filmforbusiness; Martin Spieß hereinafter referred to as "filmforbusiness".
Freedom of design and templates:
There is freedom of design within the scope of the order. Complaints regarding the artistic design are excluded. If the client wishes changes during or after production, he has to bear the additional costs. filmforbusiness retains the right to remuneration for work that has already started.
The following conditions apply to all contractual and business relationships between the client and "filmforbusiness". Conditions of the client are valid if they are agreed in writing.
Order placement and confirmation:
The order should be placed in writing. If the order is placed verbally, possible transmission errors are at the expense of the customer. Our offers are non-binding. If there is a written order confirmation, the content and scope of the order result from this. We expressly reserve the right to accept an order.
Costs, weather risk, preparations for shooting:
Our prices are in euros plus statutory VAT. The calculated working time per day of shooting is max. 8 hours. The contractually agreed price includes all production costs, including a master copy, as well as the granting of rights to the film in the scope provided for in the section "Copyrights, exploitation rights". Weather-related or other postponements on the part of the client or interruptions to the shoot are not included in the calculated production costs. The additional costs arising from this point will be invoiced after receipt of these costs. The same applies to additionally required shooting days that are not due to grossly negligent or intentional behavior on the part of "filmforbusiness". A separate agreement can be concluded for the production of a concept, storyboard or script. The price agreed in this agreement is to be paid by the client even if he does not film the concept, storyboard or script or withdraws from the order. If the client expressly requests the conclusion of a certain insurance policy, he must inform "filmforbusiness" of this at the latest when the order is confirmed. The client bears the costs for this. If re-shooting becomes necessary without this being caused by grossly negligent behavior or negligence on the part of "filmforbusiness", e.g. due to equipment or material damage, the client cannot claim reimbursement for any travel costs or loss of earnings.
Preliminary work or filming, working on your existing or new homepage, as well as search engine optimization, begin at the earliest after the written order has been placed / the work contract has been issued. If a concept, storyboard or script or pre-existing film works or film scenes are made available by the client or his authorized representative, the rights required for further processing are to be transferred to "filmforbusiness". The artistic and technical design of the work is incumbent on "filmforbusiness". "Filmforbusiness" has to inform the client or his authorized representative about the location and the intended processes of the preparatory work, recordings and post-processing The preview copy can be viewed on site in the studio by "filmforbusiness", sent on DVD or shown by "filmforbusiness" to the client or viewed online on a server The implementation of the film idea is deemed to have been successful by his authorized representatives as successful and will be invoiced by filmforbusiness.
Changes that can be made with existing film material (editing, text, sound) are included in the offer price. Any additional shooting days required will be invoiced separately after the offer and approval. If the client requests changes to the work after acceptance of the work, these changes are at his expense. The desired changes must be communicated to us in writing. "filmforbusiness" must immediately inform the client or his authorized representative of the likely costs of these changes. "filmforbusiness" is obliged and only authorized to make changes. If "filmforbusiness" proposes changes to the already approved concept / storyboard / script for artistic or technical reasons, which lead to additional costs compared to the agreed production price, they require the prior consent of the client or his authorized representative. Additional costs not expressly approved cannot be claimed. This applies accordingly to change requests made by the client.
"filmforbusiness" is only liable to the client for damage caused intentionally or through gross negligence within the framework of the statutory provisions. Liability for slight negligence is excluded.
Withdrawal from the contract by the client:
If the work order has been placed and the client withdraws through no fault on the part of "filmforbusiness", there is no entitlement to a refund of advance payments already made.
filmforbusiness transfers the film or the homepage to the client either as a data carrier or as a download link immediately after completion. The client must confirm acceptance of the film in writing within 10 days. If the written consent is not given, the film is deemed to have been accepted. The client is obliged to accept if the film corresponds to the agreed agreement or the concept / script and the current quality standard. Even if the film deviates from the agreements made or the concept / script, but these deviations were incorporated at the client's request, the client is obliged to accept it. Flavor returns are generally excluded. Complaints must be made in writing within 10 days of delivery of the film. Later complaints will not be considered.
Retention of title:
The delivered works remain the property of "filmforbusiness" until the remuneration has been paid in full.
Film production: The invoice amounts are due after receipt of the invoice. The following applies to commissioned productions: 60% when the order is placed, 40% after acceptance.
Marketing packages: The invoice amounts are due at the beginning of each calendar month.
Copyrights, exploitation rights:
The client may make any number of copies of the produced film for his own purposes. The prerequisite for this is compliance with the data format given by "filmforbusiness". Excluded from this granting of rights are in any case the rights to edit, change, add, foreign language synchronization, the use of excerpts in images and / or sound and the format conversion, e.g. for use on the Internet, unless they are expressly agreed in the contract and paid for separately. In the case of a DVD to DVD or Blu-Ray disc to Blu-ray disc copy, a copyright notice from "filmforbusiness" must be visible on the DVD or Blu-ray disc included. All rights of use transferred to the client only when the agreed remuneration has been paid in full. If a film is produced by "Film for Business", it guarantees that it has all the necessary copyright exploitation rights for the concept / storyboard / Screenplay (except if they are with a collecting society), in particular the reproduction, distribution, broadcasting, performance and ancillary copyrights necessary for the fulfillment of the contract, which are also managed by "Film for Business" after the work has been completed .
The client expressly declares that it agrees that "filmforbusiness" can make the reports required by law to the relevant collecting societies. With the delivery of the film master, the risk for the copy documents is transferred to the client, even if the film is stored at "filmforbusiness" or at a copy company commissioned by it. "filmforbusiness" is entitled to show your company name and / or your company logo in the film and on DVD, etc. as a copyright notice. "filmforbusiness" is entitled to copy the produced film for its own advertising purposes (e.g. on the website, the filmforbusiness Yuoutube channel, the filmforbusiness Facebook Fanpage), on the occasion of competitions and festivals and show them. The copyrights to the scripts, concepts, drawings, plans and similar documents developed by "filmforbusiness" or on its behalf remain with "filmforbusiness", provided they are not used in the film or unless a fee has been agreed for them. Any use, in particular forwarding, duplication and publication, requires the express written consent of "filmforbusiness".
If several clients or co-producers as contractual partners of the client give "filmforbusiness" the order for a film, it must be recorded in writing before the start of shooting which client has to submit declarations to "filmforbusiness" in accordance with the previous points on the authority of the other clients. This applies in particular to the naming of the person who is responsible for the acceptance of the film. Changes to the contract for work and / or these production conditions must be made in writing. Should a provision of the production contract render any point of these manufacturing conditions ineffective, this shall not affect the validity of the remaining provisions. The place of performance is the "filmforbusiness" place of business. If individual provisions of these general terms and conditions are or become ineffective, this shall not affect the effectiveness of the remaining conditions. In such a case, the invalid provision is to be replaced by a valid one that comes close to the intended purpose. "Film for Business" recommends calling in a neutral and competent business mediator in the event of any discrepancies. Legal disputes should be avoided wherever possible in the interests of cooperative partnership. The place of jurisdiction is Heilbronn; Baden-Württemberg.
Heilbronn | 27.07.2019