Small Print
1.1 These General Terms and Conditions, in the version valid at the time of the order or contract conclusion, apply exclusively to all present and future business relationships between JKM1 Studio, Jan Krause, Auf der Heide 18, 53567 Asbach, Germany, Tel. +49 2683 9665464 (hereinafter “JKM1 Studio”), and its clients. Diverging provisions of the client are recognized by JKM1 Studio only if they have been expressly agreed upon in writing. Individual agreements (including side agreements, supplements and amendments) take precedence over these terms.
1.2 JKM1 Studio’s services are intended solely for entrepreneurs as defined in § 14 BGB. By using the services, the client confirms that they are not a consumer as defined in § 13 BGB.
2.1 The contractual relationship is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2.2 If the client is a merchant, has no general place of jurisdiction in Germany, or moves their place of business/residence abroad after contract conclusion, exclusive jurisdiction for all disputes arising from this contract is Frankfurt am Main.
3.1 By the deadline stated in the offer, JKM1 Studio will, at its own discretion, create two to three graphic preliminary drafts and provide them to the client either (as per the offer) as a PDF file via email or in an in-person presentation at the client’s location.
3.2 Unless otherwise agreed, the design of the drafts and the nature and scope of the services rendered for them are at JKM1 Studio’s discretion. If the client already has concrete ideas or templates, they must provide them as a PDF or print-out; JKM1 Studio will develop drafts considering these specifications. Draft creation is part of the fee-based total service under section 6 of these Terms.
3.3 When booking a fixed-price package (e.g., website, design or marketing package), up to three design drafts are generally included. Additional drafts, revision rounds or alternative versions beyond the package scope count as extra services and are billed at the agreed hourly rate.
4.1 After receiving the drafts, the client has one month to inform JKM1 Studio in writing whether
a) one of the drafts is accepted without reservation;
b) collaboration shall continue on the basis of one or more drafts with the goal of a final result; or
c) the contractual relationship is terminated.
4.2 All change requests must be submitted definitively and in writing with the notice under paragraph 1. Later corrections count as additional services and are billed at the hourly rate specified in the offer. JKM1 Studio will advise the client of this in advance and will execute the work only after approval.
5.1 By the agreed deadline, JKM1 Studio will produce a final draft and present it (as per the offer) as a PDF or in a presentation at the client’s location.
5.2 The client has 30 calendar days to review the final draft and either accept it without reservation or submit change requests in writing.
5.3 Subsequent change requests are billed at the hourly rate; JKM1 Studio executes them only after express approval.
5.4 After approval, the client receives the artwork as a PDF document via email.
5.5 Acceptance is also deemed to have occurred if the client does not reject the final result in writing, specifying concrete defects, within seven calendar days of receipt or if the result is used as intended.
6.1 All prices are net plus VAT.
6.2 Payment is due without deduction within the period stated on the invoice after acceptance.
6.3 If the work is delivered properly, the payment claim remains even if the client later refrains from using it.
6.4 If the client terminates early, JKM1 Studio invoices the agreed fee minus saved expenses and any earnings obtained—or maliciously omitted—from alternative use.
6.5 For services not accepted by the client under § 4, only the proportionate fee for work performed to date is billed.
6.6 For services not yet rendered, JKM1 Studio charges a flat 5 % of the agreed fee if the contract ends early.
6.7 Upon early termination, no usage rights are transferred; use of the drafts is prohibited.
6.8 Flat-rate packages include only JKM1 Studio’s internal creative or technical work. Third-party costs such as hosting, domains, external tools, plugins, font licenses or templates are excluded unless explicitly stated in the offer.
6.9 The flat price applies only to the service described in the respective package. Scope changes or additional services (e.g., extra pages, revision rounds, new content) are billed separately based on effort at the current hourly rate.
6.10 Flat-rate services are service contracts with a fixed monthly price. They include continuous performance of the agreed services during the booked period. No specific number or priority of tasks is guaranteed; however, JKM1 Studio undertakes to process tasks promptly, reliably and with priority within the flat rate.
6.11 Flat rates can be canceled monthly unless otherwise agreed. If the client cancels, the usage right to all services not fully paid or completed ends.
6.12 JKM1 Studio reserves the right to terminate the contract extraordinarily and suspend outstanding services if flat-rate payments are overdue. Tasks already started may be invoiced proportionally.
6.13 JKM1 Studio reserves the right to terminate flat-rate contracts with immediate effect in case of violations of these Terms or misuse of the services. In this case, the remaining contract term may be claimed pro rata as damages.
7.1 Necessary third-party services are listed separately in the offer.
7.2 Upon request, JKM1 Studio will order these services in the name and on account of the client; the client grants written authorization for this.
7.3 If, by way of exception, third-party services are contracted in JKM1 Studio’s own name, the client reimburses the resulting costs immediately.
7.4 Costs for external software, tools, licenses or platforms required to execute packages or flat rates are listed separately and borne by the client.
8.1 Upon full payment, the client receives the simple usage rights required for the agreed purpose, unless expressly stipulated otherwise.
8.2 Transferring usage rights to third parties, including affiliated companies, requires JKM1 Studio’s written consent.
8.3 Modifications or further developments and any use beyond the agreed scope require prior written approval.
8.4 In the event of unauthorized use, the client owes, in addition to an appropriate usage fee, a contractual penalty equal to 100 % of that fee; further damage claims remain unaffected.
8.5 For books and magazines, unless agreed otherwise, the usage right is granted for one edition in German within the Federal Republic of Germany.
8.6 For products and packaging, the usage right—unless otherwise agreed—is limited to the quantity specified in the order within Germany.
8.7 For websites, unless otherwise specified, the client receives the unlimited spatial and temporal right of public access (§ 19a UrhG) across all domains operated by them.
8.8 Unless expressly agreed, there is no claim to open working files (e.g., .PSD, .AI, .XD, .Figma). Only production-ready formats (e.g., .PDF, .PNG, .JPG, .HTML) are delivered.
9.1 The client is obliged to name JKM1 Studio as the author.
9.2 For websites, books and magazines, an imprint or provider identification is sufficient.
9.3 For product and packaging designs, attribution is made in the product catalog description or—if clearly assignable—in the imprint.
9.4 For typefaces, corporate designs or logos, attribution in the corporate manual and the website’s provider identification suffices.
9.5 For trade-show appearances, attribution in an in-house report on the event is sufficient.
9.6 Proper attribution reads: "JKM1 Studio # studio.jkm.one".
9.7 If attribution is omitted, the client owes, in addition to the fee, a contractual penalty equal to 100 % of that fee; further damage claims remain reserved.
10.1 After the transfer of usage rights, the client may register IP rights (e.g., trademarks, designs, patents or utility models).
10.2 When registering IP rights, the client must name JKM1 Studio as designer or inventor if required by the registry office.
10.3 The client shall inform JKM1 Studio of all registered IP rights, stating the registry office and registration number. If the usage rights revert, the client promptly transfers these IP rights to JKM1 Studio.
11.1 JKM1 Studio may use the created drafts and their reproductions without restriction in all media for self-promotion, regardless of the scope of transferred usage rights.
12.1 A review of legal admissibility or protectability (e.g., trademark, copyright, design, patent, utility model or competition law) is carried out only on the basis of a separate order subject to additional remuneration. JKM1 Studio does not check drafts for trademark, competition or patent admissibility. The client is responsible for conducting a legal review before use.
12.2 JKM1 Studio exercises due care to avoid infringing third-party rights and informs the client of known risks.
12.3 The client warrants that provided materials and information are free of third-party rights. If a third party makes a claim, the client indemnifies JKM1 Studio internally from all compensation claims.
13.1 JKM1 Studio is liable for damages caused intentionally or by gross negligence by itself or its agents. For slightly negligent breaches, JKM1 Studio is liable only for breaches of essential contractual obligations (cardinal duties) and for damages arising from injury to life, body or health.
13.2 Client claims become time-barred one year after the statutory limitation period begins. Excluded are damage claims due to intent or gross negligence and for injury to life, body or health; statutory periods apply here.
14.1 The client commits to provide all content, documents, information and decisions required for contract fulfillment in a timely manner. Failure to do so may shift the schedule accordingly.
14.2 Delays caused by missing cooperation do not release JKM1 Studio from the agreed compensation obligation.
15.1 JKM1 Studio undertakes to treat all confidential information, trade secrets or non-public data disclosed during cooperation strictly confidentially and to use them only for project execution.
15.2 This obligation continues after cooperation ends.
16.1 Should individual provisions of these Terms be wholly or partly invalid, the validity of the remaining provisions remains unaffected. The legally permissible regulation that comes closest to the economic purpose shall apply in place of the invalid provision.
16.2 Side agreements, amendments or supplements must be in writing to be effective. This also applies to waiving the written-form requirement.