GENERAL TERMS AND CONDITIONS GRAVITY FILMS
The following general terms and conditions apply to all orders for the production of films in their own name and accepted by the company "GRAVITY FILMS by Christopher König", www.gravityfilms.de, Schlehdornstr.15, 82031 Grünwald, (hereinafter referred to as "Gravity Films") be carried out on their own account on behalf of the respective customer (hereinafter referred to as "customer").
"Customer" within the meaning of these terms and conditions is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and enter into liabilities.
Changes and additions to these general terms and conditions must be made in writing to be effective. Should a provision of these general terms and conditions be or become ineffective, the remaining provisions shall remain in effect. Instead of the ineffective provision, that effective provision shall apply, which comes as close as possible to the economic purpose pursued by the ineffective provision.
§ 1 ORDER
In accordance with the general terms and conditions, the customer commissions Gravity Films with a film or photo production. A contract between Gravity Films and the customer comes about through a written order confirmation. An order can also be placed by e-mail if it contains the name and e-mail address of the sender, the time of sending (date and time) and a signature in the form of a reproduction of the name at the end of the message. This then counts as a declaration of intent and is legally permissible.
The offers on the website are only non-binding requests to the customer to make an inquiry regarding a project. This is not a legally binding contract offer.
A request from the customer about a possible project also does not constitute an offer to accept an order.
§ 2 CONFIDENTIALITY
The unencrypted transmission of data on the Internet cannot be guaranteed. Each contractual partner provides a coordinated encryption system on his side at the request of the other.
§ 3 TERMS OF PAYMENT
3.1 The customer is obliged to pay the invoice, which is issued after completion of the project, by bank transfer. A prepayment is not necessary.
3.2 An ongoing project that subsequently depends on customer feedback and stays with the customer for more than four weeks with no progress in terms of the production processes gives Gravity Films the right to issue the final invoice at an early stage i. H. of the outstanding order value plus statutory VAT. Project work will of course continue to be continued or completed as soon as it can be continued with feedback from the customer.
§ 4 CORRECTION REQUESTS, SUBSEQUENT ADJUSTMENTS, ADDITIONAL SERVICES, REFERENCE
4.1 The customer undertakes to check films produced for him immediately after completion or after they have appeared on the website or at a streaming service provider ( e.g. www.youtube.com ) and any errors within one week of completion / discontinuation at the latest to complain in writing. If there is no timely complaint, any claims (warranty claims) by the customer are void.
4.2 In the event that the customer has change requests, these will be implemented free of charge up to a maximum of two correction / adjustment runs (a total of half a working day). Changes beyond this number will be charged at an hourly rate i. H. v. 59.00 euros net / hour will be invoiced to the customer.
4.3 If, after completion of the film, the customer requests changes and / or additional services that were not provided for in the offer / order, Gravity Films will invoice the customer for the additional work at an hourly rate of 79.00 euros net (plus the applicable statutory VAT) put. The customer is obliged to remunerate the additional work accordingly.
4.4 Gravity Films will then carry out any change requests made by the customer as part of the acceptance process, provided these changes or adjustments are provided for in the storyboard / offer / order. For changes for which the customer is responsible, such as subsequent changes to the text regarding the spoken text and the soundtrack, the additional costs incurred through the respective adjustment will be charged to the customer. The additional effort must be paid for at a rate of 79.00 euros net per hour.
4.5 After the film has been created in full, the customer automatically grants the right to use the film produced by Gravity Films for the customer for an unlimited period of time and space as a reference and to be able to indicate it in all places where Gravity Films would like to show it. The film may therefore be integrated into the portfolio or the website and used for advertising purposes, including in the social media area, as long as it is not a film for the internal communication of a company. If the customer does not agree to this, he must inform Gravity Films in writing within five working days of the completion of the film.
§ 5 OBLIGATIONS OF THE CUSTOMER
5.1 By placing the order, the customer confirms that he has acquired all necessary rights of use for copyrights, ancillary copyrights and other rights to the texts, photos, logos, fonts and licensed music provided by him and can freely dispose of them.
5.2 The customer indemnifies Gravity Films from all costs and claims of third parties that may arise from the infringement of copyright, competition, press, criminal or other legal provisions at Gravity Films.
5.3 The customer is not entitled to assign or transfer rights or obligations from the contract to third parties without the express prior consent of Gravity Films. Gravity Films can assign or transfer rights and obligations from the order to a third party at any time.
§ 6 RIGHT OF WITHDRAWAL
6.1 Gravity Films expressly reserves the right to refuse the production of films, even after the order has been placed, for reasons that make execution of the contract unreasonable for Gravity Films. This is particularly the case if the production violates copyright, competition, press, criminal or other legal provisions.
6.2 The customer has the right to be informed of the reasons for the rejection. If Gravity Films is not to blame for the unreasonable performance of the contract, costs that Gravity Films have already incurred must be deducted from this reimbursement claim. Any further claims of the customer are excluded. If the customer has not yet made any payments in such a case, Gravity Films can demand reimbursement for costs already incurred.
§ 7 PRICES
The offer listed at the time the order is signed applies to production, unless otherwise agreed in an individual contract.
§ 8 SCOPE OF APPLICATION
8.1 For all initial, current and future business to be concluded / concluded with Gravity Films, the general terms and conditions described here apply exclusively. Gravity Films does not recognize conditions of the customer that differ from these general terms and conditions. These do not become part of the contract even if Gravity Films does not expressly contradict them.
8.2 With the placing of the order, the exclusive validity of these terms and conditions is recognized by the customer.
§ 9 TRANSFER OF TITLE
Only after the customer has paid for the film in full, the associated rights and obligations are fully transferred to the customer. It is expressly pointed out at this point that the film made may not be shown on TV, radio or cinema. If the customer so desires, he must address this request in writing to Gravity Films.
§ 10 LIABILITY
10.1 Gravity Films is not liable for the fact that the films produced were not able to achieve certain results (e.g. possible sales increases).
10.2 Gravity Films is only liable for damages, for whatever legal reason, in the event of willful intent, gross negligence and the absence of a contractually guaranteed property.
10.3 In all other cases, Gravity Films is only liable if essential contractual obligations (cardinal obligations) are violated. The compensation is limited to the typically foreseeable damage. Compensation for atypical or unforeseeable damage does not take place.
§ 11 SEVERABILITY CLAUSE
Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, this shall not affect the validity of the rest of the contract. In place of the ineffective or unenforceable provision, that effective and enforceable provision should be used, the effect of which comes as close as possible to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the contract turns out to be incomplete.
These terms and conditions apply from January 4th, 2021. All previous terms and conditions lose their validity.