1. Placing of orders

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Our deliveries and services are carried out exclusively on the basis of the following terms and conditions. The terms and conditions of our customers and contractors do not apply, even if we do not object to their validity separately. Our conditions also apply if we carry out the order without reservation in the knowledge of conflicting or deviating conditions of the customer.

2. Deliveries and services

2.1 Our deliveries and services are provided on the basis of the concept provided or approved by the customer and the written result of the last discussion before the start of the order.

2.2 We produce films and similar products according to the underlying concept in a quality that corresponds to the quality standards demonstrated by our samples. The same quality applies to our advice and support for marketing the resulting products via social media channels.

2.3 Only the information contained in the order confirmation and the offer is deemed to be the contractual quality. Guarantees are not accepted. With regard to the contractual conformity of the services, the focus should be on the objective public and not on the subjective views and tastes of the customer. If, after applying objective criteria, our service has been provided in accordance with the offer, order confirmation and binding instructions, the customer has no further claims for performance or rectification.

3. Content of Advertising Statements

3.1 The customer is solely responsible for the legal content of the advertising statements contained in the product. Our liability for claims for defects, which are asserted by third parties due to quality information or guarantees according to § 434 BGB against the customer because of the advertising statements, is expressly excluded. Before distributing the product, the customer is obliged to check the content for full compatibility of the product information contained therein with the nature of the advertised goods.

3.2 The risk of the legal admissibility of the advertising is borne by the customer. This applies in particular in the event that the advertising measure violates the provisions of competition law, copyright law and special advertising law. We will inform the customer of legal risks if we become aware of them during the preparation or execution of the order. Under no circumstances shall we be liable for the factual statements contained in the advertising about the customer's products and services or for the patent, model, copyright and trademark protection or registration of the ideas, suggestions, proposals, concepts, drafts provided under the contract etc. Insofar as third parties assert claims here, the customer must indemnify us against these claims.

4. Instructions and Changes

4.1 Requests for changes made by the customer before the start of production will be taken into account, provided the changes are reasonable and do not interfere with the artistic and technical design in such a way that we can carry them out without infringing on our legitimate interests. If additional costs arise due to change requests or instructions, we are entitled to stop production until the customer has agreed in writing to a reasonable increase in payment.

4.2 If we are entitled to reject requests for changes or instructions, or if an agreement on the increase in remuneration does not come about between the parties, the customer only has the right to ordinary termination of the contract for work in accordance with Section 649 BGB. The services rendered up to that point, including advance payments, are to be remunerated in accordance with the contract. Section 649 of the German Civil Code applies to services that have not yet been performed.

5. Delivery time

5.1 The time of delivery of rough drafts or performance of services is determined at the last meeting before the start of the order.

5.2 Specified deadlines are non-binding unless they are expressly confirmed by us in writing. Dates set by the calendar are only valid as fixed dates if they are expressly confirmed in writing as fixed dates.

5.3 Delays or exceeding of contractual deadlines due to change requests, instructions or other reasons for which the customer is responsible lead to a reasonable extension of the deadline. The customer is obliged to agree on a new delivery date, taking due account of the reason for the hindrance.

5.4 If the schedule is exceeded for reasons for which we are not responsible, the delivery period is extended by a reasonable period of time, but at least as long as the reason for the hindrance existed.

5.5 If we do not meet a submission or delivery date, the customer is initially obliged to set us a reasonable grace period.

6. Compensation

6.1 The agreed total price results from all items listed in the cost estimate that are required for the creation of the film or comparable products, as well as for the advice and support that are required for the realization according to the current situation.

6.2 If, in the case of productions outside the European Union, the costs to be borne in the respective national currency increase due to changes in the applicable exchange rate after the conclusion of the contract compared to the costs on which the calculation of the remuneration was based, we are entitled to increase the remuneration accordingly. We show the costs to be borne in the respective national currency in the order confirmation and the offer.

6.3 We will announce any additional costs incurred as a result of the customer's change requests. If we have failed to do this, additional costs can only be claimed up to an amount of 10% of the total costs. In addition, in the event of deviations from the approved concept and the resulting additional costs, we will inform the customer beforehand and obtain his approval.

6.4 The customer shall make the advertising objects to be displayed available at the production site free of charge and on time for the purpose of production. The professional processing of the items for the purpose of production is expressly permitted.

6.5 Actors, models, influencers and speakers are selected in consultation with the customer. If the customer wishes to employ certain actors, speakers or other contributors who, due to their outstanding position or for other reasons, demand higher than average fees, he must bear the additional costs incurred as a result.

7. Subsequent compensation claims from authors

The total price includes the costs specified in the cost estimate for the compensation of the rights of the authors (all contributors or filmmakers who were involved in the work and are subject to copyright contract law) only in the amount specified there. If higher remuneration claims are subsequently made by these persons, the customer, as the user of the work, undertakes to indemnify and hold us harmless from all claims by the filmmakers or contributors and to pay these additional remuneration claims directly to the beneficiaries.

8. Manufacturing

8.1 The order begins at the earliest with the written confirmation of the cost estimate.

8.2 Before the start of the order, the customer is obliged to appoint a responsible employee or representative of the agency who is authorized to decide pending questions with sole power of representation, to issue instructions and to make legally binding decisions on the compensation of additional costs incurred on behalf of the customer.

8.3 If recordings are made at the request of the customer in his own or in third-party works or businesses, our liability for operational disruptions is excluded.

9. Acceptance

9.1 Immediately after completion of the film or comparable products, we will send the customer a raw version or show it to him on his business premises. The customer is obliged to immediately submit a statement as to whether he accepts the film or the comparable product in the version produced as being in accordance with the contract. If the customer does not make a statement within 14 days, the product is considered to be in accordance with the contract.

9.2 Claims for defects for defects that are already recognizable during acceptance are excluded after acceptance has taken place. The customer is obliged to examine the product for defects immediately upon receipt and to notify us of these immediately. The provisions of § 377 HGB apply.

9.3 If the product is manufactured according to the approved concept and corresponds to the sample in terms of quality and if it only contains deviations from the concept that are based on the customer's instructions or are approved by the customer, the customer is obliged to accept; Objections that are based solely on concerns of taste on the part of the customer are not considered defects in the service.

10. Claims for Defects

10.1 We will, at our discretion, rectify any defects identified upon acceptance within a reasonable period of grace by rectification or replacement delivery. The grace period is at least 10 working days. The rectification is only deemed to have failed after two unsuccessful attempts at rectification.

10.2 The customer agrees that other actors, other image and sound sequences, locations or props can also be selected by us after prior consultation with the customer for the purpose of rectification.

11. Transfer of Rights

11.1 We undertake to transfer the rights to the customer to the extent necessary to achieve the purpose of the contract. We transfer to the customer the exclusive rights of use to and from the product for use as advertising material to the agreed extent (in terms of time and space), insofar as they are entitled to them themselves, have been transferred to them by the participants under the existing contracts or they have been transferred to them in another way by the has acquired the authorized person within the usual commercial framework. The transfer takes place at the earliest after payment of the full total price.

11.2 If, after completion of the product, the customer intends to extend the right of use with regard to a restriction in terms of content and/or time and/or space, we will, insofar as this is possible, grant the customer the corresponding rights of use against payment of the usual or, if such is not identifiable , assign reasonable remuneration. We will only refuse the corresponding extension or expansion of the right of use for important reasons. Any additional claims for compensation by the participants, filmmakers or other participants that arise as a result of this, which exist under copyright contract law, will be borne by the customer. He will indemnify and hold us harmless from all compensation claims of the authors involved, owners of related property rights and owners of other rights and will pay the authors' compensation claims directly to them.

11.3 If the customer wants to acquire rights to the product beyond the use of the product as an advertising medium, he must make a separate agreement with us.

11.4 Unless otherwise agreed, the acquisition of rights by the customer includes the exclusive right to distribute the product on the Internet. Insofar as GEMA or similar organizations are entitled to the sound recording, performance and broadcasting rights, they will not be transferred.

11.5 After completion of the product, the customer is entitled to have processing/changes made himself or by third parties, provided that the processing/changes comply with the rights transferred to the customer under the production contract in terms of type, scope, location and time of use. An extension of the use or use of parts of the product beyond the agreements made is only permitted with our prior consent.

11.6 The customer is authorized to transfer the right of use in whole or in part within the scope of the contractual use (use as advertising material) or to have the rights exercised by third parties.

11.7 The use of parts of the product in another context, for other products or in a new composition, with the exception of processing the product in accordance with Section 11.5 of this section, is only permitted with our express consent.

12. Ownership of Preliminary Products and Props

Ownership of the product and the agreed rights of use are transferred to the customer after full payment of the total price. The customer is only entitled to use the goods to the contractually agreed extent and is obliged to comply with local and time restrictions in particular. The customer does not acquire any rights with regard to the materials and documents created during the production of the end product, in particular not with regard to the recordings made during a casting.

13. Terms of Payment

13.1 The amounts specified in the order confirmation and other stipulations of the total price apply plus the applicable statutory sales tax.

13.2 All payments must be settled within two weeks of receipt of the invoice at the latest. Insofar as preliminary costs such as travel expenses, casting and location scouting are included in the cost estimate, these are due in full immediately when the order is placed. In the event of a delay in payment or in the event of an agreed deferral, the customer must pay interest on arrears of at least 8% above the respective base interest rate, provided we have not incurred any interest damage beyond this. Further default claims remain unaffected.

14. Copies and Retention

We may make copies for our own advertising purposes and demonstrate them, but only if the product is used by the customer. This also applies to participation in competitions.
After the archiving period specified in the cost estimate has expired, the customer must decide whether the material should continue to be stored for a fee or whether it should be destroyed.

15. Liability

15.1 Our liability for damage to the customer due to intentional or grossly negligent behavior, for personal injury and damage under the Product Liability Act is unlimited in accordance with the statutory provisions. This also applies to damage caused by our vicarious agents. Claims due to force majeure such as power failure, bad weather or similar are excluded.

15.2 Insofar as we are not liable on the basis of an assumed guarantee, liability for claims for damages is otherwise limited as follows: We are only liable for damage caused by slight negligence insofar as this is based on the breach of essential contractual obligations (cardinal obligations). Cardinal obligations are such contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner could rely. Our liability for simple negligence according to this regulation is limited to the typically foreseeable damage, a maximum of 50% of the order value.

15.3 Our liability for damage caused by delay caused by slight negligence is limited to the typically foreseeable damage, but no more than 5% of the total remuneration agreed in the contract concerned.

15.4 The provisions of the above paragraph also apply accordingly to a limitation of the obligation to compensate for futile expenses (§ 284 BGB).

15.5 The above limitations of liability also apply to our vicarious agents.