These terms will be applied to the cooperation proposal where applicable.
1. Purview
These general terms of delivery will be applied to the offer with which the producer commits to produce an audiovisual work for the client in accordance with
the client’s order. These general terms of delivery will be followed in addition to what the client and producer have separately agreed concerning production.
2. Contact Persons
Each contractual party will appoint a contact person who is entitled to give instructions and specifications concerning production, to receive notifications
from the other party, and to approve production. The other contractual party’s contact person must be informed immediately of any change to contact
persons.
3. Itemising an order
The product will be made in accordance with the content specification, cost estimate and schedule agreeed jointly by the client and producer. The client will
itemise the product and its purpose in sufficient detail in the contract concerning the commission.
4. Incomplete work
The client does not have the right to publish incomplete work.
5. Delivery and approval
The product will be considered to be finished when the producer announces that it is ready for handover and that the client has approved it in writing or
verbally, or has taken the product into use. Approval must take place within the framework of the agreed production schedule. If during the production phase,
the client makes changes to previously agreed content, these changes will be taken into account as factors whcih will affect costs and the schedule. The
producer is obligated to notify the client without delay of additional costs and any extra time required for modifications.
6. Delays
If the client does not provide the producer with the necessary information or material in accordance with the agreed schedule, the producer has the right to
lengthen the production schedule correspondingly and to charge for extra costs caused by the delay.
7. Cancellation or suspension
The client is obligated to reimburse incurred costs for cancelled or suspended work. If the producer is unable to fulfil its contractual obligations for a reason
that is of a force majeure nature, the producer is not obligated to reimburse the client for any damages caused. In all cases, the producer’s liability is limited to
the amount that the client has paid to the producer in production costs.
8. Rights
The producer will hand over to the client rights to the product solely for the purpose and to the extent specified and agreed in the production contract or quote.
Any extension of the rights and any reimbursement to be paid as a result will be agreed separately between the parties. Modification rights to the product are the
sole property of the producer unless otherwise specified.
The client is responsible for ensuring that it has permission to use the material it submits for production. Based on an approved quote or this agreement, the
producer may in its marketing and sales material mention that the client is a client of the producer and use the audiovisual work it has produced or part thereof as
a reference/sample of work to display its own work. The producer may also, if it chooses, use the client’s logo or trademark when presenting its own work. The
product’s publication rights will be transferred to the client once the last payment instalment has been recorded in the bank account specified by the producer.
9. Terms of payment and overdue payment
The producer has the right to charge for a separately agreed share of the overall cost estimate when it begins production. The producer will invoice for the
remainder as work progresses in accordance with what is agreed between the client and producer. The producer has the right to invoice for the last instalment
once the product is approved. A product is considered to be approved if the client has not specified otherwise within two weeks of product handover. The
producer is not obligated to hand over any finished product to the client if the client has neglected its payment obligations. If payment falls overdue, the producer
has the right to charge penalty interest in accordance with the law.
10. Responsibilities
The producer is responsible for ensuring that the product is in accordance with the content specification and that it is produced carefully and professionally. The
producer is responsible for the work of any subcontractors it uses as if for its own work. The client is responsible for ensuring that the product does not breach
any third-party copyright, trademark rights or other intellectual property rights. The client is responsible for ensuring that it submits, at its own expense, the
necessary material to the producer in the agreed format an in accordance with the agreed schedule.
11. Transfer of contract
Neither contractual party has the right to transfer production to a third party without the written consent of the other party, unless the matter involves a
complete handover of business operations.
12. Business secrets
The contractual parties are obligated to keep secret all information considered to be business or professional secrets it receives from the other party for the
duration of the contractual relationship and after the contractual relationship ends.
13. Resolution of disputes
Disputes between the contractual parties which cannot be resolved through mutual negotiations will be resolved in the lower court in the municipality of the
producer’s registered office.