GENERAL TERMS AND CONDITIONS

1. Validity of the Terms and Conditions:
1.1. For all services and deliveries of the agency to its clients as entrepreneurs within the meaning of § 14 BGB, the following General Terms and Conditions exclusively apply. Contrary terms and conditions of the client do not become part of the contract.

1.2. The terms and conditions take precedence over any regulations of the contracting parties that deviate from these terms and conditions in the order or other agreements or arrangements.

1.3. The terms and conditions also apply to all future orders of the client to the agency following the initial inclusion of these terms and conditions, even if the subsequent orders do not expressly refer again to the applicability of the terms and conditions.

Execution of Orders:
2.1. Offers by the agency to the client that include prices can be accepted by the client within three weeks after receipt. After the deadline, the agency is no longer bound to this offer. If the agency provides a mere cost estimate, it is only an invitation for the client to submit an offer to the agency, which requires acceptance by the agency.

2.2. The scope of services is determined by the product/service description made at the time of placing the order. Additional and/or subsequent changes to the product/service description require written form.

2.3. Meeting protocols prepared by the agency and transmitted to the client are considered commercial confirmation letters by the contracting parties. If the client does not object in writing within three working days, the agreements, instructions, orders, and other legally relevant statements contained therein become binding.

Commissioning of Third Parties:
3.1. The agency is entitled to carry out the assigned tasks itself or to commission agents/subcontractors in its own name.

3.2. The agency is entitled to place orders for the production of advertising materials in the name and on behalf of the client if the agency has informed the client of the name and address of the third party, and the client has not objected in writing within one week.

3.3. Orders to advertising media are placed by the agency in its own name and at its own expense. If quantity discounts or scale rates are claimed and the discount and tier conditions are not met, the client will be billed for the shortfall immediately, and the client indemnifies the agency against the medium on first request.

3.4. Offers by the agency to the client that include prices can be accepted by the client within three weeks after receipt. After the deadline, the agency is no longer bound to this offer. If the agency provides a mere cost estimate, it is not a binding offer.

Remuneration for Agency Services:
4.1. Unless otherwise agreed in the individual order, the services provided by the agency are invoiced on an hourly fee basis according to the time spent and the current hourly rates of the agency's staff involved. Technical costs are invoiced at the current cost rates of the agency for technical costs. The remuneration for usage rights is regulated in clauses 6.6 to 6.8 below.

4.2. Unless otherwise agreed, the agency is entitled to invoice its services monthly at the end of each month.

4.3. For services of third parties, which the agency legitimately uses to fulfill the contract/order, the agency charges a service fee of percent of the net amount of the third party's invoice.

4.4. Internal costs incurred by the agency for the implementation of the contractual service (e.g., communication costs, shipping and duplication costs, and travel expenses) are invoiced to the client at cost price.

4.5. If the client is in default of payment, the agency may request advance payments for future services.

Payment Conditions:
5.1. Agreed prices are net prices, to which the currently applicable value-added tax is added. Artist social security contributions, fees of GEMA or other collecting societies, customs duties, and other, also subsequently arising levies will be passed on to the client.

5.2. Invoices from the agency are due for payment without any deduction within 14 days of the invoice date. From the due date, the agency is entitled to charge default interest of 8 percent above the base rate.

5.3. Retention of payments or offsetting against counterclaims is only permissible with recognized or legally established claims acknowledged by the agency. This does not apply if the client is not a businessperson within the meaning of § 14 BGB.

5.4. Until full payment of all invoices relating to the order, the agency retains ownership of all services and rights, in particular, copyright usage rights, as well as ownership of files, documents, and objects provided.

Usage Rights; Scope and Remuneration:
6.1. All copyright and other usage rights to the work results released and paid for by the client for advertising purposes are transferred to the client to the extent
 
 

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