Terms and Conditions (AGB) of Social Media Design Lab (SMD Lab)
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Scope and Application These terms and conditions apply exclusively to all social media design contracts between SMD Lab and the client. By placing an order, the client automatically accepts these conditions. Any deviations are only valid with express written consent from SMD Lab. If the client opposes these terms in whole or in part, specific and written agreements are required.
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Copyright and Usage Rights Services provided by SMD Lab remain the property of SMD Lab until full payment is made. All copyright usage rights for training materials remain with SMD Lab. Clients are prohibited from distributing these materials or using them for purposes other than training their own employees. Ownership of custom-created content (e.g., design concepts, profile photos, banners) transfers to the client upon project completion and full payment. SMD Lab retains ownership and usage rights for templates, strategies, presentations, general texts, images, videos, and other intellectual property.
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Fees and Billing

Service Fees

• The cost of services is determined individually after discussing the project with the client. The terms of service, deadlines, and payment schedule are personally discussed and specified in the contract.

Payment Methods

• We accept payments via bank transfer, PayPal, or cash.

Late Payments

• SMD Lab is entitled to charge late fees of 9% above the European Central Bank’s base rate per annum, or 5% for consumer transactions. Higher damages may be claimed if proven. Client suggestions or participation do not affect the fee amount. Fees are net amounts, plus applicable VAT.

Project Adjustments

• If the project requires additional work or new conditions arise, SMD Lab reserves the right to adjust the service fees. An additional invoice will be issued, which will be agreed upon with the client.

Refund Policy

• Refunds are provided in full if the work has not yet started. If the work has started but is not yet completed, a 50% refund of the total fee is possible. Once the project is completed, refunds are not available.

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Client Responsibilities The client must provide all necessary information and documents timely for SMD Lab to perform its duties. Specifically, content for graphic design must be submitted within 10 days of order placement. Upon request, the client must confirm the accuracy and completeness of provided documents and statements in writing. The client cannot reject acceptance of work due to personal taste. All files must be downloaded within 10 days after project completion using the provided link; after 10 days, files will be removed from the internet and archived.

Deadlines Agreed deadlines are non-binding unless expressly stated otherwise. The project timeline included in the contract serves as a guideline and will be adjusted after each project phase.

References SMD Lab reserves the right to use completed work and drafts as references on its website (smdlab.de) and for self-promotion on its social media channels without specific client consent.

Credit Attribution SMD Lab must be credited by name on or near the copies of the work and/or in connection with the public display of SMD Lab's services, unless otherwise industry standard.

Jurisdiction and Applicable Law The place of jurisdiction is the current business location of SMD Lab, especially if the client is not based in Germany or no other jurisdiction has been agreed upon or established by law. German law applies.

Data Release SMD Lab is not obligated to release data carriers, files, and data. If desired by the client, this must be agreed upon in writing and paid for separately. The client bears the risk and cost of transporting data carriers, files, and data online and offline.

Revisions Unless otherwise agreed upon, one round of corrections is included in the contract and does not require separate payment. A correction round covers up to 10% of the total or partial service. Once a service is accepted or the acceptance period has expired, no further corrections are covered. Additional revisions will be billed at SMD Lab's current hourly rates unless otherwise agreed.

Subcontracting, Offsetting, Assignment SMD Lab reserves the right to choose which employees will execute the tasks for the client. SMD Lab may also enlist third parties or subcontractors to perform agreed services.

Warranty SMD Lab commits to performing the order with the highest care, especially handling provided templates, documents, samples, etc., carefully. Complaints must be made in writing within 14 days of work delivery. After this period, the service is considered accepted as defect-free.

Liability SMD Lab is not liable for factual claims in the client's advertising content. SMD Lab is also not liable for the patent, copyright, and trademark protection or registrability of ideas, suggestions, concepts, and drafts delivered under the contract. For orders placed on behalf of the client with third parties, SMD Lab assumes no liability unless SMD Lab is at fault for the selection of the third party. In such cases, SMD Lab acts merely as an intermediary. Data is archived by SMD Lab without warranty for a maximum of two years.

Data Protection The SMD Lab's privacy policy applies and is always part of the contract.

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