GENERAL TERMS AND CONDITIONS
Status: 01.01.2022
General Terms and Conditions (GTC) of Filmovo GmbH
1. scope of application
These GTC apply to all services and offers of Filmovo GmbH, Berliner Straße 18, 01945 Ruhland. (hereinafter referred to as „filmovo“) in the area of video & online packaging. They are an integral part of all contracts between filmovo and the client. Conflicting or deviating terms and conditions of the client are not recognised by filmovo unless expressly agreed in writing.
2. offer and conclusion of contract
Offers from filmovo are subject to change and non-binding. A contract only comes into effect with a written order confirmation from filmovo or with the start of execution. Verbal agreements are only valid after written confirmation by filmovo.
3. benefits, performance period and obligations of filmovo
3.1 filmovo offers services in the field of video marketing, including the conception, production and marketing of video material.
3.2 The type and scope of the services shall be specified in the respective order contract or offer.
3.3 For construction site and project portraits, special execution periods apply in accordance with the offer. For other services, the project must start no later than 3 months after the order is placed. Otherwise, filmovo may invoice the entire service or parts thereof.
3.4 filmovo assures a careful execution of the agreed services and complies with applicable legal requirements.
4. remuneration and terms of payment
4.1 The remuneration is based on the respective order contract or offer from filmovo. Prices quoted are net prices, plus statutory value added tax.
4.2 Invoices from Filmovo must be paid within 14 days of the invoice date. In the event of late payment, default interest of 8 % above the base rate will be charged. The client is in default without further reminder if he does not pay within this period.
4.3 In the event of unforeseen, significant cost increases, filmovo reserves the right to adjust the remuneration. In such a case, the client may terminate the contract without notice.
5 Copyright and rights of use
5.1 All works created by filmovo are protected by copyright. Unless otherwise specified in writing, the copyright remains with filmovo.
5.2 filmovo grants the client a non-exclusive, worldwide and perpetual right of use to the works created for the purposes specified in the contract, but not to the raw data created.
5.3 filmovo reserves the right to use the created works for advertising purposes or as a reference. The client agrees to the publication of extracts on the filmovo website and other media.
5.4 Any transfer or licensing of the rights of use by the client to third parties requires the written consent of filmovo.
6. liability
6.1 In the event of intent or gross negligence, filmovo shall be liable without limitation in accordance with the statutory provisions.
6.2 In the event of slight negligence, filmovo's liability is limited to foreseeable damages.
6.3 filmovo accepts no liability for the content of external websites that are linked from its own website.
7. data protection
filmovo processes personal data in accordance with applicable data protection regulations. For more details, please refer to filmovo's privacy policy. The client shall ensure that the data of third parties is not violated.
8. confidentiality
Both contracting parties undertake to maintain confidentiality of information and business secrets for the duration of the co-operation and for a period of 5 years thereafter.
9 Jurisdiction and application of law
9.1 The place of jurisdiction for disputes is Zschopau.
9.2 The law of the Federal Republic of Germany shall apply, with the exception of the UN Convention on Contracts for the International Sale of Goods.
10. final provisions
If individual provisions of these GTC are invalid, the validity of the remaining provisions shall remain unaffected. We will endeavour to find a provision that comes closest to the original purpose.