NOVACREAS — LEGAL
Terms & Conditions
General Terms & Conditions for business clients.
1. Definitions
1.1 Client: Any natural or legal person acting in the course of their commercial or independent professional activities who enters into an agreement with NOVACREAS.
1.2 Agreement: Any agreement between NOVACREAS and the Client concerning the provision of branding, graphic design, web design, social media or related creative services.
1.3 Services: All creative, strategic, digital and design services provided by NOVACREAS under the respective agreement.
2. General Provisions
2.1 These Terms & Conditions apply to all quotations, agreements, products and services provided by NOVACREAS, including agreements concluded through:
- The official website www.novacreas.com
- Email correspondence
- Telephone communication
- WhatsApp communication
- Written orders
- Social media inquiries
- Verbal agreements
2.2 NOVACREAS makes reasonable efforts to ensure that information provided through its communication channels is accurate and current. However, errors or omissions may occur.
2.3 These Terms & Conditions become part of the Agreement when they are validly incorporated into the contractual relationship.
2.4 Any deviations from these Terms & Conditions must be expressly agreed upon by both parties. Individual contractual agreements take precedence over these standard terms.
3. Privacy & Data Protection
3.1 NOVACREAS respects the privacy of its Clients and processes personal data in accordance with applicable data protection legislation.
3.2 Personal information may include names, business addresses, email addresses, telephone numbers and other information necessary for providing the agreed services.
3.3 Personal data may be shared with service providers where necessary for contractual performance and where a valid legal basis exists.
3.4 Further information concerning personal data processing is provided in NOVACREAS' separate Privacy Policy.
4. Quotations & Agreements
4.1 An Agreement is established when the Client accepts a quotation or proposal and the contract is validly concluded.
4.2 Quotations are based on the information and project requirements supplied by the Client.
4.3 Changes to the agreed scope may result in additional charges, subject to the Client's approval.
4.4 Previously quoted prices and promotional offers do not automatically apply to future projects.
4.5 Project confirmations may take place through email, WhatsApp or other mutually agreed communication channels.
5. Project Timeline & Delivery
5.1 NOVACREAS and the Client will agree on a project start date and an estimated delivery timeline.
5.2 Delivery dates are estimates unless expressly agreed to be binding.
5.3 Delays may occur due to additional revisions, unforeseen circumstances or delays in receiving necessary materials and feedback from the Client.
5.4 Final deliverables will be provided in the formats specified in the project agreement.
5.5 Editable source files, including original design files, are not automatically included unless expressly agreed upon.
5.6 NOVACREAS is not obligated to provide training on the use or modification of delivered designs unless such training forms part of the agreed services.
6. Client Communication & Inactivity
6.1 NOVACREAS will commence the project once the agreed deposit has been received and all necessary project information is available.
6.2 The Client is responsible for providing timely feedback, approvals and requested materials.
6.3 If the Client fails to respond for three consecutive days, NOVACREAS may continue working based on previously approved specifications, where reasonably possible.
6.4 NOVACREAS will make reasonable efforts to notify the Client before finalizing a project due to prolonged inactivity.
6.5 Additional changes requested after project completion may be charged separately.
7. Client-Provided Materials
7.1 The Client may provide text, photographs, graphics, logos and other materials for use within the project.
7.2 The Client confirms that they own the necessary rights or have obtained appropriate permissions for all supplied materials.
7.3 The Client is responsible for ensuring that the supplied materials comply with applicable copyright, trademark and intellectual property laws.
7.4 NOVACREAS is not responsible for claims arising solely from unauthorized materials supplied by the Client, to the extent permitted by applicable law.
7.5 The Client remains responsible for the accuracy and legality of content provided for websites, branding materials and other deliverables.
8. Usage Rights & Licensing
8.1 Unless otherwise agreed, the Client receives the agreed usage rights to final approved designs upon full payment of the respective project fees.
8.2 The scope of usage rights is determined by the project agreement and the intended contractual purpose.
8.3 Unless otherwise agreed, the granted usage rights are perpetual and limited to the purposes specified in the Agreement.
8.4 The granting of usage rights does not constitute a transfer of copyright ownership.
8.5 NOVACREAS may showcase completed projects within its portfolio, website and social media channels, subject to applicable confidentiality obligations and any individual agreements.
8.6 NOVACREAS may reuse general design methods, techniques and non-exclusive creative elements in future projects, provided this does not infringe the Client's rights or confidentiality.
9. Changes to Project Scope
9.1 If additional work or changes become necessary during the project, both parties will discuss the revised scope.
9.2 Services outside the originally agreed scope may be subject to additional fees.
9.3 NOVACREAS will communicate additional costs and request approval before proceeding with chargeable work outside the agreed scope.
10. Confidentiality
10.1 Both parties agree to keep confidential all sensitive business, financial, creative and personal information obtained during their professional relationship.
10.2 Information shall be considered confidential when expressly identified as such or when its confidential nature is reasonably apparent.
10.3 Confidential information may not be disclosed without authorization, unless disclosure is required by law or necessary for contractual performance.
11. Intellectual Property Rights
11.1 Copyright in original creative works developed by NOVACREAS remains with the respective author in accordance with German copyright law.
11.2 The Client receives the contractual usage rights agreed upon for the completed deliverables.
11.3 The Client may not use designs beyond the agreed license without obtaining the necessary additional rights.
11.4 Additional or exclusive usage rights may be requested separately and may be subject to additional fees.
11.5 Delivery of editable source files does not automatically grant additional copyright usage rights.
11.6 NOVACREAS may request appropriate creator attribution where permitted by the Agreement and applicable law.
12. Payment Terms
12.1 Unless otherwise agreed, invoices must be paid within seven calendar days of the invoice date, provided the payment claim is due.
12.2 A deposit of 50% of the total project fee is required before commencement of the project, unless otherwise agreed.
12.3 The deposit reserves project capacity and covers initial preparation and creative work.
12.4 The deposit will be credited towards the total project fee.
12.5 In the event of cancellation, the treatment of the deposit will depend on the work performed, contractual rights and applicable German law.
12.6 The remaining balance must be paid according to the agreed payment schedule.
12.7 Where the statutory requirements for payment default are met, NOVACREAS may charge statutory default interest and applicable recovery costs.
13. Failure to Pay
13.1 If an outstanding invoice remains unpaid, NOVACREAS may issue a payment reminder and pursue payment through appropriate legal means.
13.2 Outstanding payments may be referred to a collection agency or legal representative.
13.3 Statutory default interest and legally recoverable costs may be charged where the requirements of German law are satisfied.
13.4 NOVACREAS may suspend services or withhold deliverables where legally permitted and justified by the Client's failure to fulfill payment obligations.
14. Cancellation & Termination
14.1 The Client may request cancellation of a project by notifying NOVACREAS.
14.2 The consequences of cancellation depend on the contractual arrangement, project stage, services already performed and applicable German law.
14.3 Payments already made will be accounted for in accordance with the parties' contractual and statutory rights.
14.4 NOVACREAS may claim payment for services performed or other legally recoverable amounts where permitted by applicable law.
14.5 Project start dates may be rescheduled by mutual agreement, subject to availability.
14.6 Mandatory statutory termination rights remain unaffected.
15. Client Satisfaction & Revisions
15.1 NOVACREAS aims to deliver creative solutions aligned with the Client's vision, objectives and agreed budget.
15.2 The Client is encouraged to provide clear and constructive feedback.
15.3 The number of included revision rounds is determined by the respective project proposal or agreement.
15.4 Additional revisions or substantial changes beyond the agreed scope may be charged separately.
15.5 If both parties cannot reach an acceptable final result, they may mutually agree to terminate the project.
15.6 Outstanding payments and rights to unfinished work will be determined by the Agreement and applicable law.
15.7 Unfinished or unpaid designs may not be used beyond the rights granted under the Agreement.
16. Printing & Production
16.1 NOVACREAS does not directly manufacture printed materials but may assist with preparing files and coordinating third-party printing services.
16.2 NOVACREAS is not responsible for errors caused solely by independent printing providers, except where liability cannot legally be excluded.
16.3 The Client is responsible for reviewing and approving artwork before printing.
16.4 Minor variations in color, texture and finish may occur due to production methods and materials.
16.5 Colors displayed on digital screens may differ from printed results.
17. Liability
17.1 NOVACREAS is liable in accordance with applicable German law.
17.2 NOVACREAS shall be liable without limitation for damage caused intentionally or through gross negligence, and for injury to life, body or health caused by a negligent or intentional breach of duty.
17.3 In cases of slight negligence involving a material contractual obligation, liability may be limited to damages that were typically foreseeable at the time of contracting, to the extent permitted by applicable law.
17.4 NOVACREAS is not responsible for damage caused solely by incorrect or incomplete materials supplied by the Client, provided NOVACREAS has not breached any applicable duty.
17.5 Mandatory statutory liability, including liability under applicable product liability law and any expressly assumed guarantees, remains unaffected.
18. Changes After Final Approval
18.1 Once the Client approves the final design, NOVACREAS will prepare and deliver the agreed files.
18.2 Additional changes requested after final approval may be subject to separate charges.
18.3 Such changes may include:
- Color adjustments
- Typography changes
- Text modifications
- Layout changes
- File format conversions
- Dimension or size adjustments
18.4 The Client is responsible for carefully reviewing all designs, content, dimensions and specifications before final approval.
18.5 NOVACREAS will communicate additional charges before performing chargeable post-approval modifications.
18.6 Mandatory statutory rights relating to defective performance remain unaffected.
19. Governing Law, Jurisdiction & B2B
19.1 These Terms & Conditions are governed by the laws of the Federal Republic of Germany.
19.2 NOVACREAS provides its services exclusively to entrepreneurs acting in the course of their commercial or independent professional activities within the meaning of Section 14 of the German Civil Code (BGB).
19.3 These Terms & Conditions are not intended for contracts with consumers within the meaning of Section 13 BGB.
19.4 Where the Client is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts at NOVACREAS' registered place of business shall have jurisdiction to the extent permitted by law.
19.5 Mandatory provisions of applicable law remain unaffected.