General Terms and Conditions (GTC)
1. AREA OF APPLICATION
These GTC apply to all business relationships between Aurélie Haußmann (hereinafter referred to as the "Provider") and the customer. Deviations from these terms and conditions are only valid if the provider expressly agrees to them in writing.
2. SUBJECT MATTER OF THE CONTRACT AND COPYRIGHT
The provider creates graphic and/or conceptual work on the basis of the respective order. All drafts and final artwork are subject to copyright. Any changes require the express consent of the provider. In the event of infringement, the customer shall be liable for all resulting damages.
3. CUSTOMER DATA AND DISCLAIMER
If the customer provides materials, he is responsible for ensuring that these do not infringe the rights of third parties (e.g. copyrights). The customer shall be fully liable for any infringements and shall indemnify the provider against any third-party claims.
4. CORRECTION LOOPS
The customer is entitled to two correction loops. Further change requests after the second correction loop will be invoiced separately. Drafts that have not been approved may not be used by the customer.
5. PROFESSIONAL VIDEOS AND PHOTOGRAPHS
The exact services are specified individually in the contract. The customer is responsible for all necessary rights to persons or objects that appear in the recordings.
6. RELEASE OF DATA
Unless otherwise agreed, the customer shall only receive processed final data. There is no entitlement to raw data.
7. CONCLUSION OF CONTRACT
A non-binding initial consultation precedes the conclusion of the contract. An order is deemed to have been accepted if the provider's offer has been confirmed in writing within 14 days.
8. COPYRIGHT AND RIGHTS OF USE
The simple rights of use are transferred after full payment. Any transfer to third parties requires the consent of the provider.
9. TRADE MARK EXAMINATION
The customer is advised that the provider does not carry out a trade mark rights check of the design created. It is the sole responsibility of the customer to ensure that the design commissioned and delivered does not infringe any existing trade mark rights of third parties. The customer undertakes to indemnify the provider against all third-party claims arising from trade mark infringements and to compensate the provider for all damages incurred as a result.
10. REMUNERATION
Drafts and finished work are subject to a charge unless otherwise agreed. Remuneration shall be based either on an agreed hourly rate or a lump sum.
11. SMALL BUSINESS REGULATION
The supplier is exempt from VAT as a small business.
12. EXTERNAL SERVICES
The provider may commission necessary external services on behalf of the customer. The customer shall bear the resulting costs.
13. PAYMENT MODALITIES / REMUNERATION
1. payment shall be made after completion of the work and before handover of the data.
2. payment shall be made in three instalments, unless otherwise agreed: * 1/3 of the total remuneration when the order is placed. * 1/3 of the total remuneration after acceptance of the preliminary draft. * 1/3 of the total remuneration after completion of the work and final acceptance by the client.
3. unless otherwise stated, all prices are net and do not include statutory VAT due to the small business regulation.
4. in the event of late payment by the client, the provider is entitled to charge interest on arrears at a rate of 5% above the respective base interest rate.
14. SELF-PROMOTION
The provider may use the created works for self-promotional purposes.
17. COMPLAINTS
Defects must be reported within 10 days of delivery.
16. PROVISION OF NECESSARY DOCUMENTS AND FILES BY THE CLIENT
If the Client fails to submit the documents and files required for the successful realisation of the project to the Provider on time and in full, and if this delay significantly impedes or completely prevents the completion of the project, the Provider reserves the right to terminate the contract and any associated agreements. The Client shall be invoiced for the work performed up to this point in time on the basis of the actual hours worked.
15. ARTISTIC FREEDOM AND CUSTOMER REQUESTS
The provider shall always integrate the customer's requirements and specifications into the creative work with the utmost care and to the best of its knowledge and belief. Both the Provider and the Client recognise and respect that the creation of videos and photographs is an artistic activity that requires a considerable degree of creative and artistic freedom. In this context, the customer is aware that the provider only guarantees the production of a work that is based on the professional experience and judgement of the provider and that meets the customer's wishes. Complaints or claims regarding the artistic execution of the commissioned work are therefore expressly excluded.
18. RELEASE
With the release of work, the customer assumes responsibility for the correctness of the content, technical and functional aspects.
19. DELIVERY DATES
Unless bindingly agreed, completion dates specified in the contract are non-binding.
20. CANCELLATION
A right of cancellation is set out in the individual contract.
21. ONLINE DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS):
https://ec.europa.eu/consumers/odr/
Our email address: design@mlle-cinelle.de
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
22. PLACE OF JURISDICTION
Place of jurisdiction is Cologne