film production

for services provided by Sanaz Erich and Moritz Erich, 

below called STORYVISIONS
 

1. General

 

These general terms and conditions form the basis of the collaboration between STORYVISIONS and the client. They apply to all contracts and collaborations between STORYVISIONS and the client. Deviating, conflicting or supplementary regulations on the part of the client or STORYVISIONS become part of the contract only if this has been expressly agreed in writing at the time of contract conclusion.

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2. Conclusion of Contract and Contract Object

 

2.1 Conclusion of Contract 

The contractual relationship between STORYVISIONS and the client comes into effect when the client accepts the offer created by STORYVISIONS. The offer is accepted by the client's agreement and can be given orally or in writing, e.g. by email.

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2.2 Contract Object

When the customer accepts the offer, the content of the offer becomes the contract object.

 

2.3 Validity of Offer

All offers made by STORYVISIONS have a limited validity period, which is specified on the respective offer. All offers are calculated by STORYVISIONS to the best of their knowledge and based on an assessment of the scope of services, which is based, among other things, on the information provided by the client. The offers are subject to the condition that the order data on which the offer was based, remain unchanged. The conditions for unforeseen or extraordinary effort can be renegotiated by STORYVISIONS.

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3. Confidentiality

 

STORYVISIONS undertakes to treat sensitive operational information that it receives from the client in the course of its work (e.g. information about technical, organizational or business processes that are not intended for public communication) confidentially. The confidentiality obligation continues beyond the contractual relationship. The confidentiality obligation does not exist insofar as the disclosure is necessary for the protection of legitimate interestsSTORYVISIONS is required. 

 

4. Customer's obligations to cooperate

 

4.1 Provision of Material 

If the client wishes to use their own texts, images, music, or graphics for the production of the commissioned work, they shall provide these free of charge. This should be done promptly to avoid production delays. Furthermore, the client assures that they have the usage rights for the provided material.

 

4.2 Provision of Information

Additional information, data, and documents required for the performance of the order shall be provided free of charge to STORYVISIONS by the client. This should be done promptly to avoid production delays.

 

4.3 Change of subject matter of the contract

Requests for modifications to the execution of the order or the ordered work, which arise after the conclusion of the contract by the client and are not part of the subject matter of the contract or are contrary to it, must be communicated to STORYVISIONS in a timely manner. STORYVISIONS is entitled to reject the changes. If STORYVISIONS agrees to accept these changes, any resulting additional costs shall be reported by STORYVISIONS and approved in writing and borne by the client. 

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5. Completion deadlines 

Binding completion deadlines must be recorded in writing in the respective offer or in a separate agreement. If a agreed schedule or delivery date cannot be met by STORYVISIONS due to changes requested by the client or for other reasons attributable to the client (e.g. insufficient cooperation), the completion deadline may be exceeded. In this case, STORYVISIONS will set a new completion deadline in consultation with the client. 

 

If a completion deadline cannot be met due to force majeure (strike, lockout, official measures, etc.), STORYVISIONS and the client are required to agree on a new completion deadline.

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6. Acceptance & Changes

 

6.1 Provision of the work ready for acceptance

After completion of the commissioned work, STORYVISIONS must indicate to the client that the work is ready for acceptance. STORYVISIONS makes the completed work available to the client for review, for example by upload.

 

6.2 Review and Notification of Changes

Unless otherwise agreed in writing in the offer, the client is obliged to review and accept the work or notify changes within five working days. For each cycle of changes, all requested changes must be submitted in writing and collected in a structured change notification within this period.

 

6.3. Revision Loops

The agreed contract value includes, unless otherwise specified in the individual offer, one revision loop per work. Excluded are revision loops based on change requests that involve a conceptual redesign or deviate from or contradict the originally agreed upon terms (e.g., within the framework of the offer or briefing). In these cases, STORYVISIONS will invoice the additional effort required to implement the change requests after consultation with the client. Any further revision loops beyond those included in the contract value will be invoiced by STORYVISIONS based on the effort required.

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6.4 Verification of Error-Free Delivery

The client is obligated to check the error-free delivery of the delivered work prior to acceptance (cooperation obligation). After acceptance, STORYVISIONS is released from any responsibility for the content accuracy and error-free nature of the delivered work. STORYVISIONS assumes no liability for the further use or distribution of accepted, defective works. Claims for damages due to the further use or distribution of defective works are excluded.

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6.5 Artistic Creative Freedom

STORYVISIONS considers all binding specifications of the client, which were defined within the framework of the offer or in written agreements, when creating the work. Nevertheless, STORYVISIONS has artistic creative freedom within the scope of an order. Complaints regarding artistic design are excluded. Changes with regard to artistic design are possible within the scope of correction loops.

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7. Usage Rights

 

7.1 Transfer of Use Rights

The client acquires the usage rights to all works delivered by STORYVISIONS within the scope of the contract upon full payment of the agreed fee for the duration and scope specified in the offer. The transfer of usage rights applies exclusively to accepted, finished works and not to intermediate results. The usage rights do not include the rights to individual components of the work, such as the music.

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7.2 Modification of Works 

The works of STORYVISIONS may not be redesigned or edited by the client or third parties commissioned by the client without the consent of STORYVISIONS. Furthermore, any conceptual imitation, including parts of the work, is prohibited without the consent of STORYVISIONS.

 

7.3 Transfer of usage rights to third parties 

The transfer of granted usage rights to third parties is subject to a fee, unless otherwise specified in the offer, and requires the consent of STORYVISIONS.

 

7.4 Release of production data and materials

STORYVISIONS owes the client the commissioned work upon payment of the agreed fee, but not the intermediate steps that lead to this result. All working documents, electronic data, raw materials, and intermediate results created by STORYVISIONS in the course of the contract work remain the property of STORYVISIONS and are excluded from the usage rights.

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7.5 Reference and Self-Promotion

(1) The client agrees that STORYVISIONS may refer to the current or former business relationship with the client as part of its own advertising measures (e.g., on its own website or on social media), provided that no deviating agreement has been made in the offer. The client can revoke this consent at any time with effect for the future.

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(2) The client agrees that STORYVISIONS may use the image and sound material produced by him as part of the contract work for its own advertising measures, provided that no deviating agreement has been made in the offer. Content explicitly not intended for external communication (e.g., films for the company's internal communication such as training films) or sensitive content not intended for the public is excluded. The client can revoke this consent at any time with effect for the future.

 

8. Cancellation, Rescheduling, and Termination

 

8.1 Cancellation

In the event of cancellation of an order by the client after order placement, STORYVISIONS is entitled to invoice the following percentages of the agreed-upon order value as shown in the offer:

• Cancellations after order placement up to 50 days before the start of filming: 10% of the order value

• Cancellations less 49 to 10 days before the start of filming: 20% of the agreed-upon order value

• Cancellations less 9 to 5 days before the start of filming: 30% of the agreed-upon order value

• Cancellations less 4 to 2 days before the start of filming: 60% of the agreed-upon order value

• Cancellation 1 day before the day of filming or on the day of filming: 100% of the agreed-upon order value

If the services and expenses already provided exceed the respective sum, the costs for them must also be reimbursed.

The client is free to prove in the individual case that the damage caused by the cancellation is less than the due fixed sum.

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8.2 Termination of the contract by the client

If the client withdraws from the contract during the production work and before the completion of the order, STORYVISIONS is entitled to invoice 100% of the agreed-upon order value.

 

8.3 Rescheduling of filming dates by the client

If, due to the fault of the client, (1) individual, agreed-upon filming dates are rescheduled, cancelled, or terminated, or (2) the conditions for these are changed, or (3) production delays are caused by the client's lack of cooperation, STORYVISIONS is entitled to invoice all additional costs incurred. In these cases, STORYVISIONS is released from any liabilities under the contract.

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9. Liability 

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9.1 STORYVISIONS is liable only for damages to the client that (1) were caused by STORYVISIONS or its legal representatives or vicarious agents through intentional or grossly negligent behavior, (2) are based on the violation of life, body, or health, which was caused by a breach of duty by STORYVISIONS or one of its legal representatives or vicarious agents, or (3) were caused by a violation of an obligation, the fulfillment of which enables the proper execution of the contract as a whole, and on whose compliance the client can and may rely regularly (cardinal obligation). STORYVISIONS is liable for slight negligence only under the provisions of the Product Liability Act. In the case of damages under section 8.1(3) and in cases of slight negligence, the claim for damages is limited to the foreseeable, contract-typical damage.

 

9.2 STORYVISIONS is not liable for damages if these damages were caused by the client himself, for example, by parts of the concept or screenplay designed by him or other forms of participation such as acting performances, selection and provision of filming locations and props, etc.

Likewise, liability is excluded for damages caused by third parties, such as third parties involved in the production and employed or commissioned by the client himself.

 

9.3 Compatibility of the Work

The client must consider that the format of the work delivered by STORYVISIONS - unless explicitly and in writing agreed upon in the offer - is not optimized for all playback devices (e.g., mobile devices, projectors, etc.). STORYVISIONS assumes no liability for the delivered work being played back without errors or changes on all playback devices.

 

9.4 Technical Failures

STORYVISIONS maintains and inspects the technology to be used according to common standards and strives for continuous data protection. If, despite proper technical maintenance and handling, an not obviously noticeable technical defect occurs on the recording devices or media that renders a recording unusable (data loss), this does not result in any claims for damages by the client against STORYVISIONS. If the recording cannot be repeated, the contract sum will be reduced accordingly. Additional costs for any desired production repeats or other measures to make up for the data loss are to be borne by the client. Liability for grossly negligent data loss caused by STORYVISIONS is limited to the typical effort required for data recovery (attempt to rescue the data).

 

9.5 Force Majeure and Insufficient External Conditions

 

9.5.1 If the execution of the order is interrupted or delayed due to force majeure events, new completion deadlines must be agreed upon between the employer and STORYVISIONS. If the event lasts for more than three months, or if the work to be completed is no longer usable for the client due to the time delay or if the necessary conditions for a contractually compliant completion of the order change, both parties have the right to terminate the contract. In these cases, STORYVISIONS is entitled to compensation for the services and expenses already provided as part of the order processing. STORYVISIONS is not liable for costs arising from delays, production failures or other damages caused by force majeure.

9.5.2 Recordings that fail or are delayed due to insufficient external conditions (e.g. lack of light, bad weather) are at the risk of the client. Claims for damages on the part of the client are excluded in these cases.

 

10. Archiving

 

STORYVISIONS is not obligated to archive or store the working documents, raw materials, electronic data, intermediate results, and finished products created as part of the order after completion of the order. STORYVISIONS stores all corresponding materials for up to one month after invoicing.

If, in addition, archiving of all or certain (raw) data created as part of the order is desired, the client has the option of having an archiving service provided by STORYVISIONS upon agreement and at the client's expense.

 

11. Fees 

 

11.1  Payment Terms

The agreed-upon fee from the offer applies. This fee, plus value-added tax at the current rate at the time of the service, will be invoiced. The payment for the respective invoice amount is due, without any deduction, by bank transfer to the account specified in the invoice, within the period listed on the invoice starting from the date of the invoice.

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In the event of payment deadlines being exceeded, STORYVISIONS is entitled to charge default interest. The default interest rate is 5% p.a. above the base interest rate applicable at the time of the calculation.

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11.2 Installment Payments

If the order exceeds a value of 15,000 euros, STORYVISIONS may invoice the customer for installment payments. In these cases, unless otherwise agreed upon in the offer, the payment is to be made as follows:

• 50% of the order value upon conclusion of the contract

• 0% of the order value upon start of production

• 50% of the order value upon approval of all delivered services.

All payments are made exclusively upon invoicing under the conditions mentioned in 11.1.

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12. Severability Clause

 

Should one or more provisions of these terms and conditions be or become invalid, the contract and the remaining provisions of these terms and conditions remain in effect. Instead of the ineffective provision, the parties agree on a provision that comes as close as possible to the ineffective one from an economic point of view.

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