Terms and Conditions

§ 1 Scope

  1. These General Terms and Conditions (GTC) apply to all contracts between Flyingmovies GmbH, Mauerkircherstraße 83, 81925 Munich, Germany (hereinafter referred to as "Contractor"), and its clients (hereinafter referred to as "Client") concerning services in the field of media production, particularly the creation of photo, video, audio, and multimedia content.

  2. "Core Visuals" is a trademark of Flyingmovies GmbH and is used exclusively for marketing media production services. Flyingmovies GmbH remains the sole contracting party.

  3. Any conflicting, deviating, or supplementary terms and conditions of the Client will only become part of the contract if expressly agreed to in writing.

  4. Changes or amendments to these GTC will be communicated to the Client in writing and shall be deemed accepted if the Client does not object in writing within one month of receipt. The Client will be expressly informed of this consequence in the notice of amendment.

§ 2 Subject of the Contract and Scope of Services

  1. The subject of the contract is the provision of services in the field of media production. The specific scope of services is defined in the individual offer, which forms the basis of the respective contract.

  2. The Contractor is entitled to assign individual services or parts thereof to qualified subcontractors or third parties but remains the sole contracting party towards the Client.

  3. The artistic design of the contracted services is at the Contractor's discretion. Client requests will be considered to the extent possible, provided they are communicated in a timely and clear manner. Changes made after the start of the project require a separate agreement and may result in additional costs.

§ 3 Conclusion of the Contract

  1. The contract is concluded through the Client's written confirmation of the individual offer. An offer from the Contractor remains binding for a period of 30 days from receipt unless otherwise specified in the offer.

  2. Side agreements, changes, or amendments to the contract must be made in writing to be valid. This also applies to any waiver of the written form requirement.

§ 4 Client's Duties to Cooperate

  1. The Client undertakes to provide all information, materials, and access necessary for the performance of the services in a timely and complete manner. This includes, in particular:
    a) Providing locations, permits, actors, and props, if required;
    b) Resolving any copyright or other legal issues related to provided materials;
    c) Appointing a contact person authorized to make binding decisions.

  2. Delays due to inadequate cooperation from the Client are not the responsibility of the Contractor. In such cases, agreed deadlines will be extended accordingly.

§ 5 Compensation, Payment Terms, and Set-Off Prohibition

  1. Compensation is based on the offer agreed upon in the contract. All prices are exclusive of statutory VAT unless otherwise stated.

  2. Payments are to be made within 14 days of receipt of the invoice without deduction. Deviating payment terms or advance payments may be specified in the offer.

  3. For projects with a high volume, the Contractor may require installment payments as follows:
    a) 30% of the total amount upon contract conclusion;
    b) Additional terms, if applicable, specified in the offer.

  4. The Client may only offset claims that are undisputed or legally established. The Client may exercise a right of retention only insofar as it is based on the same contractual relationship.

§ 6 Acceptance and Cancellation

  1. Acceptance of services takes place after the completion of production. The Client must accept the service in writing within 7 days or report any defects. Failure to respond within this period is considered acceptance, provided the Contractor has expressly informed the Client of this consequence.

  2. The Client may cancel the contract in writing. The following cancellation terms apply:
    a) Up to 7 days before the agreed production date: no cost;
    b) 6 to 3 days before the production date: 50% of the agreed fee;
    c) Less than 48 hours before the production date: 100% of the agreed fee.

  3. Costs already incurred (e.g., for travel, rentals, or subcontractors) are to be reimbursed in full, regardless of the cancellation period.

§ 7 Copyright and Usage Rights

  1. All content created under the contract is subject to the Contractor's copyright.

  2. The Client is granted a simple (non-exclusive) right to use the created content, limited to the purposes agreed upon in the contract. Additional usage rights, particularly those for editing or transfer to third parties, require a separate written agreement.

  3. The Contractor reserves the right to use the created content for its own advertising purposes, references, and publications unless the Client expressly objects in writing.

§ 8 Liability and Warranty

  1. The Contractor is fully liable for damages resulting from injury to life, body, or health, as well as for damages caused by intentional or gross negligence.

  2. In cases of slight negligence, the Contractor is only liable for the breach of essential contractual obligations (cardinal obligations). Liability in such cases is limited to the foreseeable, typical contractual damages.

  3. Warranty for defects in the created services is governed by statutory law. The Client must notify the Contractor of any obvious defects in writing immediately after acceptance.

§ 9 Data Protection

  1. The Contractor processes the Client's personal data solely in accordance with applicable data protection laws.

  2. Personal data is only shared with third parties if necessary for fulfilling the contract. Further information is provided in the Contractor’s Privacy Policy available on its website.

§ 10 Final Provisions

  1. The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

  2. The place of performance and jurisdiction is Munich, provided the Client is a merchant, a legal entity under public law, or a special fund under public law.

  3. Should any provision of these GTC be invalid, the validity of the remaining provisions remains unaffected. The invalid provision will be replaced by the legally permissible provision that most closely reflects the economic purpose of the invalid provision.

Last updated: December 04, 2024