1. Agreement to Terms
By accessing www.38creative.house or engaging the services of 38 Creative House GmbH (“38 Creative House”, “we”, “us”, “our”), you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions (“Terms”). If you do not agree, you must refrain from using our website or services.2. Scope of Services
38 Creative House is a Berlin-based creative agency offering, among other things, concept development, design, branding, photo / film production, social-media content and related consulting. The exact deliverables, timelines and fees for any project are set out in a separate written agreement, quotation or statement of work (“Project Agreement”). Where these Terms and a Project Agreement conflict, the Project Agreement governs for that specific project.3. Quotations & Contract Formation
3.1 Non-binding quotations. Unless expressly designated as binding, all quotations are invitations to treat and may be amended or withdrawn at any time. 3.2 Conclusion of contract. A contract is formed when you accept our quotation in writing (e-mail suffices) or when we begin performing the services after receiving your approval. 3.3 Right to refuse. We reserve the right to decline projects at our discretion, e.g. if the subject matter conflicts with our ethical standards or capacity.
4. Client Responsibilities
4.1 Provision of assets. You must supply all information, materials and approvals we reasonably require, in the requested format and timeline. 4.2 Third-party rights. You warrant that any assets you provide (logos, images, fonts, etc.) do not infringe third-party rights and are free of malware. You agree to indemnify us for breaches of this warranty. 4.3 Approvals. You will review and sign off on interim and final deliverables without undue delay. A deliverable is deemed accepted if no written feedback is received within 10 calendar days.
5. Fees & Payment
5.1 Prices. All prices are net of statutory German VAT unless stated otherwise. 5.2 Invoices. Invoices are payable within 14 days of the invoice date without deduction. 5.3 Advance payments. For long or high-value projects we may invoice up to 50 % in advance. 5.4 Expenses. Out-of-pocket costs (travel, stock licences, couriers, etc.) are charged at cost plus a 10 % handling fee, provided you have approved them beforehand. 5.5 Late payment. Statutory interest (§ 288 BGB) accrues on overdue sums; we may also suspend work until payment is received.
6. Revisions & Changes
Unless the Project Agreement states otherwise, the agreed fee includes one round of minor revisions per deliverable. Additional changes or accelerated schedules require a written change order and may be billed at our standard rates.7. Intellectual-Property Rights
7.1 Ownership. Working files, drafts and concepts remain our property unless otherwise agreed in writing. 7.2 Licence. Upon full payment you receive a non-exclusive, worldwide, perpetual licence to use the final deliverables for the purpose defined in the Project Agreement. Any broader use (e.g. resale, sub-licensing, adaptation for new products) requires our prior written consent and may incur an additional licence fee.
8. Portfolio Rights
We may display the completed project, including your name and logo, in our portfolio and marketing materials unless you object in writing before project kick-off.9. Confidentiality
Both parties agree to keep confidential all non-public information disclosed by the other and to use it solely for the project. This obligation survives for three years after project completion.10. Warranties & Disclaimer
We warrant that we will perform our services with reasonable care and skill. Except for this express warranty, all services and deliverables are provided “as is”, without any further warranties, whether express or implied (e.g. merchantability or fitness for a particular purpose).11. Limitation of Liability
11.1 Unlimited liability applies for intent, gross negligence, injury to life, body or health, and under the German Product Liability Act. 11.2 Limited liability. For slight negligence we are liable only for typical, foreseeable damages arising from breach of essential contractual duties, capped at the net fee paid or payable for the relevant project. 11.3 Indirect damages. We are not liable for loss of profit, consequential damages or lost data not caused by our wilful misconduct.