYDO from all third party
10 Contract resolution
10.1 If the client terminates the contract prematurely, NAMEYDO shall receive the agreed
remuneration, but shall be obliged to allow reductions for expenses incurred or any
substitute orders executed or maliciously omitted (§ 649 BGB). The parties agree to a lump
sum of the benefits and expenses paid up to the termination as follows: 10% of the agreed
remuneration in the event of termination before commencement of employment. In
addition, different individual agreements are possible. The customer is entitled to prove the
actual lower performance or higher expenses.
11 Other conditions
11.1 Contracts concluded pursuant to this Agreement shall be governed by German law.
11.2 The user may assign rights and obligations from the contract to third parties only with
the prior written consent of NAMEYDO. This does not apply if the assignment is expressly
permitted in a written agreement.
11.3 If a provision of these general terms and conditions or a contract concluded hereunder
is or is not enforceable in whole or in part, this shall not affect the effectiveness and
enforceability of the remaining provisions of these General Terms and Conditions or of the
contract in question. This does not apply if in this case the adherence to the contract would
constitute an unreasonable hardship for a party.
11.4 The place of performance is Cologne. Exclusive court of jurisdiction for all disputes
arising from and in connection with contracts, including checks and bills of exchange, shall
be Cologne, insofar as the user is a merchant, a legal person of public law or a public special
fund. This does not apply to the dunning procedure. Both parties shall remain entitled to
institute judicial proceedings also at the registered office or general jurisdiction of the other
11.5 Verbal ancillary agreements do not exist. Changes and supplements will be effective by
written confirmation of NAMEYDO. This also applies to a waiver of this requirement.
11.6 NAMEYDO shall be entitled to use third parties, including its affiliates, to perform
contractual obligations under these agreements.
11.7 As long as the customer uses productively a contract product or services of NAMEYDO,
NAMEYDO can name the user as a reference customer using their company logo.
11.8 With the exception of the obligation to make payments, each party shall be exempted
from fulfilling its contracts hereunder as long as this is impossible due to force-majeure.
Force-majeure shall include, in particular, strikes or legal lockouts, fire, flooding, official
measures, default or non-fulfillment by suppliers, earthquakes, failure of- and interference
in- other network operators’ communications or other circumstances beyond the control of
the respective beneficiary party.