General Terms and Conditions of AV22 medien GmbH

§ 1     Scope of application

1. The following general terms and conditions (GTC) apply to all offers, concepts, services rendered and orders carried out by AV22 medien GmbH.

2. The GTC shall be deemed to have been agreed when the customer places the order with AV22 medien GmbH.

3. The customer may object to the GTC in writing within three working days of the order being placed. Any terms and conditions of business of the customer to the contrary will be taken into account individually.

 

§ 2     Conclusion of contract

1. The customer (hereinafter: customer) is the one who places the order. The order is placed via the customary business communication channel by e-mail to the personal contact person.

2. Offers and cost estimates of AV22 medien GmbH are subject to change and valid for 14 days.

3. AV22 medien GmbH is in principle entitled to refuse orders from the customer without giving reasons.

4. In the event of a complete withdrawal from the contract or a postponement of the production date, default costs shall arise according to the following calculation:

    50 % cancellation costs - 48 hours before the planned start of production,

    100 % cancellation costs - 24 hours before the planned start of production.

Organisational services already rendered as well as booked and non-cancellable travel costs shall be charged at 100 %.

 

§ 3    Provision of services

1. The client shall expressly receive only the film agreed in the concept and the order description as the final product. The raw material is and remains the property of AV22 medien GmbH.

2. All concepts, offers and services rendered remain the property of AV22 medien GmbH until payment has been made in full. Said documents may not be reproduced and passed on to third parties.

3. Defects and change requests must be notified in writing by e-mail within five working days after delivery. Thereafter, the services shall be deemed to have been accepted and shall be invoiced in accordance with the contract. All changes beyond the concept will be checked for additional costs and written in an additional offer.

4. During the production AV22 medien GmbH is not subject to the instructions of the customer. All conceptual details of the film production will be discussed and agreed upon during the concept phase. The organisation and implementation is the responsibility of AV22 medien GmbH. Individual arrangements can be made with the editorial team on site at short notice.

5. If cost increases or delays occur during production,
(1) for which AV22 medien GmbH is not responsible (e.g. price increases for rent, actors, etc.), these shall be borne by the customer on the basis of the agreed fee.
(2) for which AV22 medien GmbH is responsible, these will not be invoiced separately.
(3) which are due to force majeure (e.g. bad weather, delays of public transport), the customer and AV22 medien GmbH shall bear the costs equally. If a certain risk potential is foreseeable, a revolving accident insurance can be taken out. AV22 medien GmbH will organise and take out this insurance and will pass on 100% of the insurance premium to the customer.

 

§ 4    Rights of use

1. The film productions, services and products created by AV22 medien GmbH are works protected by copyright according to § 2 UrhG (German Copyright Act).

2. The customer acquires the rights of use within the agreed scope after all payment claims of AV22 medien GmbH have been met and unless restricted by § 4 (6).
(1) Unless otherwise agreed, the customer shall receive the non-exclusive, temporally unlimited right of use on the Internet (including social media) and for screening in non-public rooms (e.g. own company rooms, personal meetings, etc.).
(2) Any use beyond this, in particular in public spaces, at trade fairs, in radio, TV, cinema, etc., is subject to additional costs on a temporally and spatially limited licence basis.

3. The rights of use cannot be transferred to third parties. The right to edit and change the film (final product) is the exclusive property of AV22 medien GmbH.

4. Raw material, correspondence and all variants and master recordings of the final product shall remain with AV22 medien GmbH and shall be archived for a period of one year.

5. AV22 medien GmbH may process and use all content created within the framework of the contract in whole or in part for its own reference purposes, subject to the observance of any confidentiality agreements concluded.

6. External rights, for example for actors, pieces of music, stock footage or sound recordings can only be transferred insofar as the individual licence conditions of the rights holders provide for it.
(1) AV22 medien GmbH shall inform the customer about this and, as far as possible, transfer the rights of use and shall not be liable for damages and additional claims arising from exceeding the limitation of use.
(2) The customer (publisher) shall register with rights exploitation societies, for example GEMA or VG Bild, himself.

 

§ 5    Conditions for shooting days and field work

1. In the case of a distance of 300 km or more from the business premises of AV22 medien GmbH, an overnight stay as well as a separate day of arrival and, if necessary, departure shall be planned. Travel and accommodation days shall be remunerated at 50 % of the agreed daily fee.

2. In the case of overnight stays, the accommodation of the crew and actors in single rooms including breakfast shall be taken into account. The organisation and booking shall be carried out by AV22 medien GmbH. An accommodation flat rate including breakfast of 80 euros per person shall be set as the upper limit. Should the costs and conditions not be feasible for organisational reasons (e.g. in the case of trade fairs or other major events in conurbations or lack of availability in rural areas), arrangements will be made with the customer at the time the offer is made.

3. The daily rates offered are for up to 10 hours of working time (including travel time). AV22 medien GmbH shall charge a surcharge of 50 % from the 13th working hour. From the 14th working hour onwards, a surcharge of 100 % shall be charged.

4. Other travel expenses will be charged according to the current statutory expense rates.

 

§ 6    Prices and terms of payment

1. All prices included in the offer are net prices plus the current statutory value added tax (as of 2017: 19 %).

2. The invoice shall be issued after the service has been rendered and accepted, however, no later than three days thereafter.

3. The full invoice amount is payable without deductions within 30 days of the invoice date.

4. After 30 days, the client shall automatically be in default of payment and interest on arrears shall be due at a rate of 6 %. In addition, a reminder fee of 10 euros shall be charged for reminders.

5. The agreed fee shall be paid in full even if the contractual end product is not published/used by the client in the intended scope.

 

§ 7    Termination of contract

In the event of termination of the contract for which AV22 medien GmbH is not responsible, the client shall pay 100 % of all costs incurred up to that point and of all costs incurred for the execution of the project.

 

§ 8    Final conditions

1. Working days are Monday to Friday, excluding public holidays. A working day counts for a maximum of 10 hours including breaks. In exceptional cases, productions may take place on Sundays and public holidays with a surcharge of 100% on the daily rates.

2. The place of jurisdiction and performance shall be Euskirchen. The law of the Federal Republic of Germany shall apply.

3. There are no verbal subsidiary agreements. Amendments must be agreed in writing by both parties.

4. Amendments to this contract must be made in writing. Should individual provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision which comes as close as possible to the economic objective of the parties and which is compatible with the remaining provisions of this contract.

 

Status: July 2020