TERMS & CONDITIONS
JS – Creative Practice by Johannes Schnatmann
Effective Date: 01.01.2026
1. Scope of Application
These Terms & Conditions apply to all services provided by JS – Creative Practice by Johannes Schnatmann (“JS”) to its clients (“Client”).
Any conflicting or deviating terms of the Client shall not apply unless expressly agreed by JS in writing.
2. Nature of Services
JS operates as a creative practice focused on conceptual development, design direction, research, branding, visual identity, and related creative services.
All services provided by JS are intellectual and creative in nature and shall not be understood as production-only or execution-only services unless explicitly agreed otherwise in writing.
3. Agreement and Scope of Work
The scope of each project shall be defined in a written proposal, agreement, or written confirmation by email.
Any services, deliverables, revisions, or requests beyond the agreed scope shall be considered additional work and billed separately.
4. Fees and Payment
Unless otherwise agreed in writing:
- a 50% non-refundable deposit is required prior to commencement of the project;
- the remaining balance is due upon delivery of the agreed scope of work;
- all fees are stated in EUR (€), excluding VAT where applicable.
JS reserves the right to suspend or delay work in the event of late payment.
5. Conceptual Work
Conceptual work, including but not limited to research, strategy, design exploration, direction, and preliminary creative development, constitutes a standalone billable service.
Such work is payable regardless of whether the Client decides to proceed with implementation, production, or further development.
6. Delivery and Approval
JS’s obligation is the delivery of the agreed scope of work in accordance with the brief and project framework.
Unless explicitly agreed otherwise in writing, payment shall not be contingent upon subjective approval, commercial success, internal stakeholder approval, or actual use of the deliverables by the Client.
7. Revisions
The number and scope of revisions included in a project shall be defined in the respective proposal or agreement.
Any additional revisions, changes, or rework requested after approval of a project phase or beyond the agreed scope shall be billed separately.
8. Client Responsibilities
The Client shall:
- provide all necessary materials, information, and access required for the performance of the services in a timely manner;
- ensure that feedback, approvals, and decisions are given within agreed timelines;
- appoint a clear decision-maker where necessary.
Any delay or additional effort caused by missing information, delayed feedback, or changed instructions may result in timeline adjustments and additional charges.
9. Intellectual Property and Usage Rights
Unless otherwise agreed in writing:
- all rights in and to preliminary work, drafts, concepts, rejected proposals, unused designs, and other non-final materials shall remain exclusively with JS;
- rights to final selected deliverables shall transfer only upon full payment of all outstanding amounts;
- the Client receives only those usage rights necessary for the agreed purpose.
Any use beyond the agreed purpose, including but not limited to additional formats, territories, durations, media, campaigns, or derivative use, requires prior written consent by JS and may be subject to additional fees.
10. Portfolio and Self-Promotion
JS retains the right to document, display, publish, and otherwise use the work, including final and publicly released deliverables, for portfolio, editorial, promotional, award, lecture, publication, social media, and website purposes, unless expressly agreed otherwise in writing.
11. Additional Work
Any request outside the agreed scope, including additional concepts, formats, adaptations, production support, rollout applications, or extended consultation, shall require separate agreement and compensation.
12. Third-Party Materials
The Client is solely responsible for ensuring that all materials, content, data, images, texts, trademarks, and other assets provided to JS may be lawfully used for the intended project.
JS shall not be liable for any infringement, claim, or damage resulting from materials provided by the Client.
13. Liability
JS shall be liable only for damages caused by intentional misconduct or gross negligence.
To the extent permitted by law, JS shall not be liable for indirect damages, consequential damages, loss of profit, loss of business, loss of data, or claims arising from third-party use of the deliverables.
14. Timelines and Delays
Any timelines provided by JS are estimates based on timely cooperation by the Client and third parties.
JS shall not be responsible for delays caused by the Client, third-party providers, force majeure, or circumstances beyond JS’s reasonable control.
15. Termination
If a project is cancelled or terminated by the Client:
- all work completed up to the date of termination shall be payable in full;
- work already commenced but not yet completed shall be invoiced proportionally;
- any deposit paid shall remain non-refundable.
16. Confidentiality
Both parties agree to treat confidential information disclosed in connection with a project as confidential and not to disclose such information to third parties, except where required by law or necessary for the execution of the project.
17. Governing Law and Jurisdiction
These Terms & Conditions shall be governed by the laws of the Federal Republic of Germany.
To the extent legally permissible, the place of jurisdiction shall be Berlin, Germany.
18. Severability
If any provision of these Terms & Conditions is held to be invalid or unenforceable, the remaining provisions shall remain unaffected and in full force and effect.