Gustavo Fernandez Galindo
Millennium Park 66890 Lustenau
(+43) 670 5513222 gustavo@ferregan.com
UID-Nummer ATU77790124
Unternehmensgegenstand Werbeagentur
Vollständiger Firmenname Gustavo Adolfo Fernandez Galindo
Ort Der Gewerbeberechtigung Millennium Park 6A-6890 Lustenau Österreich
Rechtsform Einzelunternehmen
Juristische Person Gustavo Fernandez Galindo
Kammer/Berufsverband-Zugehörigkeit(En) Wirtschaftskammer Vorarlberg
Aufsichtsbehörde Bezirkshauptmannschaft Dornbirn
Berufsrecht Gewerbeordnung: www.ris.bka.gv.at
Reproduction of all content without permission is prohibited.
General Terms and Conditions (GTC) Mag. Gustavo Fernandez Galindo: Illustration & Art Direction Mag. Gustavo Fernandez Galindo Millennium Park 6, 6890 Lustenau ATU77790124 gustavo@ferregan.com (+43) 670 5513222 www.ferregan.com Business Activity: Advertising Agency Legal Form: Sole Proprietorship Chamber/Professional Association Membership: Economic Chamber of Vorarlberg The following agreement is made between: Mag. Gustavo Fernandez Galindo (hereinafter referred to as “Ferregan”), and (hereinafter referred to as “Client”),in connection with the services provided by Ferregan in the fields of graphic design, illustration, and art direction. To provide clarity to the Client regarding the provision of creative services, Ferregan outlines the following terms and conditions, in accordance with the recommendations of the Austrian Economic Chamber’s Professional Association for Advertising and Market Communication and the provisions of the Austrian Supreme Court (OGH). For Ferregan, these General Terms and Conditions (GTC) serve as the basis for all offers, contracts, deliveries, and services. Clients are advised to read this document carefully. If circumstances arise that modify or override these conditions, they must be discussed by both parties before the contract begins, with Ferregan’s consent and written confirmation of the changes. Copyright and Usage Rights All copyrights to materials created by Ferregan (including illustrations and graphics) remain the property of Ferregan unless expressly agreed otherwise. The Client receives the right to use the materials for the contractually agreed purpose and scope. The transfer of usage rights to third parties or sublicensing is not permitted without Ferregan’s explicit consent.
Scope of Services Ferregan agrees to provide the services described in the offer under the conditions agreed upon by both parties.
Deadlines and Delivery Schedules a. Deadlines are set by the Client before the project begins, and Ferregan will work to deliver results on or before the specified date. b. Ferregan is entitled to make partial deliveries. The Client is responsible for supporting the execution by providing timely feedback and required materials (e.g., drawings, photos, sketches, texts, etc.). If the Client fails to provide necessary information on time, Ferregan may request an adjustment of deadlines or an extension of timeframes. c. If the Client does not fulfill obligations within the set timeframes, Ferregan reserves the right to charge additional fees for delays or pause the project until all necessary materials are provided. d. In the event of unforeseen circumstances that could affect timely delivery (e.g., illness, technical issues, or unexpected requirements), Ferregan will promptly inform the Client and propose a revised schedule.
Fees and Invoicing The Client agrees to pay Ferregan the fees specified in the offer. Payment terms are as follows: 50% of the agreed fee is due at project commencement, and the remaining 50% upon project completion. Changes in the number of illustrations or design deviations that impact workflow or the originally agreed result will be billed separately and are not included in the original offer.
Retention of Ownership and Copyright a. Ferregan’s services are protected under Austrian copyright law and intellectual property regulations. b. The acknowledgment of Ferregan (@ferregan) must be included in any social media or website publication of his work. This should be done using the credit “Illustration by @ferregan” or “Illustration by Ferregan.” c. Ferregan reserves the right to use work created for the Client for self-promotion on social media, websites, portfolios, and presentations. d. The Client may not request Ferregan to publish work with a watermark if it obstructs the clear visibility of the illustration. e. Ferregan agrees to mention the Client’s name in publications related to the provided services. The Client must inform Ferregan about the preferred format and wording of the mention. f. The Client receives usage rights for the illustrations, but ownership remains with Ferregan. Usage is strictly limited to the agreed purpose. g. Clients must inform Ferregan before project initiation if it is subject to a non-disclosure agreement (NDA), as pricing for such projects is typically higher. h. After project completion, Ferregan has the right to list the Client’s name or company in the “Clients” section of the website unless explicitly agreed otherwise. i. The Client may not transfer, resell, or use Ferregan’s illustrations or services for other companies, brands, or purposes outside the agreed scope.
Review and Approval During the project, three review meetings will take place to ensure proper execution before final delivery: a. An initial meeting to understand the brand, its needs, and expectations. b. A second meeting to present a mood board with relevant references aligned with the expected outcome. c. A third meeting to review progress and make necessary refinements regarding style, colors, textures, humor, characters, etc.
Revisions and Adjustments Before final submission, one revision round is included. Any additional changes after this final review will be charged at €90 per hour (plus VAT), based on actual time and work required.
Termination and Contract Conditions Either party may terminate this contract with written notice. In case of termination, the Client must pay Ferregan for services rendered up to the termination date.
Confidentiality Both parties agree to maintain the confidentiality of all information and documents exchanged during the project.
Warranties and Liability a. Ferregan guarantees that services will be delivered professionally and with due diligence within the agreed timeframes. b. Ferregan guarantees that illustrations and products created for the Client are original and do not infringe upon copyright or intellectual property rights as defined by Austrian law. Furthermore, no rights of other illustrators, advertising agencies, or graphic studios will be violated. c. Ferregan may mention the Client’s brand on the website, social media, portfolios, and presentations. d. Ferregan’s liability is limited to the amount paid by the Client for the services provided. e. Ferregan is not responsible for the Client’s decisions or actions after contract completion, particularly regarding marketing and publishing strategies. f. If Ferregan discovers that the illustrations created for the Client have been misused in a way that causes harm, violence, or disruption, Ferregan reserves the right to refuse attribution as the author.
Governing Law and Jurisdiction This agreement is subject to the regulations of the Austrian Economic Chamber’s Professional Association for Advertising and Market Communication, the relevant provisions of the Austrian Supreme Court (OGH), and Austrian copyright and intellectual property laws in effect at the time of signing.
Agreement Acceptance By commissioning Ferregan, both parties agree to the terms and conditions outlined in this agreement.
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