CONDITIONS OF USE
§ 1 SCOPE AND TERM DEFINITIONS
The following general terms and conditions apply to all services to be provided and business transactions (hereinafter referred to as "product") both between Scharl (hereinafter referred to as "Agency") and the client (hereinafter referred to as "customer") as well as with suppliers, middlemen and_cc781905-5cde-3194-bb3b-136badderWiecf58dcf58d The following terms and conditions are the basis of all contracts between agency and customer and also apply to all future orders, even if they are not expressly agreed again. Deviating conditions do not apply unless the agency expressly agrees to them in writing.
§ 2 PLACING OF ORDERS
Orders are placed and accepted in writing via email or post. All verbal ancillary agreements are not part of the order as long as they have not been confirmed in writing by the agency.
Changes to the contract after the conclusion of the contract also require the written form.
If a contract is concluded between the agency and the customer, it is only effective after the agency has sent the contract documents (in the form of an offer) by email and they have been confirmed by the customer._cc781905-5cde- 3194-bb3b-136bad5cf58d_
Offers are valid up to 14 days after creation. The agency reserves the right to make changes to the offer after 14 days.
§ 3 MANUFACTURING COSTS AND CONTRACT COMPONENTS
The contractually agreed price includes all production costs for the services agreed in the offer and the provision of the first copy for the customer. The format of the first copy is agreed when the contract is signed.
All changes to the services specified in the contract after the order has been placed can be rejected by the agency. The refusal of change requests does not justify a separate right of termination for the customer.
The change requests can be accepted by the agency and recorded in writing with a new contract for additional costs and changed services .
With the conclusion of the contract, the customer acquires the sole but not exclusive rights to use the product of the agreed service.
The agency reserves the right to use the product for advertising purposes on its own channels such as the website and social media accounts.
Not part of the contract (unless agreed in writing in the contract) the raw data (image, video and project files) created during production.
§ 4 BILLINGS
In the offer and verbally mentioned Prices are to be understood plus the statutory value added tax, unless otherwise stated.
The price includes all production costs for the services specified in the offer.
For projects with an order value of €10,000 or more, 25% of the total amount shown in the offer is due upon order acceptance .
Projects under €5,000 are invoiced as a total. For projects with an order value of more than €5,000, billing takes place after completion of the partial steps specified in the offer.
If the customer is in arrears with payment and two subsequent reminders are sent (at intervals of 14 calendar days), the agency is entitled to withdraw from the contract without separate notification . Open claims of the agency against the customer become due at this time. In the event of a 14-day delay in payment for partial services, the agency reserves the right to pause production and services. The agency is also entitled to withdraw from the contract without notice if the customer's insolvency becomes known. Open claims of the agency against the customer are due at this point in time.
If the customer cancels a project, the following provisions apply:
The customer owes the agency 25% of the order value if a project is canceled for which the customer has already received a storyboard, moodboard or concept from the agency hat.
The customer owes the agency 100% of the order value if a project is canceled for which the customer has already received renderings or an animatic.
In addition, all damage caused to the agency by the premature termination of the contract must be replaced by the customer.
Immediately after the project is terminated, the final invoice is issued with a 14-day payment period.
Follow-up costs for the agency (e.g. legal advice costs, legal prosecution costs) due to non-payment of an invoice must be borne by the customer.
If the agency waits longer than four weeks for feedback from the customer, it is entitled to issue the final invoice for the project. Corrections submitted later by the customer will be treated as a new project and will require a new quote.
§ 5 OBLIGATIONS
All services specified in the offer are completed by the agency on time at the previously agreed time. The customer undertakes to actively participate in the adherence to schedules.
Information required by the agency as well as image and video files, which are necessary for the implementation of the project, are supplied by the customer immediately upon request.
If the set timetable set_at the beginning of the project is endangered by the violation of the customer's obligation to cooperate, the agency is entitled to create a new timetable. This will be sent by phone or email. If necessary, other projects for third parties are continued by the agency before proceeding with the project for the client.
If the customer violates the obligation to cooperate, all resulting consequential costs for the agency are to be borne by the customer.
At the start of the project, the customer determines a contact person who is authorized to make decisions. All correspondence is conducted between the agency and the contact person.
All corrections by third parties are invalid and only become effective after they have been confirmed by the contact person to the agency.
Materials for sub-steps submitted by the Agency shall be deemed accepted unless the Client submits a correction within five business days.
The customer must ensure that no third-party rights or laws are violated as a result of statements made or materials provided.
The customer assures that he owns all rights to all data that he transmits to the agency.
The agency tries to the best of its conscience to ensure that the work is admissible under trademark law, but refrains from all liability.
§ 6 CORRECTION RUNS
The customer receives interim results for each step specified in the order. Each two corrections per step are included in the offer price. Additional costs arising from further corrections are to be borne by the customer. The agency reserves the right to implement additional corrections as a gesture of goodwill or to recalculate the costs for the additional work and to submit a new offer to the customer accordingly.
Only as soon as the agency has received the approval from the customer for the intermediate results of a sub-step in writing does it start with the next sub-step.
Changes to partial steps that have already been approved will be invoiced separately to the customer as additional work.
§ 7 LIABILITY
The transmission of all material (including work, products, material samples, etc.) by post or courier is at the risk and expense of the customer. Transport damage, theft or loss of the shipment can only be asserted against the respective transport company.
ACCORDING TO § 5 TMG
BlackFlameVisuals owner Sebastian Scharl
Teutonenstrasse 26
90402 Nuremberg
Germany
Phone: +49 (0) 178 8100 615
Sales tax identification number:
DE338817336
RESPONSIBLE FOR THE CONTENT
Sebastian Scharl
Teutonenstrasse 26
90402 Nuremberg
Germany
info@BlackFlameVisuals.de
Tel.: +49 (0) 178 8100 615
Last update: 09/29/2022