Terms & Conditions & Imprint

Dr. Linda Prossliner, BA, MA

Linguist, writer, copywriter Partita IVA: 03162220218

General Terms and Conditions of Dr. Linda Prossliner, BA, MA

1.1 The texts and concepts of the copywriter may not be altered, either in the original or in reproduction, without the express consent of the copywriter. Any imitation, even of parts, is not permitted. A breach of this provision entitles the copywriter to demand a contractual penalty amounting to twice the agreed remuneration.

1.2 The copywriter shall transfer to the client the rights of use required for the respective purpose. Unless otherwise agreed, only the single right of use shall be transferred in each case. Multiple use across different media shall be compensated by the payment of corresponding surcharges. The scope of the rights to be transferred shall be agreed when the order is placed. A transfer of the rights of use to third parties requires a written agreement between the copywriter and the client. The rights of use shall not be transferred until the remuneration has been paid in full.

1.3 The copywriter has the right to be named as the author on the reproductions and on websites. A violation of the right to be named entitles the copywriter to compensation. Without proof of higher damages, the compensation shall amount to 100% of the agreed remuneration. The right to claim higher damages upon proof remains unaffected. If the client proves that no damage or considerably less damage has been incurred, the amount of compensation shall be adjusted accordingly.

1.4 Proposals by the client or his/her other cooperation have no influence on the amount of remuneration. They do not constitute a joint copyright.

1.5 The client does not acquire any rights of use to all ideas, suggestions, drafts and materials of the copywriter. The client acquires these only after the order has been placed and the fee has been paid. The transfer of drafts by the copywriter to third parties is prohibited.

2 Remuneration

2.1 The preparation of texts and concepts and all other activities performed by the copywriter for the client, as well as consultations/coaching, are subject to a fee and shall be charged at the agreed hourly rate, unless expressly agreed otherwise. This also applies to the creation of work concepts/collections of ideas which go beyond simple quotations.

2.2 Remuneration shall be based on the rates specified by the copywriter or the rates agreed between the copywriter and the client. The fees are gross amounts and shall be sent to the Client in writing by means of an electronic invoice with the required payment details. Electronic invoices whose total gross amounts exceed 77.47 euros must be provided with a stamp at 2.00 euros. A stamp duty is a tax in lieu of VAT that is levied on receipts and invoices in certain cases where the total amount exceeds EUR 77.47. The amount of the stamp duty is levied at the time of payment. The amount of the stamp duty is added to the total amount and is paid by the customer. Unless otherwise agreed, the remuneration also covers the granting of the simple rights of use.

2.3 If the texts and concepts are used to a greater extent than originally intended, the copywriter shall be entitled to demand the difference between the higher remuneration for the use and that originally paid. A far-reaching claim for damages on the part of the copywriter remains unaffected by this.

3. Due date of remuneration

3.1 Payment is due on delivery of the work and on receipt of the electronic invoice. If the ordered work is accepted in parts, a partial remuneration amounting to 50% of the total remuneration shall be paid upon acceptance of the first partial delivery. In the case of larger orders (> 1,000.00 Euro gross), the copywriter is entitled to demand up to 30% of the total remuneration as an advance payment when the order is placed.

4.1 Special services such as the reworking or modification of drafts, texts and slogans shall be invoiced separately on the basis of the time spent in accordance with the fee demanded by the copywriter.

4.2 The copywriter is entitled to order the external services necessary for the fulfilment of the order in the name and for the account of the client. The client undertakes to grant the copywriter the corresponding power of attorney.

4.3 Insofar as contracts for external services are concluded in the name of the copywriter in individual cases, the customer undertakes to release the copywriter internally from all liabilities arising from the conclusion of the contract. This includes in particular the assumption of costs.

4.4 Costs and expenses for travel to be undertaken in connection with the assignment and agreed with the Client shall be reimbursed by the Client.

5 Retention of title

5.1 Only rights of use are granted to the texts, but no rights of ownership are transferred.

5.2 The dispatch of the work shall be at the risk and for the account of the client.

6 Correction, production monitoring, sample documents

6.1 Proofs are to be submitted to the copywriter before reproduction is carried out.

6.2 Production supervision by the copywriter shall only take place on the basis of a special agreement.

6.3 The Client shall provide the copywriter with at least 15 perfect copies of all reproduced work free of charge. The number shall be agreed. The copywriter is entitled to use these and copies thereof for the purpose of self-promotion.

7 Liability

7.1 The copywriter shall only be liable for damage caused to templates, films, displays, layouts etc. provided to him/her in the event of intent and gross negligence.

7.2 The copywriter undertakes to carefully select and instruct his/her vicarious agents. Furthermore, he/she shall only be liable for his/her vicarious agents in the event of damage caused by an intentional or grossly negligent breach of duty by the vicarious agents or in the event of damage resulting from injury to life, body or health.

7.3 If the copywriter commissions necessary external services, the respective contractors are not vicarious agents of the copywriter. The copywriter shall only be liable for his own fault and only for intent and gross negligence. This does not apply to damage resulting from injury to life, body or health, for which the copywriter is also liable in the case of slight negligence.

7.4 The copywriter shall have the texts checked and approved by the client for factual and formal correctness before publication. Upon approval, the liability for the factual and formal correctness of the texts shall pass to the Client.

7.5 The copywriter does not undertake any legal review of the texts. He/she shall not be liable for the legal admissibility and trademark registrability of his/her work.

7.6 Complaints about obvious defects must be made in writing to the copywriter within 14 days of delivery of the work. All other defects shall become statute-barred one year after the statutory commencement of the limitation period. Excluded from this are claims for damages based on an intentional or grossly negligent breach of duty by the copywriter or his/her vicarious agents, and claims for damages due to injury to life, limb or health, also insofar as they are based on a slightly negligent breach of duty by the copywriter or his/her vicarious agents; the statutory limitation periods apply to these claims for damages.

8 Freedom of design and templates

8.1 There is freedom of design within the scope of the order. Complaints regarding the artistic design are excluded. If the client wishes to make changes after the concept and text have been approved, he/she shall bear the additional costs. The copywriter shall retain the right to remuneration for work already commenced.

8.2 If the execution of the order is delayed for reasons for which the Client is responsible, the copywriter may demand an appropriate increase in remuneration. In the event of intent or gross negligence, he/she may also claim damages. The assertion of further damage caused by delay remains unaffected by this.

8.3 The client assures that he/she is entitled to use all drafts handed over to the copywriter, in particular that he/she has the necessary copyright rights of use. If, contrary to this assurance, he/she is not entitled to use them, the Client shall indemnify the copywriter against all claims for compensation by third parties.

9 Termination of the cooperation

In the event that one or both parties wish to terminate the joint work, the completed phases shall be invoiced in full. If the work is terminated by the client, the current phase will be invoiced according to the work already performed.

10 Early termination of the contract or parts of the contract

If the client terminates the contract or parts of the contract before the contract has been fulfilled, the copywriter is entitled to demand the agreed remuneration.

11. Final provisions

11.1 The place of performance shall be the registered office of the copywriter.

11.2 The invalidity of any of the above terms and conditions shall not affect the validity of the remaining terms and conditions.

11.3 The law of the Republic of Italy shall apply.