• These General Terms and Conditions (GTC) apply exclusively to entrepreneurs, legal entities under public law, or special funds under public law within the meaning of § 310 para. 1 of the German Civil Code (BGB).
  • If the parties agree individual arrangements (including side agreements, supplements, and amendments), those take precedence over these GTC. Such arrangements must be made in written or text form.

  • CROMATICS submits a binding, time-limited offer to the client. The contract is formed when the offer signed by the client is received by CROMATICS within the deadline (acceptance).

  • The subject matter of services and delivery dates are set out in the offer.
  • Commissioning third parties in fulfilment of the contract is possible without prior consent of the client. CROMATICS is also entitled to replace fulfilment assistants confirmed by the client without prior consent if the originally intended assistant cannot perform the service through no fault of their own.
  • CROMATICS is entitled, as representative, to order third-party services necessary for fulfilment in the name of the client. The client will grant CROMATICS written power of attorney for this purpose.
  • The scope of granted usage rights is determined by the information in the offer.

  • CROMATICS works co-creatively with its clients to achieve the best possible outcomes.
  • The co-creative process is based on all participants contributing their perspectives, experiences, and expertise openly, constructively, and free of ego. This is made possible through mutual respect, equality, and a genuine willingness to learn from and inspire one another.
  • By concluding the contract, the client agrees to collaboration in the form of co-creation and will perform all cooperation required for contract fulfilment. This includes, among other things:
    • Preparing a comprehensive task description (brief), if necessary with support from CROMATICS
    • Communicating expectations for the project outcome and all measurable success factors
    • Providing all necessary background information required by CROMATICS
    • Naming and introducing all decision-makers in the work process and explaining the internal decision process
    • Preventing project participants from pursuing so-called hidden agendas (secret motives) such as personal advantage or internal political goals
    • Contributing to finding solutions whenever one can and wants to
    • Welcoming and accepting other viewpoints and opinions
    • Non-violent communication using sender–receiver principles
    • Giving constructive, honest feedback in writing on drafts and work in progress
    • Naming immediately when something in the project is not running as expected
  • Co-creation means the client can influence our work processes. Nevertheless, our employees need creative and design freedom that we do not wish to and cannot restrict. In this sense, CROMATICS does not owe a specific artistic design beyond the specifications defined in the offer.

  • Co-creation means the client can influence our work processes. Nevertheless, our employees need creative and design freedom that we do not wish to and cannot restrict. In this sense, CROMATICS does not owe a specific artistic design beyond the specifications defined in the offer.
  • The fee is based on the prices stated in the offer.
  • Fees are net amounts, payable plus statutory VAT.
  • Fees are due upon performance or, for work contracts, upon acceptance, unless the offer provides otherwise (e.g. advance payments and partial fees). The amount of advances and partial fees is set out in the offer.
  • If third-party orders are placed, CROMATICS is generally entitled to issue advance invoices or request interim payments from the client.

  • The client is obliged to accept works produced by CROMATICS in accordance with the contract within five working days, unless acceptance is excluded by the nature of the work. Where partial results defined in the service description can be completed separately during the project, CROMATICS may demand partial acceptance. At CROMATICS' request, the client will declare acceptance in writing. Otherwise § 640 BGB applies.
  • With acceptance of a work, the client assumes responsibility for the accuracy of text and image. CROMATICS' liability ceases upon acceptance.

  • CROMATICS is liable only for damage caused intentionally or through gross negligence by its employees or fulfilment assistants. Liability is limited to typical contractual damage. Excluded from this limitation are damage from breach of a contractual obligation essential to achieving the contract purpose (cardinal obligation), and damage from injury to life or health, for which CROMATICS is liable without limit.
  • CROMATICS reviews the legal permissibility of services commissioned by the client if this is part of the offer. Independently of this, CROMATICS undertakes to inform the client of any legal risks that become known during performance. CROMATICS is not liable for whether services handed over to the client are capable of copyright, design, or trade mark protection or registration.
  • The client warrants that templates handed to CROMATICS are free of third-party rights and that the client is authorised to use them. The client shall indemnify CROMATICS internally against all third-party claims including legal defence costs if CROMATICS is held liable by a third party for infringement through use of those templates.

  • CROMATICS undertakes to treat data and documents provided by the client that are marked as "confidential" within the meaning of § 2 no. 1 b) of the German Trade Secrets Act with strict confidentiality.

  • If deadlines are missed due to force majeure (e.g. pandemics, mobilisation, war, civil unrest) or similar events not attributable to the parties (e.g. strike or lockout), deadlines are extended by the duration of the event or its effects.
  • If the client is in default of accepting a work due to a pandemic, CROMATICS is entitled to invoice performed services at contract prices and charge costs already incurred and included in contract prices for the unperformed part.
  • Otherwise the parties will inform each other without delay about pandemic-related disruptions (e.g. delays) and agree amicable contract adjustments (e.g. new delivery dates), taking into account both parties' interests, the current pandemic situation, and current legal and official rules.
  • If CROMATICS itself is not supplied although equivalent orders were placed with reliable suppliers, CROMATICS is released from the obligation to perform and may withdraw from the contract. CROMATICS must inform the client without delay of unavailability and will refund any consideration already received in this respect.

  • Amendments, supplements, and additions to this contract are valid only if agreed in writing between the parties, or at least in text form (e.g. by email plus confirmation by the other party). This written-form requirement can itself be waived only in writing.
  • If individual provisions are void, the validity of the remainder is unaffected. The void provision shall be replaced by a valid provision that matches the intent of the contract and is enforceable. The same applies if individual provisions prove unenforceable during performance.
  • The law of the Federal Republic of Germany applies, excluding international private law and the UN Convention on Contracts for the International Sale of Goods.
  • For all disputes arising from the contractual relationship, if the client is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is at the client's registered office.