These General Terms and Conditions (“Terms”) apply to all contracts for video production, live streaming and related creative services concluded between [Company Name] GmbH, [Street Address], 10115 Berlin, Germany (“we”, “us”) and our clients (“Client”). Deviating terms and conditions of the Client shall not apply unless we expressly agree to them in writing.<\/p>\n
We provide video production, live streaming, corporate film, documentary, commercial and related creative and post-production services as described in an individual offer or proposal. The precise scope of services, deliverables, timeline and fees are agreed separately for each project in a written quotation, proposal or production agreement.<\/p>\n
Our quotations are non-binding. A contract is formed once the Client accepts our written offer (including by email) or once we confirm a project brief in writing. Any changes to the agreed scope of work after contract formation (“change requests”) may result in additional fees and adjusted timelines, to be agreed between the parties in advance.<\/p>\n
All prices are quoted in EUR and, unless otherwise agreed, exclusive of statutory value-added tax (VAT). Unless a different arrangement is agreed in the individual proposal, we invoice 50% of the agreed fee as a deposit upon contract formation, with the balance due upon delivery of the final deliverables. Invoices are payable within 14 days of the invoice date without deduction. In the event of late payment, we reserve the right to charge statutory default interest pursuant to \u00a7 288 BGB.<\/p>\n
The Client shall provide, in a timely manner, all information, materials, briefings, access, approvals and other cooperation reasonably necessary for us to perform the agreed services (e.g. location access, brand assets, footage, feedback on drafts). Delays caused by the Client’s failure to cooperate may result in corresponding adjustments to the project timeline, without liability on our part.<\/p>\n
Deliverables are provided in the format and via the delivery method agreed in the individual proposal. Unless otherwise agreed, the agreed fee includes up to two rounds of revisions on the final edit. Additional revision rounds or substantial changes to the creative direction after approval of a rough cut may be charged separately at our then-current hourly rate.<\/p>\n
If the Client cancels a confirmed shoot date less than 14 days before the scheduled date, we reserve the right to charge a cancellation fee of up to 50% of the agreed fee to cover costs already incurred (e.g. crew, equipment, location bookings) and lost capacity. Rescheduling requests are subject to crew and location availability.<\/p>\n
Upon full payment of the agreed fee, the Client receives the usage rights to the final delivered content as specified in the individual proposal (e.g. territory, duration, media channels). Unless expressly transferred in writing, we retain all copyrights and other intellectual property rights in raw footage, project files and unused material, and reserve the right to use the final delivered content in our own portfolio and promotional materials, unless the Client objects in writing at the time of contract formation.<\/p>\n
We perform our services with the diligence of a reasonably prudent service provider in the video production industry. Claims for defects must be raised by the Client without undue delay after discovery, and in any case within the statutory limitation periods under German law.<\/p>\n
We shall be liable without limitation for damages caused by intent or gross negligence, and for damages resulting from injury to life, body or health. For damages caused by simple (ordinary) negligence, we shall only be liable in the event of a breach of a material contractual obligation (Kardinalpflicht), and in this case liability shall be limited to the damage that was foreseeable and typical at the time the contract was concluded. Any further liability is excluded, unless otherwise required by mandatory statutory provisions (e.g. under the German Product Liability Act).<\/p>\n
Neither party shall be liable for delays or failure to perform resulting from circumstances beyond its reasonable control, including but not limited to natural disasters, government action, pandemics, strikes, or failures of third-party infrastructure. Affected deadlines shall be extended by the duration of the impediment.<\/p>\n