Terms & Conditions

1. General

The following General Terms and Conditions apply to all contracts for design services between YOUonEarth, resp. Maria Kistner (hereinafter referred to as "designer") and the client (hereinafter referred to as "client").

2. Subject matter of the contract, copyright and right of use

YOUonEarth offers comprehensive design services focused on the development and creation of designs and media through a unique and soul aligned visual brand & website experience.

2.1. The subject of this contract is the development and creation of designs and media in the areas of branding, web design, print design and copywriting.

2.2. Feedback loops & timeframe
The design services offered include individually tailored creation time and correction loops for each offer. These are as follows:

2.2.1. WEBSITE REBIRTH
- Creatrix: 2 months creation - 3 feedback loops
- Queen: 3 months creation - up to 3 correction loops per page
- Goddess: 5 months creation - up to 3 correction loops per page

2.2.2. THE EXPERIENCE
- 1 month creation - 1 feedback loop for the first design draft, 3 feedback loops for the landing page

2.2.3. UNIQUORN
- 1 month creation - 1 feedback loop for Soul World Portal

2.2.4. SOUL AVATAR PORTRAIT
- 2 feedback loops for Soul Avatar Artwork

For each additional correction loop or work or modification on or with the website or the designs beyond the package, unless otherwise agreed, a flat rate of €120/h will be charged.

For any delay or overdue f the agreed timeframe caused by the client, unless otherwise agreed, a flat rate of €120/h will be charged.

3. Order & Booking of Service

The client can order their service verbally, in written form or through booking the design service via the YOUonEarth website. The client will then receive an order confirmation from the designer, indicating the begin of the process and development of the client’s design from this point on. If the client does not expressly object to the order in writing within seven days, it is deemed to have been accepted.

4. Ownership and Usage Rights

4.1 All orders are copyright contracts that grant the client the spatially and temporally unlimited right to use the works within the agreed frame, not ownership.

4.2. The designer grant the usage rights required for the respective purpose. Unless otherwise agreed, only the simple usage right is granted. In terms of content, the usage right is limited to the contractually specified types of use or the types of use resulting from the purpose of the contract. A transfer of usage rights to third parties requires written agreement.

4.3. If the usage right is to be later expanded to other types of use, this must be agreed in writing in advance. In this case, the designer is entitled to a (further) appropriate remuneration according to § 32 UrhG.

4.4. The usage rights pass to the client only after complete completion and payment of the fee.

4.5. Any re-use of the drafts and final artwork requires prior written consent by the designer. The same applies to uses that go beyond the originally agreed or intended scope. For each re-use or additional use that occurs without consent of the designer, the client is obliged to pay a contractual penalty in the amount of 100 percent of this fee, in addition to the appropriate fee for the respective use.

4.6. If the client use reproductions such as ebooks or prints, the designer must be credited as the author in the imprint:
e.g., "Design by YOUonEarth"
Mentions, tags & referal links in online advertising like Social Media posts are welcomed & appreciated.

5. Artwork & Design Files

5.1. After completing the client’s design, the client will receive the data outlined in the offer as a digital file in a zip folder. The data and files created in fulfillment of the contract remain designer’s property. The designer is not obliged to hand over data and files, especially working files and layouts created on the computer. If the client wish to receive them, this must be agreed and compensated for separately.

5.2. If the designer has provided the client with computer files, these may only be modified with prior consent by the designer.

5.3. If the client intend to register formal protective rights for the drafts, final artwork, or any other work of the designer in an official register, prior written consent is required.

5.4. I reserve the right to include notices of creation at appropriate locations on the website. The client may not remove these notices without consent.

5.5. By placing the order, the client agrees that the designer may advertise their work on various channels and media (such as website and social media) and mention or publish the client’s drafts and reproductions, as part of self-promotion.

6. Payment, Default, Contract Termination

6.1. Payment is agreed upon order placement. For individually agreed orders or work that goes beyond the agreed package or involves significant additional effort, billing is based on time spent. An agreed hourly rate is billed in time units of hours begun and amounts to, unless otherwise agreed, €120 per hour.

6.2. Payment is due upon order placement and is to be paid immediately and without deduction

6.3. Total price can be broken into 2 equal milestones, please contact me for milestone payments setup. The first down payment is due prior to the commencement of the service and the second milestone after the design is approved.

6.4. In case of default in payment, the designer reserves the right to demand default interest at eight percent above the respective base rate of the European Central Bank p. a. Claiming compensation for proven higher damages remains reserved.

6.5. If an order is canceled before completion, the designer is entitled to invoice the expenses incurred up to that point. In this case, the designer bases it on the time already spent, but at least 50% of the total amount of the booked service.
Therefore, in the event of cancellation or termination of orders by the client, the client must reimburse the designer for already provided partial services. By paying this flat rate for expenses, the client does not acquire any rights to the work or designs already provided; designs or concepts that have not been executed must be returned to the designer immediately and may not be used.

7. Freedom of Design, Execution of the Contract, and Obligation to Cooperate

7.1. Within the scope of the contract, there is freedom of design. Complaints regarding artistic design are excluded. By agreeing to package-specific correction loop limits, the client consents that any additional costs arising from change requests during or after development will be borne by them. The designer reserves the right to compensation for work already commenced.

7.2. If the execution of the contract is delayed due to reasons attributable to the client, the designer may demand a reasonable increase in compensation. In cases of intent or gross negligence, the designer may also assert claims for damages. The assertion of further damages due to delay remains unaffected.
7.2.1. If the client cannot provide all necessary documents/templates within the agreed-upon timeframe, the designer grant the client a deadline of three weeks to ensure the timely continuation of other projects.
7.2.2. If the client fails to meet the deadline due to lack of cooperation, the designer is entitled to: a) withdraw from the contract and invoice their expenses up to that point or b) issue an advance invoice regardless of the order volume.

7.3. By issuing and providing any templates, such as images, texts, or other content, the client assures that they are authorized to use them. Should the client not be authorized to use them contrary to this assurance, the client indemnify the designer from any claims by third parties.

7.4. The examination of the legal admissibility of the design work regarding competition law is not part of the contract. It also does not include the examination of trademark or other intellectual property registration or usability of the designer work. Corresponding research is the client’s responsibility.

7.5. For websites, the client is solely responsible for legally compliant website design.

7.6. Upon handing over photos, the designer assumes that individuals photographed have transferred their image rights to the client. The client undertakes to verify the provided photos for their legally unobjectionable use. The client is liable for any recourse claims.

8. Warranty

8.1. The designer undertakes to carry out the client’s order with the utmost care, particularly in handling provided templates, documents, and samples, etc. The designer also guarantees not to disclose any confidential documents to third parties.

8.2. Any complaints of any kind must be submitted to the designer in writing within 14 days after delivery of the work. Subsequently, the work is considered accepted without defects.

9. Liability

9.1. Unless otherwise provided in the following provisions, the contracting parties are liable for damages and reimbursement claims, regardless of the legal grounds, in accordance with statutory provisions.

9.2. Liability for damages caused intentionally or through gross negligence by one of the contracting parties, as well as for damages resulting from injury to life, body, or health, is unlimited in amount.

9.3. In all other cases, the contracting parties are only liable insofar as it concerns the breach of an essential obligation, the fulfillment of which enables the proper execution of the contract in the first place and on which the other contracting party may rely (‘cardinal obligation’), but always limited to the typical, foreseeable damage.

9.4. The contracting parties assume that the typical, foreseeable damage for each individual case of damage does not exceed €750.

9.5. The designer does not assume liability for damages resulting from unauthorized third-party interventions.

9.6. The designer does not assume liability for the accuracy of licensed software or freeware/shareware.

9.7. Claims for damages expire one year after the statutory commencement of the limitation period. This does not apply in cases of intent or gross negligence and in cases of injury to life, body, or health. In these cases, the statutory limitation period applies.

9.8. Liability under the Product Liability Act remains unaffected.

10. Confidentiality

All information shared during the design process will be kept strictly confidential, except where disclosure is required by law.

11. Legal Disclaimer

YOUonEarth Design Service are provided for promotional and marketing purposes only. The designer is not liable for any outcomes or results achieved through the website.

12. Final Provisions

12.1. Unless otherwise stated in the order confirmation, the place of performance is the designer's place of business.

12.2. The invalidity of any of the above conditions does not affect the validity of the remaining provisions.

12.3. German law applies.

12.4. If the client is a merchant, the place of jurisdiction is the designer's place of business. The designer is also entitled to sue at the place of business of the client.

By engaging in any services of YOUonEarth, you acknowledge that you have read, understood, and agree to abide by these terms and conditions.