General Terms and Conditions

Multi Media Design Patrick Schmetzer

 

• 1. General
  • 1.1 The following terms and conditions, in the version valid at the time the order is placed, apply to all contractual relationships between the customer and Multi Media Design Patrick Schmetzer.
  • 1.2. Changes and additions to these general terms and conditions must be made in writing to be effective.
  • 1.3 The current and valid version is always the version published in German on the website of Multi Media Patrick Schmetzer at the time the contract was concluded. If translations into other languages differ from the German version, the German version applies.
    The current english translation is available at the address https://patrickschmetzer.com/en/agb/
    The current version is available at the address https://patrickschmetzer.com/agb/

 

• 2. Placing of order
  • 2.1 Orders must be placed in writing, unless expressly agreed otherwise.
  • 2.2. The written order confirmation is exclusively decisive for the scope of the order and its processing. Verbal or telephone orders must be submitted immediately in writing (including email). If this does not happen, the consequences of transmission errors caused by non-observance of the written form shall be borne exclusively by the client.
  • 2.3 The confirmation of an order by a client is deemed to be a binding acceptance of the contents of the order stated in the confirmation.
  • 2.4 Offers made by MultiMediaDesignPatrickSchmetzers are not binding unless the binding nature of an offer is expressly referred to.
  • 2.5 Orders from agencies shall only be accepted for specifically named clients. Advertising for products or services of a client other than the client named at the time of booking requires the written consent of Multi Media Design Patrick Schmetzer.
  • 2.6. An agency is only permitted to transfer a service booked for a named client to a third party with the express written consent of Multi Media Design Patrick Schmetzer.

 

• 3. Scope of application
  • 3.1 The terms and conditions apply to deliveries and services of all kinds, including those provided by third parties as vicarious agents of Multi Media Design Patrick Schmetzer, unless otherwise agreed in writing.
  • 3.2. Our general terms and conditions also apply to all future transactions that are processed between Multi Media Design Patrick Schmetzer and the client. The provisions of the present general terms and conditions only withdraw if Multi Media Design Patrick Schmetzer has made individual contractual written agreements to the contrary with the customer.
  • 3.3 The customer takes over the full property and legal guarantee for the raw materials delivered by Multi Media Design Patrick Schmetzer. He exempts Multi Media Design Patrick Schmetzer from claims of third parties.
  • 3.4 The contractual partners of this AGC, the "customer", can be natural, legal persons as well as partnerships with legal capacity.
  • 3.5 With the placing of the order and the failure of the contracting party to object, the contracting party declares that it is aware of the terms and conditions of business and agrees to them.

 

• 4. Costs 
  • 4.1 The price agreed in the contract covers all production costs, including the delivery of the final product. In addition, the price includes the rights of use as mentioned in the Rights section.
  • 4.2 If the client withdraws from the agreed contract through no fault of MultiMediaDesignPatrickSchmetzer, he shall be liable for all costs incurred up to the time of withdrawal.
  • 4.3. If the client cancels the booking, Multi Media Design Patrick Schmetzer is entitled to a cancellation fee. This is calculated as follows: cancellation from the 15th day after the contract agreement: 25 %; Cancellation 3 to 7 days before the booked date 50 %; from 2 days 75 % of the agreed total and 3 hours before the start 100 %, even if no deposit has been paid.
  • 4.4. If the customer requests changes that result in additional costs, these costs must be expressly named by Multi-Media Design Patrick Schmetzer. In the event that Multi-Media Design Patrick Schmetzer fails to do so, the client may only be charged 75% of the additional production costs incurred.
  • 4.5 If changes in the production are made by Multi Media Design Patrick Schmetzer, which lead to additional costs, the client must explicitly approve these changes and additional costs.
  • 4.6. Additional shooting time for which Multi Media Design Patrick Schmetzer is not responsible (e.g. due to weather and natural delays) will be charged. These additional costs must be shown separately by Multi-Media Design Patrick Schmetzer.
  • 4.7. If a shooting or photo date is postponed by the client later than fourteen days before the agreed date, Multi-Media Design Patrick Schmetzer is entitled to reimbursement of the additional costs incurred as a result of this postponement.

 

• 5. Prices
  • 5.1 In principle, the prices apply according to the current price list of MultiMediaDesign Patrick Schmetzer. Deviating from this, individual prices can be agreed upon.
  • 5.2 All prices quoted are subject to value added tax at the applicable statutory rate.
  • 5.3 If there is no fixed price agreement, Multi Media Design Patrick Schmetzer will invoice costs which could not be foreseen at the time of the conclusion of the contract to an appropriate extent.

 

• 6. Terms of payment
  • 6.1 For standard productions, half of the invoice amount is due after the first pre-cut, the second half 14 days after the master copy has been sent.
  • 6.2. The invoice amount is due within 14 days of receipt of the invoice by the customer. If the invoice amount is not received by Multi Media Design Patrick Schmetzer within this period, the customer is in arrears with the payment. No reminder or setting of a deadline by Multi-Media Design Patrick Schmetzer is required to determine the delay.
  • 6.3 In case the customer is in default of payment or in case of an explicit deferment of payment, the customer bears interest in the amount of the interest charged by his bank to Multi Media Design Patrick Schmetzer (including possible handling costs).

 

• 7. Liability
  • 7.1. Multi-Media Design Patrick Schmetzer is liable to the client within the scope of the statutory provisions for all damage caused intentionally or through gross negligence.
  • 7.2 Liability claims for defects must be lodged within two weeks of the date of delivery at the latest. Transfer of the master copy can be registered. Content points of view is not a defect.
  • 7.3 If a defect caused by the Contractor is found, there shall be no Claim for damages, unless Multi Media Design Patrick Schmetzer has fraudulently concealed a defect or has caused the defect by negligent behavior.

 

• 8. Film- & photo production 
  • 8.1 The film is made on the basis of a concept/screenplay provided by the client or an adapted standardised screenplay or an individually developed agreement with the client or an individually developed concept/screenplay. After acceptance of a written order or after a preliminary production meeting confirmed in writing, the production of the film begins.
  • 8.2. The film and the photos are produced in a quality that Multi-Media Design Patrick Schmetzer can demonstrate using sample reels (showreels).
  • 8.3 Multi Media Design Patrick Schmetzer is exclusively responsible for the technical and content design of the film. The client is responsible for the factual correctness of the film content and the legal admissibility.
  • 8.4. Change requests made by the client after the order has been placed but before production begins must be taken into account by Multi-Media Design Patrick Schmetzer. The customer must be informed of any price changes resulting from these changes. In the case of change requests that change the agreements made so far that Multi-Media Design Patrick Schmetzer cannot assume responsibility for them, the contractor is entitled to reject them. In this case, Multi Media Design Patrick Schmetzer has a separate right of termination and the costs incurred up to that point are to be borne by the client.
  • 8.5 If the client wishes to make changes after the start of production, these can only be made with the agreement of Multi Media Design Patrick Schmetzer and with an agreement on the resulting costs.
  • 8.6. If the customer wishes to use his own production material (e.g. use of his own texts, images, etc.), he undertakes to make this available in a common and usable format. The material must be handed over within a reasonable period of time for its use before the start of the agreed shooting date. If the material provided has to be extensively adapted by Multi-Media Design Patrick Schmetzer, the client bears the costs incurred for this.
  • 8.7. The client assures that he has the rights required for further processing of the production material he has provided and that he transfers these to Multi-Media Design Patrick Schmetzer.
  • 8.8. Multi-Media Design Patrick Schmetzer is liable in the event of loss or damage to material provided, but only within the framework of a replacement delivery of the lost or damaged raw material. Multi-Media Design Patrick Schmetzer assumes no liability for the loss of data and programs on this material, since it is the customer's responsibility to carry out data backups.
  • 8.9 If the client wishes the use of a certain music title, evenantiated, that it is exclusively GEMA-free material or that he owns all rights on used GEMA-liable material.
  • 8.10. If there are operational disruptions due to recordings made by the client in external companies, Multi-Media Design Patrick Schmetzer accepts no liability for this.
  • 8.11. Until the film is accepted, the risk of loss, damage or defects caused by gross negligence lies with Multi Media Design Patrick Schmetzer.

 

• 9. Acceptance 
  • 9.1. Multi-Media Design Patrick Schmetzer makes the film/images available to the client for download immediately after completion. The client must confirm acceptance of the material in writing within 14 days. If no written complaint is made within this period, the material is deemed to have been accepted.
  • 9.2 The client is obligated to accept the film/pictures as long as the film/pictures comply with the fixed agreement or the concept/screenplay and the current quality standard. Even if the film deviates from the agreements made or the concept/screenplay, but these deviations have been incorporated at the request of the client, the client is obliged to accept. Taste returns are generally excluded.
  • 9.3 Complaints must be made in writing within 14 days after delivery of the film/pictures. Later complaints will not be considered.
• 10. Rights 
  • 10.1. Multi-Media Design Patrick Schmetzer assures that it has all the necessary copyright exploitation rights for all written agreements/concepts/scripts, in particular the reproduction, distribution, broadcasting, performance and ancillary copyrights necessary for the fulfillment of the contract, which also after completion of the film managed by her. Public and private events are excluded from this.
  • 10.2.The ownership of all raw materials created during the production and resulting intermediate products as well as written agreements/concepts/scripts remains with Multi Media Design Patrick Schmetzer.
  • 10.3. The client receives the exclusive rights of use according to the agreed scope of time and space. The customer is entitled to make any number of copies of the produced film for his own purposes. In addition, the customer is authorized to transfer his right of use in whole or in part to a third party or to have it exercised within the framework of contractual agreements. The rights of use are only transferred to the client after the agreed production costs have been paid in full.
  • 10.4 Multi Media Design Patrick Schmetzer receives from the customer the right, unlimited in time and space, to use the film content or image content produced by Multi Media Design Patrick Schmetzer for his own direct use (e.g. for presentations to customers, at trade fairs and company events or for his own advertising offer) free of charge (unless expressly agreed otherwise). However, this shall only apply if the film/pictures are available to the Contractor for his own use.
  • 10.5 The client is obliged to let Multi Media Design Patrick Schmetzer carry out all edits or changes approved by Multi Media Design Patrick Schmetzer himself. Unless this is unreasonable for economic, advertising or technical reasons.
• 11. Secrecy and data protection
  • 11.1. Multi Media Design Patrick Schmetzer and the client are mutually obliged to protect all business and company secrets of the other party that become known due to the contractual relationship and the execution of the contract and to ensure compliance with this obligation also with regard to the employees by taking appropriate measures. The confidentiality obligation exists beyond the duration of the contract.
  • 11.2. If the client receives an individual "password" for access to portfolios or data, he already assures in his own interest that the password will be treated confidentially. The customer carefully manages passwords and other access data and keeps them secret.
• 12. Severability clause
  • 12.1. The invalidity of a provision of these general terms and conditions does not affect the validity of the remaining provisions.

 

• 13. Place of jurisdiction
  • 13.1 Place of performance and exclusive jurisdiction is the registered office of Multi Media Design Patrick Schmetzer in Rüsselsheim.

 

AGB Multi Media Design Patrick Schmetzer                                                                                        28.05.2020 V1.2