§ 1 Validity
All deliveries and services are based on these terms and conditions. By placing an order, the client accepts the following conditions. Divergent conditions of purchase or terms of delivery and payment of the client are not considered as agreed, as far as these deviate from the general terms and conditions of our company.
§ 2 Offers
Prices and other offers are non-binding. The information given in printed matter, electronic media or other documents is non-binding; they only become binding once the order has been confirmed. The information, characteristics and volumes stated in the order confirmation are always binding.
§ 3 Prices
All prices quoted are - unless otherwise stated - plus applicable VAT. All prices are exclusive of expenses and travel expenses. Additional costs due to a delivery method requested by the customer (eg express, courier, etc.) shall be borne by the client. The quoted prices remain valid for two weeks from the date of the offer, but at the latest until 10 days before the start of production. After that, different costs may arise.
§ 4 Ordering
Written, telephone, fax or electronic media orders are binding for the purchaser. The confirmation of production dates, filming dates and shooting dates shall also be deemed to be an order confirmation.
§ 5 Terms of payment, cancellation
We allow ourselves to charge 50% of the total fee for placing an order. Another 30% will be charged according to project progress, the remaining 20% after completion of the contract. If the order volume contains a significant portion of third-party services, we are entitled to increase the discount accordingly. Third-party services will be invoiced 100% in advance. If, after the order has been placed and the filming has been completed, a project is delayed more than 30 days or if the project still has additional shooting dates, customer feedback and approvals are not timely to ensure the smooth production process, NORTHFAB Productions Jürgen Hoffmann is entitled to recalculate the project accordingly to create and to invoce the costs incurred up to this date. Payment must be made within 10 days of receiving the invoice. In the event of late payment, NORTHFAB Productions Jürgen Hoffmann is entitled to postpone fulfillment of its obligations until the outstanding payments have been effected. In the case of services already rendered, NORTHFAB Productions Jürgen Hoffmann is entitled to charge default interest of 5% above the rate of the European Central Bank in the event of late payment. If the client, for whatever reason, withdraws from his order, he will pay for all costs incurred up to the cancellation. Furthermore, NORTHFAB Productions Jürgen Hoffmann can demand up to 50% of the order value up to 10 days before the start of production without proof of damage, and then 75% as cancellation costs. The cancellation must be in writing. After completion of the production no cancellation can take place.
§ 6 Special services
Special services such as the reworking, modification or supplementation of products will be billed separately according to the time required. Expenses for additional technical costs - in particular special materials, photo documentation or scans - are to be reimbursed by the client if they have been requested by the customer. Travel expenses and travel expenses incurred in connection with the contract and agreed with the client must be reimbursed by the client. Other services necessary for the production (if not listed as an item in the offer), such as background music, transcripts, translations, voice-over, location costs, permits, catering, camera accessories, tripods, lighting equipment, sound, color corrections, retouching as well as transport costs will be charged according to time and effort.
§ 7 Delivery, delivery dates, late acceptance
Delivery is always ex works. Delivery is at the expense and risk of the client. Transport damage, or missing parts of a consignment are to be claimed immediately at the delivering forwarding agency or at the post office. Delivery dates are agreed when placing an order with the client. If the client does not accept the delivery at the agreed time, and the delay is not caused by an act of NORTHFAB Productions Jürgen Hoffmann, he shall nevertheless have to make the payments dependent on the service on the agreed date. The same applies if subsequent changes or additions are made at the request of the client. As a result, a delay attributable to the customer does not entitle the customer to late payment.
§ 8 Service contract
If a service contract is concluded between NORTHFAB Productions Jürgen Hoffmann and the client, different provisions inthe service contract have priority over the General Terms and Conditions.
§ 9 working hours
A daily rate includes 8 hours of work, a half-day rate is 4 hours. Unless otherwise agreed, the working time of a day booking lasts from 9:00 a.m. to 6:00 p.m. with an hour lunch break. Working hours begin when the team arrives at the agreed place of work at the agreed time. Preparation times such as assembly and dismantling, make-up and hairstyling count as working hours. Overtime is paid at 15% of the agreed daily rate per hour, unless otherwise agreed. Goodwill does not charge for exceeding the working time by up to 30 minutes. At an event, the execution of a test run counts as working time and is billed additionally according to the daily rates and equipmentcosts listed in the offer. The arrival and departure as well as the assemblyand dismantling time of the team count as working hours. Arrival and departure (together)up to one hour per day will not be charged as a goodwill gesture.
§ 10 Travel and board expensess
Travel expenses will be charged according to expenditure. Kilometers driven by car are charged at 38 cents per kilometer. Parking fees will be charged according to expenses. The catering fee is 14,00 € for an absence of 8 to 24 hours from the place of activity. In case of absence of more than 24 hours, it is 28,00 €.
§ 11 Foreign Work
We are entitled to have parts of the order made by third party companies. We assume no liability for the regularity and quality of these third-party works. In the event of defects, the customer has the right to assert the claims for damages against third-party companies in our own name.
§ 12 Acceptance, Complaints
Complaints to our products must be reported in writing within 10 days after delivery. Defects of part of the delivery do not entitle to withdrawal. Only in the event that a rectification is not carried out by us after a reasonable deadline, the customer is entitled to resign.
§ 13 Guarantee and liability of the agency
The risk of the legal admissibility of the measuresdeveloped and implemented by the agency is borne by the customer. This appliesin particular in the event that the actions and measures violate the provisionsof competition law, copyright law and special advertising laws. However, theagency is obliged to point out legal risks if they become aware of them duringits work. The customer exempts the agency from third party claims if the agencyhas acted at the express request of the customer, although it has informed thecustomer of concerns about the admissibility of the measures. The agency mustreport such concerns to the customer immediately after they become known inwriting. If the agency considers a competition law review by a particularlycompetent person or institution to be necessary for a measure to be carriedout, the costs for this shall be borne by the customer after consultation withthe agency.
The agency is in no way liable for the factual statementscontained in the advertising measures about products and services of thecustomer. The agency is also not liable for the patent, copyright and trademarkprotection or registrability of the ideas, suggestions, proposals, concepts anddrafts delivered in the context of the order.
The agency is only liable for damage that it or itsvicarious agents have caused intentionally or through gross negligence. Theagency's liability is limited to the one-time income of the agency resultingfrom the respective order. The agency's liability for consequential damagecaused by defects on the legal basis of a positive breach of contract isexcluded if and to the extent that the agency's liability does not result froma breach of the obligations essential for the fulfillment of the purpose of thecontract. Liability for culpable injury to life, limb or health remainsunaffected.
We are not liable for stable internet connections for livestreaming events. It is possible to secure the event better with an additionalbonding system. This has to be added additionally. If the event is carried outwith third-party software, the third-party provider is responsible for ensuringthat it functions properly. Basically, a test run of the event must be carriedout in order to guarantee a safe functionality of the event (existing network, radio signals, etc.).
§ 14 Retention of title
The delivered products remain the property of NORTHFAB Productions Jürgen Hoffmann until full payment of all claims arising from the business relationship. The cessation of individual claims in a current account and the balance and their recognition do not affect the retention of title. The client is obliged to impose our reservation of title on his customers.
§ 15 Digital Data
Our products are protected by copyright law. All creative work initially remains the property of NORTHFAB Productions Jürgen Hoffmann. A sale can only be made by the author against payment or free of charge. Any further right requires a separate written confirmation from our side. The unauthorized transfer of our products to third parties makes liable for damages. This also applies to all preliminary stages of our products. Unless otherwise agreed separately and listed under the respective description of the item, the following factors apply for determining the usage fee:
Type of use: simple/earmarked (inklusive) / exclusive/non-earmarked 1.0
Area of use: online (inklusive) / regional use 0.1 / national use 0.3 / Europe-wide use 1.5 / worldwide use 3.0
Usage duration: 1 year (inklusive) / 3 years 1.0 / 5 years 1.5 / unlimited 3.0
Level of use: low (inklusive) / medium 1.0 / large 1.5 / extensive 3.0
All produced content and finished products may be used by NORTHFAB Productions Jürgen Hoffmann for its own advertising purposes.
§ 17 Submission
NORTHFAB Productions Jürgen Hoffmann can not be held responsible for the accuracy of the submissions by the client. All templates provided to us will be treated with care. Should a loss or total damage occur due to our fault, we are liable up to a material value of 300, - Euro in the event that we are only slightly negligent. Incidentally, the liability follows the statutory provisions.
§ 18 Force Majeure
If NORTHFAB Productions Jürgen Hoffmann is prevented from fulfilling its obligations by the occurrence of unforeseeable exceptional circumstances that could not be averted despite the reasonable care that may be required under the circumstances of the case - at NORTHFAB Productions Jürgen Hoffmann, as with its suppliers or third party contractors - e.g. Operational disruptions, official interventions, energy supply difficulties or the like, the delivery period is extended to an appropriate extent if the delivery or service is not impossible. If the delivery or service becomes impossible, the contractor will be released from the delivery obligation.
§ 19 Jurisdiction, place of performance
Jurisdiction and place of performance for all arising from the contractual relationship is Berlin.
§ 20 Severability clause
The ineffectiveness of one of the above conditions - for whatever reason - does not affect the validity of the remaining conditions. The invalid clause shall be replaced by one that comes closest to its meaning and content to the invalid clause or fulfills the intended economic purpose.