General Terms and Conditions
§1 Scope of application
1.1 The following General Terms and Conditions (GTC) apply to all orders, offers and services provided by Ben Schu Content Creator (following Content Creator).
1.2 The GTC shall be deemed to have been agreed when the contract is concluded/the order is placed. A contract between the Content Creator and the client is only concluded when the offer is signed.
1.3 The GTC shall also expressly apply to all future orders within an ongoing business relationship. Unless otherwise agreed in writing.
§2 Remuneration / Provision of services
2.1 A fee plus any travel costs/expenses shall be agreed for the services of the Content Creator.
2.2 Invoices that are due for payment, or any advance payments shown, are to be paid within 14 days without deduction. The media, content, video, film, etc. remain the property of the Content Creator until full payment has been made. remain the property of the Content Creator.
2.3 The first payment is to be made within 14 days after conclusion of the contract, if agreed. The remaining amount as contractually agreed. (Payment in installments if agreed)
2.4 Exceptions to this are cases of illness (client) or death (family), which lead to the project being canceled. A review/verification of the situation is at the discretion of the Content Creator. If the project is to take place at a later date, this contract shall continue to apply if it can be realized by the Content Creator in terms of scheduling.
2.5 The offer includes two corrections of the media, content, video, films, etc. If the client requests further corrections, this will be charged at a flat rate for post-production (€ 600.00 net).
2.6 If cost increases occur during production for which the Content Creator is not responsible, these shall be borne by the Client. If the planned production time is exceeded for reasons for which the Content Creator is not responsible, the Client shall pay additional remuneration on the basis of the daily rate.
2.7 The Client expressly authorizes the Content Creator to purchase the services of third parties on its behalf as soon as these are necessary for the execution of the production. In these cases, the Content Creator shall act with power of attorney and for the account of the Client.
2.8 Commercial orders are subject to the artists' social security contribution.
§3 Acceptance
3.1 Complaints of any kind must be received by the Content Creator within 7 days of delivery of the media, content, video, film, etc.. After expiry of this period, the images shall be deemed to have been accepted in accordance with the contract and free of defects.
3.2 Notification of completion of the service shall be deemed to be the sending of the final invoice at the latest.
3.3 If communication with the Client is not possible or if the Client cannot be reached for a longer period of time, which noticeably exceeds the project period, an acceptance is invalid.
§4 Rights of use and copyright
4.1 The customer acquires the full right to use the delivered end product after all payment claims have been met. Unless otherwise contractually agreed. The rights of use shall be transferred exclusively to the customer. The customer is not entitled to transfer these in whole or in part to third parties.
4.2 The customer acknowledges that the photos and moving image/text material produced are copyrighted works within the meaning of Section 2 (1) (1), (5) and (6) of the German Copyright Act. The customer is expressly prohibited from rearranging the moving image or photo supplied. This expressly requires the written consent of the Contractor.
4.3 The client shall only receive edited image material/film material in high-resolution JPG/MP4 format. The quantity shall be at the discretion of the Content Creator and the duration of attendance on the day of the order. The selection is made by the Content Creator. The submission of unedited, digital Raw data (RAW) is excluded. The storage of digital image data/videos is not part of the order. The storage is therefore without guarantee.
4.4 The Content Creator shall be granted the right to use photos/films as a presentation of his own work. He may use the image files without restriction for his Internet presentation, advertising material, sample albums, for exhibitions, for publications in the trade press, for photo competitions, social media marketing or at trade fairs. In justified cases, the client may expressly object to such use of the images by the Content Creator for individual motifs.
§5 Liability/Transfer of risk
5.1 The Content Creator shall only be liable for damages of any kind on the occasion of the fulfillment of the contract for itself and its vicarious agents in the event of intent and gross negligence. This does not apply to damage to life and limb or from the breach of essential contractual obligations which he or his vicarious agents have caused through culpable breaches of duty.
5.2 The Content Creator shall only be liable for damage to or loss of negatives or digital image data/video material in the event of intent and gross negligence. The amount of liability is generally and in any case limited to the agreed total amount.
5.3 The Content Creator shall not be liable for damage, defects or loss caused by subcontractors or suppliers who provide their services on their own account.
5.4 The delivery of the media, content, video, film, etc. generally takes place approx. 8-12 weeks after the shooting days of the project.
5.5 However, if, due to circumstances for which the Content Creator is not responsible (e.g. sudden illness, traffic accident, environmental influences, traffic disruptions, etc.), no Content Creator appears on the agreed photo date or arrives too late, no liability can be accepted for any resulting damage or consequences.
§6 Data protection
6.1 The Client agrees that his personal data required for business transactions may be stored. The Content Creator undertakes to treat all information of which it becomes aware in the context of the order as confidential. More information PRIVAT POLICY
§7 Final provisions/ severability clause
7.1 The law of the Federal Republic of Germany shall apply exclusively.
7.2 Ancillary agreements to the contract do not exist and, if subsequently intended, must be made in writing to be effective.
7.3 The invalidity or ineffectiveness of one or more provisions of these GTC shall not affect the validity of the remaining provisions.
7.4 In the event that the Client has no place of jurisdiction in the Federal Republic of Germany or relocates its registered office or habitual residence abroad after conclusion of the contract, the place of residence of the Content Creator shall be agreed as the place of jurisdiction.