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General Terms and Conditions of Business and Delivery

  1. General Terms and Conditions

 

  1. The following general terms and conditions of business apply exclusively to all contracts, deliveries and other services, including brokerage and consulting services, unless they have been modified or excluded with the express written consent of audioberlin audiotainment GmbH (hereinafter referred to as “audioberlin”).
  2. General terms and conditions of customers, speakers or clients of audioberlin shall not become part of the contract, even if audioberlin does not expressly object to them again, shall not become part of the contract.
  3. Business hours are Monday through Friday from 9:00 a.m. to 6:00 p.m.. Surcharges for times outside of business hours: 6:00 p.m. – 8:00 p.m. +20%; after 8:00 p.m., as well as Saturdays, Sundays and holidays +50%.
  4. All offers are subject to change. Unless otherwise agreed in writing, prices include personnel and are generally exclusive of value-added tax. audioberlin reserves the property rights and copyrights to all calculations, drawings, illustrations and other documents and these may not be made available to third parties without prior agreement.
  5. Every booking, even by telephone, is considered binding. Bookings that are not cancelled 24 hours prior to the start of production will be charged 100% of the booked time and, if applicable, a speaker cancellation fee.
  6. audioberlin guarantees the archiving of all data up to 3 months after production completion.
  7. All services, deliveries and returns are at the expense and risk of the client. The client is the party who initiates the execution of the order. There is no obligation for the contractor to check the authority of the client. The Contractor shall not be obliged to issue a written order confirmation unless this is expressly requested by the Client.
  8. When placing an order, the customer must specify the product, the area of application and the utilization period for the production or service. Changes must be communicated to audioberlin without delay.
  9. If works, music or language protected by exploitation rights, which are not part of the offer, are used in productions at the express request of the client, the client is solely responsible for clarifying, obtaining and compensating for all third party claims existing on this material, unless otherwise agreed in individual cases or audioberlin has been expressly commissioned with the clarification.

In such a case, the client is generally obligated to indemnify audioberlin from claims of third parties that are raised in connection with the processing of the material requested by the client. The client is hereby informed that publications, duplications and/or distributions, as well as any other kind of commercial and/or public utilization of works, music or speech protected by copyright and/or ancillary copyright, which are not made for purely private purposes, are illegal without the corresponding permission. Rights on the part of collecting societies (e.g. GEMA) are not transferable, so that they are not compensable or settled by payments of the client to audioberlin.

  1. audioberlin’s promises of deadlines for production processes are made to the best of its knowledge and belief, but without guarantee. The contractor assumes no liability for delays caused by external services. For delays due to the fault of the contractor in the course of a production process, the contractor shall only be liable up to the amount of the in-house performance caused by the delay. External services as well as indirect damages are not included in the liability.
  2. The terms of payment shall be those stated on the invoice. Discounts are not granted in principle, unless there is a written agreement to the contrary with the client.
  3. audioberlin as the contractor is generally not responsible for the quality, punctuality and costs of external services provided during the execution of an order. The contractor shall, to the best of his knowledge and belief, arrange for and, if necessary, disburse the costs of such outside services at the markup customary in the industry (speaker fees, postage, cab costs, courier services, etc.).
  4. audioberlin retains ownership of the productions and sold goods including all rights until full payment of all claims from the business relationship. Sound and text creations and all performance rights or reproduction rights created by audioberlin as part of the order or provided from archives also remain the property of audioberlin until full payment of all claims arising from this order or other orders from the client. audioberlin is entitled to prohibit the client from further use and exploitation of a production or service created by audioberlin with immediate effect if the client is more than 20 days in arrears with payment.
  5. Each order placed shall be a copyright contract directed towards the granting of rights of use and exploitation to the productions and works created by the Contractor. The rights of use and exploitation to the productions and services created shall be transferred to the Client exclusively to the agreed extent, for the agreed time and for the agreed purpose.

All drafts and finished productions are subject to copyright law. Its provisions shall apply even if the level of creation required under § 2 UrhG has not been reached. Suggestions of the client or his other cooperation do not result in a reduction of remuneration and do not establish a joint copyright.

  1. Neither the placing of an order nor the payment for the ordered production or service shall constitute an exclusivity or a non-competition clause to the detriment of the Contractor. Exceptions to this require an explicit and written agreement. The Contractor shall be entitled to otherwise exploit the productions and services created by it after the expiry of the Client’s right of exploitation, which is limited in time, unless personal rights or ancillary copyrights of the Client conflict with such exploitation.
  2. audioberlin is entitled to use all productions and services or parts thereof that have been created on behalf of clients for the purpose of self-promotion in all media free of charge, temporally and spatially unrestricted. For this purpose, the contractor is entitled to mention the name of the client or the speaker.
  3. audioberlin creates productions based on the information provided by the client. Texts submitted by the client for production are considered approved. The contractor is not liable for errors in texts that have been submitted or approved by the client.
  4. Complaints regarding productions created by the contractor must be made immediately upon receipt.
  5. audioberlin shall deliver the productions according to the client’s wishes via e-mail, Internet, mail or by means of other delivery services. The contractor shall not be liable for loss or delay in delivery, neither for directly incurred or consequential damages or losses.
  6. audioberlin is not liable for the content of the productions. In this respect, the contractor shall act exclusively on the instructions and in the interests of the client. The Contractor therefore assumes no liability for competition, copyright, trademark and other legal consequences of a production that result from content and form specified by the Client, either in relation to the Client or in relation to third parties. This shall also apply to productions which the Contractor handles for the Client beyond the scope of its own services or which the Contractor directs. In any case, liability on the part of the Contractor for the violation of contractual secondary obligations, culpa in contrahendo or on the legal basis of tort law or industrial property law is excluded, unless it is based on intent or gross negligence on the part of the owners of the Contractor or one of its vicarious agents.
  7. audioberlin treats the data of clients confidentially and only makes this data available to third parties to the extent permitted by data protection laws or with the consent of the client. The contractor points out that he electronically processes the data of your clients and spokespersons.
  8. audioberlin uses electronic media (Internet, e-mail). This also applies to the delivery of invoices, credit notes and reminders. The contractor is not liable for damages resulting from the misuse or manipulation of data or files made available on the contractor’s Internet pages.

 

Final Provisions

  1. Place of performance of the mutual contractual obligations is Berlin. Payments shall be made by the client at the registered office of audioberlin audiotainment GmbH in accordance with § 270 of the German Civil Code (BGB). If they choose a non-cash payment method, the clients shall bear the risk of timely receipt of payment.
  2. The place of jurisdiction for all legal disputes shall be Berlin, insofar as the client is a merchant, a legal entity under public law or a special fund under public law.
  3. The law of the Federal Republic of Germany shall apply to the entire legal relationship between the contracting parties, including the General Terms and Conditions set forth herein.
  4. If a clause of the above general terms and conditions or any other contractual provision within the scope of other agreements between the parties is or becomes invalid, this shall not affect the validity of all other provisions or agreements. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic meaning of the invalid provision.