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 German 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 For the scope of the order and its execution, only the written order confirmation order confirmation is decisive. Oral or telephone orders are to be submitted immediately in writing (including e-mail). If this is not done, the consequences of transmission errors caused by failure to comply with the written form shall be borne exclusively by the customer.
    • 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 allowed to transfer a service booked for a named customer to a third party with the explicit 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 business transactions between Multi Media Design Patrick Schmetzer and the customer. The regulations of the present General Terms and Conditions of Business will only withdraw from the contract if Multi Media Design Patrick Schmetzer has made individual written agreements with the customer which are contrary to the present General Terms and Conditions of Business. 
    • 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, MultiMediaDesignPatrick 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 amount and from 3 hours before the start 100%, even if no down payment has been made.
    • 4.4 If the client wishes changes which result in additional costs, these costs must be explicitly stated by Multi Media Design Patrick Schmetzer. In case 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 that is not caused by the fault of MultiMediaDesign Patrick Schmetzer (e.g. due to weather and natural delays) will be invoiced. These additional costs must be shown separately by Multi Media Design Patrick Schmetzer. 
    • 4.7 If a shooting or photo shoot is postponed by the client later than fourteen days before the agreed date, Multi Media Design Patrick Schmetzer is entitled to compensation for the additional costs incurred by 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 after receipt of the invoice by the client. If the invoice amount is not received on the account of Multi Media Design Patrick Schmetzer within this time, the client is in default of payment. For the determination of the delay no reminder or deadline by Multi Media Design Patrick Schmetzer is necessary. 
    • 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 MultiMediaDesignPatrickSchmetzer is liable within the framework of the legal Provisions towards the client for all intentional or grossly negligent caused damage. 
    • 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 or photographs shall be produced in a quality which MultiMedia Design can demonstrate to Patrick Schmetzer by means of sample rolls (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 Any change requests made by the client after placing the order but before the start of production must be considered by Multi Media Design Patrick Schmetzer. The client must be informed of any price changes resulting from these changes. In the case of requests for changes which change the agreements made up to that point to such an extent that Multi Media Design Patrick Schmetzer cannot take 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 until then are to be paid 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 client wishes to use his own production material (e.g. use of his own texts, pictures, etc.), he is obliged to provide it in a common and usable format. The material must be handed over in a period of time appropriate for its use before the start of the agreed shooting date. If the material provided must be elaborately adapted by Multi Media Design Patrick Schmetzer, the client bears the costs incurred for this. 
    • 8.7 The customer insures that he has the necessary rights for further processing of the production material he has provided and transfers these to Multi Media Design Patrick Schmetzer. 
    • 8.8 Multi Media Design Patrick Schmetzer is liable for loss or damage to the provided material, but only within the framework of a replacement delivery of the lost or damaged raw material. Multi Media Design Patrick Schmetzer is not liable for the loss of data and programs on this material, as it is the responsibility of the client to make 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 disturbances caused by recordings which the client has arranged in external companies, Multi Media Design Patrick Schmetzer does not assume any liability for this. 
    • 8.11. Until the acceptance of the film, the risk of loss, damage or defects caused by gross negligence is with Multi Media Design Patrick Schmetzer. 
  • 9. Acceptance 
    • 9.1 MultiMediaDesignPatrickSchmetz shall make the film/pictures 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 received within this period, the material shall be 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 necessary copyright exploitation rights for all agreements/concepts/scripts fixed in writing, in particular the reproduction, distribution, broadcasting, performance and ancillary copyrights necessary for the fulfillment of the contract, which will be administered by Multi Media Design Patrick Schmetzer even after completion of the film. 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 customer receives the exclusive rights of use according to the agreed time and space. The client is entitled to make any number of copies of the produced film for his own purposes. In addition, the client is authorized to transfer his right of use to third parties in whole or in part within the scope of contractual agreements or to have it exercised. The rights of use shall not pass to the client until 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 trade secrets of the other party which become known due to the contractual relationship and the execution of the contract and to ensure compliance with this obligation, also with regard to employees, by means of suitable measures. The obligation of secrecy shall continue to exist beyond the duration of the contract.
    • 11.2 Password If the client receives an individual "password" for access to portfolios or data, he already assures in his own interest to keep the password confidential. The Client shall manage passwords and other access data carefully and keep them secret. 
  • 12. Severability clause
    • 12.1 The invalidity of a provision of these General Terms and Conditions shall 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