GTC

General Terms and Conditions (GTC)

0049 PRODUCTIONS GMBH & CO. KG

Effective Date: 1st September 2024

© 0049 PRODUCTIONS GMBH & CO. KG – Reproduction prohibited

1. Scope

1.1. These General Terms and Conditions (GTC) apply to all services and products provided by 0049 PRODUCTIONS GMBH & CO. KG (hereinafter referred to as “0049”) for its clients. They include all services and products rendered within the scope of an order, including creative works such as music, photos, videos, graphic designs, etc., ordered through the online shop as well as directly or via other communication channels (e.g., email or phone). These GTC also apply to international orders unless expressly agreed otherwise.

1.2. These GTC also apply to all subcontractors, service providers, or other third parties acting on behalf of 0049. It is the obligation of these service providers to agree to the terms outlined here before commencing cooperation. Service providers must comply with these terms in the same manner as the main client.

1.3. Deviating, conflicting, or supplementary general terms and conditions of the customer, service provider, or third party will not become part of the contract unless their validity is expressly and in writing acknowledged by 0049.

1.4. In case of a conflict between the provisions of these GTC and the terms of an individual order (project agreement, contract), the terms of the individual order take precedence. Deviating provisions regarding the granting of rights to the work results are only effective if they are explicitly and in writing stipulated in the respective individual order.

1.5. By using the services of 0049, the customer declares that they are an entrepreneur within the meaning of § 14 BGB (German Civil Code). An entrepreneur within the meaning of § 14 BGB is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of Contract and Order Placement

2.1. All offers from 0049, whether submitted in writing, orally, or electronically, are non-binding and without obligation unless explicitly marked as binding. In particular, price, performance, and availability details may vary until a written order confirmation is issued. Offers can be changed or withdrawn at any time without prior notice.

2.2. A contract between 0049 and the customer is concluded as soon as 0049 confirms the order in writing or the customer accepts an offer from 0049 in writing or in text form (e.g., via email). Order confirmations via email or electronic communication have the same legal binding as a written confirmation.

2.3. Changes, additions, or side agreements to the contract that deviate from the original agreements require the written form to be effective. Verbal agreements or arrangements that are not confirmed in writing do not have any legal effect unless they are expressly and subsequently recorded in text form.

2.4. The customer’s order placement via email, telephone, or other electronic means is considered a legally binding confirmation and is equivalent to a handwritten signature unless a written signature is explicitly required.

3. Payment Terms

3.1. The payment conditions for services and offers from 0049 are regulated as follows:

- A deposit of 50% of the agreed price is due upon conclusion of the contract.

- The remaining 50% of the price is to be paid after the completion of the project and the delivery of the agreed services without any deductions.

- Unless otherwise agreed, the balance is due no later than 14 days after invoicing without any deductions.

3.2. For binding orders and contracts, a deposit of 50% of the quoted amount is due. If the deposit is not paid within the agreed period, 0049 reserves the right to assign the agreed date or the entire project to another party or postpone it. In case of default, the statutory provisions according to §§ 286, 288 BGB apply. Additionally, 0049 reserves the right to charge the customer for any delays in the project process due to late payments.

3.3. Payments are made via the payment methods offered in the online shop or, by arrangement, by bank transfer to the accounts specified in the respective offers or invoices. Additional payment methods may be agreed upon individually if confirmed in writing.

3.4. In the event of default, 0049 reserves the right to charge default interest at a rate of 10% p.a. on the outstanding amount. Further claims arising from the default, such as the assertion of damages, remain unaffected.

4. General Information on Offers and Services

4.1. Standard working hours: The standard working hours of employees and service providers involved in a project for 0049 are 8 hours per working day (Monday to Friday). Work exceeding this time frame, especially overtime, and activities on weekends and public holidays, must be agreed upon separately and calculated accordingly.

Definition of time units:

- H = Hour(s)

- D = Day(s)

- W = Week(s)

- M = Month(s)

- Y = Year(s)

4.2. Processing and implementation of the offer: The processing and implementation of the services specified in the offer will be carried out as quickly as possible and in consultation with the client. Delays due to external circumstances beyond the control of 0049 (e.g., weather conditions, government permits, logistical challenges) may affect the completion of the project. In such cases, 0049 assumes no liability for any delays.

4.3. Incidental costs and third-party costs: Incidental costs and third-party services related to the execution of the project, such as travel costs, rental costs for locations, equipment rental fees, or costs for external service providers, are not included in the offer unless otherwise agreed and will be invoiced separately to the customer. These costs must be agreed upon in writing before the start of production and will be billed according to actual expenses.

4.4. Off-Days and calculation of travel and travel time costs:

- Off-Days: These are days when the crew is bound on-site but cannot perform productive activities, e.g., due to waiting times or organizational delays.

- Travel days: These are days when the crew and equipment travel to or from the production site.

For off-days and travel days, 50% of the agreed daily rate of the respective crew member is usually charged. Billing is based on actual expenses and standard industry practices unless otherwise agreed in writing.

5. Licensing Rights and Use

5.1. Copyright and usage licenses

5.1.1. All creative works produced by 0049 (music, photos, videos, graphic designs, etc.) are protected by copyright.

5.1.2. Upon full payment, the customer receives a simple, non-transferable, and time-limited right of use for the respective project in accordance with the contractual agreements. The transfer of usage rights to third parties is only permitted with the written consent of 0049.

5.1.3. No usage rights are granted without full payment of the agreed remuneration.

5.2. License categories for the use of creative works

- License Group 1: National use for 1 year (Print, Web, Social Media) – 10% of the project volume.

- License Group 2: European use for 2 years (Print, Web, Social Media) – 15% of the project volume.

- License Group 3: Worldwide use for 2 years (all media) – 20% of the project volume.

- License Group 4: Worldwide, unlimited use (all media) – 25% of the project volume.

5.3. Provision of raw data

5.3.1. The provision of raw data (e.g., photos, videos, or graphic files) will only take place by special agreement and will be calculated as follows:

- License Group 1: National use for 1 year (Print, Web, Social Media) – 50% of the project volume.

- License Group 2: European use for 2 years (Print, Web, Social Media) – 75% of the project volume.

- License Group 3: Worldwide use for 2 years (all media) – 100% of the project volume.

- License Group 4: Worldwide, unlimited use (all media) – 150% of the project volume.

5.3.2. Editing and usage rights for raw data: The customer is entitled to comprehensively edit the raw data, including technical adjustments such as format changes, image editing, cutting, and color grading. Content-related changes, such as creating new works or redesigns, are only permitted with prior written consent from 0049 and with consideration of third-party rights. The use of raw data for pornographic, illegal, or harmful content is expressly prohibited.

6. Commissions and Exclusions

6.1. Commission in the Ambassadors Program: Participants in the Ambassadors Program receive a commission for sales generated through their codes or links, but only on the first completed contract (excluding subscription contracts) and excluding third-party costs.

6.2. Non-commissionable services: The following services are excluded from commissions due to third-party costs:

ADD-ONS:

- DELIVERY SERVICE ADD-ON

- OVERTIME SPEND ADD-ON

- EQUIPMENT PACKAGE ADD-ON: SOCIAL

- EQUIPMENT PACKAGE ADD-ON: CINE

- CATERING SPEND ADD-ON

- PROPS & COSTUME SPEND ADD-ON

- VOICE-OVER SPEND ADD-ON

- BUY-OUTS SPEND ADD-ON

- AD SPEND ADD-ON

- STOCK SPEND ADD-ON

- RENTAL SPEND ADD-ON

- EXTRA-SERVICES SPEND ADD-ON

- PROJECT-BACKUP ADD-ON

- KM SPEND ADD-ON

- OVERNIGHT-STAY SPEND ADD-ON

PREPAID SERVICES:

- BLIND BOOKING PREPAID PLAN

- BLIND BOOKING PREPAID SERVICE

- BLIND BOOKING PREPAID CODE

PLANS:

- AD SPEND  - STOCK SPEND PLAN

- RENTAL SPEND PLAN

- EXTRA-SERVICES SPEND PLAN

- PROJECT-BACKUP PLAN

- 0049 DIGITAL GIFT CARD

7. Cancellation Terms

7.1. The customer can cancel the contract at any time. However, the following cancellation fees apply:

- Up to 4 weeks before the start of production: 25% of the agreed fee.

- Up to 2 weeks before the start of production: 50% of the agreed fee.

- Up to 7 days before the start of production: 75% of the agreed fee.

- Within 48 hours before the start of production: 100% of the agreed fee.

7.2. In the event of force majeure, such as natural disasters or political unrest, 0049 assumes no liability. Optional project-specific insurance can be arranged upon the customer’s request.

8. Insurance Coverage

8.1. Responsibility of service providers: All service providers and subcontractors commissioned by 0049 are responsible for ensuring they have the required insurance coverage to cover damage to persons, equipment, or property during production. This includes, but is not limited to:

- Liability insurance: For material and personal damages caused by the service provider or their employees during production.

- Production liability insurance: This insurance covers damages incurred during the production period and protects all involved subcontractors, assistants, and other employees.

- Equipment insurance: Protection against damage, theft, or loss of technical equipment, whether owned or rented.

- Drone insurance: Drone liability insurance is mandatory for any production involving drones.

- Data backup insurance: Protection against the loss of important production data and ensures coverage of restoration costs.

0049 assumes no liability for damages caused by the absence or insufficient insurance coverage of the service providers.

8.2. Responsibility of the client: Before production, the client is explicitly offered the opportunity to take out additional project-specific insurance through 0049 to protect against special risks. These optional insurances may include:

- Production failure insurance: Protection against financial losses due to unforeseen production interruptions or cancellations, such as weather-related delays or illness of key personnel.

- Data backup insurance: Coverage against the loss of digital production data, with coverage for recovery costs or the costs of a new production.

9. Delivery and Provision

9.1. For film productions, the standard delivery is in UHD format (MP4, 16:9 or 9:16) for social media and offline playback.

9.2. For photo productions, the standard delivery is in full resolution in JPEG format. Upon request, high-resolution TIFF files are also available.

9.3. Individual requirements regarding format and resolution must be agreed upon in writing before the start of the project.

10. Final Provisions

10.1. Changes and additions to these GTC must be made in writing.

10.2. Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision will be replaced by a regulation that comes as close as possible to the economic purpose of the invalid provision.

10.3. The exclusive place of jurisdiction is the registered office of 0049 PRODUCTIONS GMBH & CO. KG. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.