TERMS & CONDITIONS

General Terms and Conditions

The following terms and conditions apply to all services & products provided by 0049 PRODUCTIONS GMBH & CO. KG on behalf of its clients. They also apply to all direct services ordered from us, independent of the shop. Additional agreements must be documented in writing. Deviating, conflicting, or supplementary general terms and conditions of the customer do not become part of the contract unless their validity is expressly agreed upon in writing. The agreements made under the individual order also apply. Deviating regulations regarding the granting of rights to work results are only effective if they expressly provide for individual contractual deviations with specific reference to the corresponding provisions in these order conditions. You confirm before using our services to be a business entity within the meaning of § 14 BGB. A business entity, according to § 14 BGB, is a natural or legal person or a legally capable partnership that acts in the conclusion of a legal transaction in the exercise of its commercial or independent professional activity.

General information about the offer & service

Our offers typically involve fixed prices or the specification of time expenditures.

We have a standard working time of 8 hours per working day (MON-FRI).

Unless explicitly stated otherwise:

H = HOUR(S), D = DAY(S), M = MONTH(S), Y = YEAR(S), 1D = 8H
e.g.: 8H/D MEANS 8 HOURS PER DAY, 1D/M MEANS 1 DAY PER MONTH, 1M/Y MEANS 1 MONTH PER YEAR

Processing and implementation of the offer must (if not explicitly mentioned in the offer or booked as a delivery option) take place as soon as possible within a few days, in worst case 2-4 weeks after the order date. To ensure prompt delivery, we kindly request selecting one of our available delivery options. Additional expenses and external costs / external services are not included in the offer (unless explicitly mentioned) and will be invoiced according to the scope. Placing orders, initiating or requesting services by email or telephone are considered order confirmations and are legally binding even without a signature. Ordered services & quotes based on the current customer briefing - adjustments reserved.

Payment terms services & quotes

100% via onlineshop payment options. 50% deposit, 50% final payment, unless explicitly stated otherwise and booked directly via our individual offers.

Down payment for performance within 14 days, payable immediately net.

Payment if the service is provided after 14 days, regular 14 days payment strictly net. The service date corresponds to the invoice date, unless a different service date is specified in the invoice. With every binding order, a deposit of 50% of the offer price is due, which must be paid within the period stated on the invoice, as the deadline / project will otherwise expire. Please consider that for your production (date / shoot / order) the studio / location / time period will be kept free and blocked or all other dates will have to be placed on other days.

Unless explicitly agreed otherwise in writing, any additional expenses and costs incurred will be addressed in accordance with our General Terms and Conditions and added to the invoice stored in your account. If the billing address differs, please inform us in writing before commencing and booking our services.

Payment terms 0049 ambassadors program

You will receive a percentage commission on every sale made through your referral links or codes (exclusive of third-party costs & only on first subscription order), unless explicitly stated otherwise and only if directly booked through shop or individual quotes from us. Third-party costs may include, but are not limited to, prepaid credits, additional delivery, external production crew, add-ons, travel, equipment, rental, printing, stock, media, beauty, or licensing costs & and more. Our affiliate program automatically scans every item in the customer order and provides you with the corresponding commission in your dashboard, removing the necessity for manual verification. For larger productions, commission payments on extra services could be discussed in advance. All services are invoiced according to the booked plan or service. Monthly payments are made after 30 days. The service date corresponds to the invoice date unless otherwise specified. Unless explicitly agreed otherwise in writing, any additional expenses and costs incurred will be addressed in accordance with our General Terms and Conditions and therefore no commission will be possible. Payments can only be made based on a valid invoice including the specified value-added tax. No payments without an invoice. Payments can be made via PayPal, to the business bank account, or credited to your own shop prepaid balance through offsetting. Please contact our sales team for further assistance. Please note the legal regulations regarding small businesses, etc. The open payout/commission amount displayed in the dashboard is gross including value-added tax, as we also operate our shop for B2C customers. Ensure that the commission value matches your total gross invoice value, which includes value-added tax, when preparing your invoice. If needed, feel free to send us a draft invoice for review to prevent any misunderstandings. Commissions are calculated per line item (gross values), not the total order amount. Recurring subscription commissions match the initial order. Referrals earn a one-time commission on the first subscription order; none thereafter, only for all one-time-payment services (exclusive of third-party costs), unless explicitly stated otherwise and only if directly booked through shop or individual quotes from us. This policy applies universally. We're delighted to welcome you aboard! Feel free to use your commission also for digital & physical products across all our online stores. Additionally, if desired, we can allocate a portion or all of your credit to support tree planting initiatives or charitable organizations of your choosing. Thank you for being part of the 0049 crew & for entrusting us with your partnership!

Certain items or services are ineligible for commission due to the inclusion of third-party costs that need to be passed on. For example, when a customer opts for f. eg.: “printing expenses”, these external costs do not contribute to commissionable revenue that we can distribute. Third-party costs cover expenses such as prepaid credits, delivery fees, production crew and more. These costs are not included in your commission earnings.

Full overview of items for which no commission can be issued:

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:

BLIND BOOKING PREPAID PLAN
BLIND BOOKING PREPAID SERVICE
BLIND BOOKING PREPAID CODE

PLANS:

AD SPEND PLAN
STOCK SPEND PLAN
RENTAL SPEND PLAN
EXTRA-SERVICES SPEND PLAN
PROJECT-BACKUP PLAN
0049 DIGITAL GIFT CARD

Our GTCs apply.

Offer basis

The offer is based on the current status of the briefing or the agreement with the customer. The selection of communication measures is based on experience, but does not represent a guarantee of sales success. Should the requirements change, we will be happy to make you a modified offer. Daily & hourly rates are based (if not otherwise noted in the offer) on productions with a duration of 8 hours per production day. Unless otherwise noted in the offer, overtime & costs (e.g. people, hardware / film equipment & accessories / rental, departments, etc.) will be charged accordingly with the following overtime conditions: up to 2 hours of overtime: 25% surcharge, up to 4 hours of overtime 60% surcharge, from 5 hours overtime 100% surcharge.

Author's corrections

All content is delivered digitally and in complete form by the customer. Subsequent corrections to the approved and finalized text / project files will be charged separately according to the scope.

Travel costs and expenses

Travel costs and expenses are calculated separately according to the scope. The km money is (unless otherwise stated in the offer) € 0.95 per km. Expenses for train, flight, taxi, hotels, etc. are calculated according to expenditure. Travel times are billed based on actual effort.

Right of use

Unless otherwise stated in the offer, the customer receives the rights of use for the use defined in the offer. The recordings made by us are copyrighted material. The granting of usage rights and ancillary copyrights is conditional upon full payment of the agreed remuneration. Unless otherwise agreed, the client is generally granted an exclusive right to use the recordings. Notwithstanding the granting of an exclusive right of use, we are entitled to use the recorded material for our own advertising purposes. The client only acquires rights of use to the processed photos to the extent specified in the contract. Property rights are not transferred. The granting and transfer of the rights of use acquired by the client to third parties, including to other editorial offices of a publisher, requires the written consent of the contractor. Use of the images is generally only permitted in the original version. Any change or redesign (e.g. assembly, photo-technical alienation, coloring) and any change in the image reproduction (e.g. publication in excerpts) requires the prior consent of the photographer. The photographer is to be named as the author of every picture publication. The naming must be done with the picture or in the medium. The rights of use may not be passed on to third parties or used in any other way. The contractor grants the client the simple right to use the above item. The rights of use are - unless otherwise stated in writing - unlimited for use on the Internet, at internal and external events and at trade fairs. Use in mass media such as cinema, TV and radio is excluded (not even locally). The contractor reserves the right to use the subject of the contract for its own advertising purposes, including commercial purposes, unless otherwise stated in the offer. If the client needs extended usage rights, the contractor must be contacted. The contractor is not responsible for the fact that the persons depicted have given their consent to the publication of the pictures, including the use for commercial purposes, in a verifiable form. The consent of the image publication must be obtained from the client if required. The client is granted to use the subject matter of the contract exclusively in the game length specified by the contractor. Shortening or re-cutting of the audio and video material is prohibited. The reduction of the resolution on the part of the client is permitted. Individual images from the video may be used freely by the client. However, to ensure the best quality, please contact the contractor. The contractor provides the still images to the client in a suitable format and highest resolution.

Provision & Delivery

In the case of film productions, you receive the film digitally, by default as a FULL HD VERSION (FHD 16:9 or 9:16 1920x1080p optimized for Social Media & offline playback). The standard format is MP4, this can be changed if desired. In the case of photo productions, you will receive the photos digitally, as standard - unless otherwise stated in the offer - in full high quality resolution (if necessary, file size compression to approx. 1 MB per file). The standard format is JPG - unless otherwise stated in the offer - this can be changed on request.

Project data backup

We provide data backup services tailored for project files, encompassing raw files, project documents and final deliveries, ensuring their continued accessibility beyond the project's timeframe. Customers can secure backups for 1-5 years, with an annual subscription recommended for ease. While final delivery files are accessible without a backup plan, opting for one guarantees future data availability. Without a backup plan, all project data and files are removed after 12 months. Our services offer flexibility, with easy upgrades or cancellations available at any time. Additionally, we offer a variety of add-ons and extra services through our board menu. For further inquiries, feel free to reach out for a complimentary video call or consult our FAQs. Please note that our data backup plan covers project files exclusively, requiring either a backup plan or a one-time payment for X years. Hosting of project and raw data is exclusively provided by 0049.

Third party property rights

There is no standard check as to whether concepts (creations, texts, layouts, live audio, songs & sound recordings, videos) violate third party property rights. We recommend a preliminary check by a specialist lawyer - if necessary also the registration of corresponding proprietary rights.

Confidential information

0049 PRODUCTIONS GMBH & CO. KG undertakes to treat all operational information and knowledge of your company as confidential at all times. Please also treat this offer confidentially.

Proofreading

There is no standard checking of the accuracy of the content. We recommend professional editing for all measures.

DELIMITATION OF SERVICES

OUR OFFERS CONTAIN UNLESS EXPLICITLY LISTED A MAXIMUM OF ONE ADJUSTMENT LOOP, ADDITIONAL EXPENSES TO THE BOOKED SERVICE, OFFER OR PLAN WILL BE CHARGED ACCORDING TO THE SCOPE.

THE FOLLOWING SERVICES - UNLESS EXPLICITLY LISTED - ARE NOT INCLUDED IN THE OFFER, THESE SERVICES CAN BE OFFERED OPTIONALLY.

KEY CREATIVE CREW:

STRATEGY, PREPRODUCTION, PRODUCTION, POSTPRODUCTION, PUBLISHING, INFLUENCER, DISTRIBUTION, SOUND DESIGN

DEPARTMENTS:

PRODUCTION, SCRIPT, LOCATION, CAMERA, DIRECTOR OF PHOTOGRAPHY/CINEMATOGRAPHER, SOUND, GRIP, ELECTRICAL, ART, HAIR AND MAKE-UP, WARDROBE, POSTPRODUCTION - VIDEO / PHOTO / DESIGN, VISUAL EFFECTS (VFX), POST PRODUCTION - SOUND/MUSIC, OTHER PRODUCTION CREW, INTERACTIVE MEDIA, EQUIPMENT & RENTAL, LICENSES & FEES, OTHERS

DIRECTORIAL CREW:

DIRECTOR, CAMERA OPERATOR, DRONE OPERATOR, STEADICAM OPERATOR, VIDEO SPLIT/ASSIST OPERATOR, BOOM OPERATOR (BOOM SWINGER)

SCRIPT DEPARTMENT:

SCREENWRITER/CONCEPTER, SCRIPT DEPARTMENT, STORY PRODUCER, SCRIPT EDITOR

LOCATION DEPARTMENT:

LOCATION MANAGER, LOCATION ASSISTANT, LOCATIONCHECK / LOCATIONSOUT

CAMERA DEPARTMENT:

CONTENT CREATOR, FIRST ASSISTANT CAMERA, SECOND ASSISTANT CAMERA, SETRUNNER / LOADER / HANDS, CAMERA PRODUCTION ASSISTANT, DIGITAL IMAGING TECHNICIAN (DIT), DATA WRANGLER

SOUND DEPARTMENT:

PRODUCTION SOUND MIXER (SOUND RECORDIST), BOOM OPERATOR (BOOM SWINGER)

GRIP DEPARTMENT:

KEY GRIP, BEST BOY (GRIP), DOLLY GRIP

ELECTRICAL DEPARTMENT:

GAFFER / LIGHTING DESIGNER / OB, BEST BOY (ELECTRICAL), LIGHTING TECHNICIAN

ART DEPARTMENT:

PRODUCTION DESIGNER, ART DIRECTOR, SET DESIGNER, ILLUSTRATOR

HAIR AND MAKE-UP DEPARTMENT:

MAKE-UP ARTIST, HAIRDRESSER

WARDROBE DEPARTMENT:

COSTUME DESIGNER, COSTUME SUPERVISOR, COSTUME STANDBY, ART FINISHER

POSTPRODUCTION CREW:

EDITOR, CUTTER & POST, ASSISTANT EDITOR, COLOURIST

VISUAL EFFECTS (VFX) CREW:

VISUAL EFFECTS SUPERVISOR, COMPOSITOR, ROTO/PAINT ARTIST

POST PRODUCTION - SOUND/MUSIC:

SOUND DESIGNER, DIALOGUE EDITOR, RE-RECORDING MIXER, FOLEY ARTIST

OTHER PRODUCTION CREW:

CASTING DIRECTOR, STORYBOARD ARTIST, CATERERS, UNIT NURSE, UNIT PUBLICIST, SET PHOTOGRAPHER, SOCIAL MEDIA CONTENT PRODUCER, MAKING-OF VIDEOGRAPHER

INTERACTIVE MEDIA:

MEDIA PRODUCER, DESIGNER, DEVELOPER, STUDIO MANAGER, WEB EDITOR, SEO SPECIALIST, PROGRAMMER, USABILITY SPECIALIST

EQUIPMENT & RENTAL:

CAMERA TECHNIQUE & ACCESSORIES, LENSES & ACCESSORIES, CAMERAS & ACCESSORIES, DRONES & ACCESSORIES, PRODUCTION ACCESSORIES, STORAGE MEDIA & ACCESSORIES, BATTERIES & POWER ACCESSORIES, LIGHTING & ACCESSORIES, POWER SUPPLY & ACCESSORIES, SOUND & ACCESSORIES, GRIP & ACCESSORIES, TRAVEL ACCESSORIES, OTHERS, RADIOS & ACCESSORIES, CATERING ACCESSORIES

LICENSES & FEES

RENTAL (HARD- & SOFTWARE), STUDIO RENTAL (FILM), STUDIO RENTAL (AUDIO), FILMING LOCATION FEES, PROP AND COSTUME FEES, VOICE-OVER AUDIOPRODUCTION FEES, SPEAKER COSTS, SPEAKER BUYOUTS, AUDIO TRANSCRIPTION (TEXT CAPTURE FROM AUDIO AND VIDEO RECORDINGS), TRANSLATIONS, POSTPRODUCTION SUBTITLING (SUBTITLING) IN DEFINED LANGUAGE VERSIONS, MODELS COSTS, MODELS BUYOUTS, ACTOR COSTS, ACTOR BUYOUTS, PHOTOGRAPHER BUYOUTS, CREATIVE DIRECTOR BUYOUTS, PRODUCTION BUYOUTS, MUSIC LICENSES, LICENSE FEES FOR STOCK FOOTAGE, LICENSE FEES FOR FONTS, PROJECT DATA BACKUP FEES, HOSTING FEES FOR ONLINE DELIVERY, OTHERS

OTHERS:

USAGE LICENSE (LICENSE GROUP 1), USAGE LICENSE (LICENSE GROUP 2), USAGE LICENSE (LICENSE GROUP 3), USAGE LICENSE (LICENSE GROUP 4), CATERING ON PRODUCTION (FOOD AND DRINKS), VEHICLE CREW (LOCATION CHECK / SCOUT), EXPECTED KILOMETERS TO BE DRIVEN (LOCATION CHECK / SCOUT), VEHICLE CREW (PRODUCTION), EXPECTED KILOMETERS TO BE DRIVEN (PRODUCTION), ROTATING VEHICLE (EQUIPMENT), EXPECTED KILOMETERS TO BE DRIVEN (EQUIPMENT), VEHICLE RENTAL (SET VEHICLE), EXPECTED KILOMETERS TO BE DRIVEN (SET VEHICLE), FLAT RATE EDITING SUITE (FILM / AUDIO), OTHER TRAVEL EXPENSES (CREW & ASSISTANCE), DRIVER (LOGISTICS), OVERNIGHT FLAT RATE, HANDLING FEE, PROVISION OF RAW DATA (PROJECT FILES, AUDIO FILES, FINAL FILM), RESEARCH FROM STOCK FOOTAGE

DEFINITIONS

"Footage" refers to all work results and design services provided and/or contractually to be provided by 0049 PRODUCTIONS GMBH & CO. KG within the scope of the contractual relationship in intangible (digital) form, including image, video and/or audio data, print materials, design documents, intermediate steps, sketches, etc.
"Own Footage" refers to material that 0049 PRODUCTIONS GMBH & CO. KG has created itself and/or in its own responsibility or has had created by third parties.
"Third-Party Footage" refers to material that 0049 PRODUCTIONS GMBH & CO. KG has obtained from third parties (e.g., photo stock image material) for the fulfillment of the order.

1. Scope

1.1. For the business relationship between 0049 PRODUCTIONS GMBH & CO. KG and the client, the following general terms and conditions apply to all offers and services in the version valid at the time of the order.

1.2. By placing an order, the client declares that he agrees to these general terms and conditions. Deviations must be made in writing. Insofar as the client has his own general terms and conditions, he waives to apply these for business contact with 0049 PRODUCTIONS GMBH & CO. KG and hereby declares that he agrees to the validity of the general terms and conditions of 0049 PRODUCTIONS GMBH & CO. KG.

1.3. In the event of disputes, the court of jurisdiction at the contractor's headquarters is agreed as the place of jurisdiction. German law applies to the exclusion of international private law and the UN sales law.

2. Conclusion of the contract

2.1. The offers made by 0049 PRODUCTIONS GMBH & CO. KG are subject to change and non-binding.

2.2. A contract is only concluded when the contract has been concluded in writing, the client's order has been confirmed in writing by 0049 PRODUCTIONS GMBH & CO. KG or the client accepts the estimated costs from 0049 PRODUCTIONS GMBH & CO. KG.

2.3. Advance services provided by 0049 PRODUCTIONS GMBH & CO. KG as part of an offer at the request of the client can be invoiced to the client if a contract is not concluded.

2.4. Change requests by the customer after the conclusion of the contract require a new offer on the part of the customer, as well as an acceptance by 0049 PRODUCTIONS GMBH & CO. KG. The customer has to bear any costs incurred through the implementation of the change request. The assessment basis for the additional remuneration is the additional personnel and time expenditure.

2.5. Orders are placed based on offers by 0049 PRODUCTIONS GMBH & CO. KG in written form (email sufficient) and include these terms and conditions. If work has already begun before accepting an offer in written form, these terms and conditions apply to such work and any work is to be remunerated based on the actual effort incurred by 0049 PRODUCTIONS GMBH & CO. KG at the usual fee rates. In case of accepting a later offer in written form, the remuneration rules specified therein apply.

2.6. The presentation and promotion of the 0049 PRODUCTIONS GMBH & CO. KG Flatrate on the websites, brochures, or within advertisements (e.g., on Facebook) do not constitute a binding offer to conclude a contract with 0049 PRODUCTIONS GMBH & CO. KG.

2.7. Changes or additions to the order conditions recorded in the offer by 0049 PRODUCTIONS GMBH & CO. KG only become part of the contract if expressly confirmed by 0049 PRODUCTIONS GMBH & CO. KG in written form.

2.8. Conclusion of the 0049 PRODUCTIONS GMBH & CO. KG Flatrate occurs through the customer's acceptance of an offer by 0049 PRODUCTIONS GMBH & CO. KG, which can be done verbally, in writing, or by conclusive behavior. Unless otherwise indicated in the offer, 0049 PRODUCTIONS GMBH & CO. KG is bound to offers for a maximum of 20 working days from receipt by the customer.

3. Services

3.1. Unless otherwise agreed in writing, all documents provided by the contractor such as: concepts, scripts, storyboards, drawings, sketches, designs, videos, photos and comparable documents remain the property of 0049 PRODUCTIONS GMBH & CO. KG.

3.2. The production contract or the accepted offer describes the agreed scope of services and the production costs.

3.3. If a production is based on a script, treatment or raw material (e.g. film material, photos, drawings, etc.) that was provided by the client or a third party, the client must transfer rights to the contractor. If costs arise as a result of this transfer of rights - in particular for the assignment of third-party rights - then these costs must be paid by the client.

3.4. Unless appointments were agreed in writing when the contract was concluded, the contractor will confirm the agreed appointments electronically or in writing.

3.5. If the client changes his requirements for the work in the production phase, the client has to pay costs for the resulting additional work. In this case, the contractor will immediately inform the client of the likely additional costs.

3.6. If no agreement can be reached on additional costs when the changes are received, the scope of services agreed in writing applies. If this can no longer be fulfilled by the contractor due to the changes, the further procedure is incumbent on the contractor and is also to be held harmless.

3.7. Unless otherwise agreed, the language of the work is in the respective language of the production country. This applies above all to the fonts used in the work. Excluded from this are lyrics, technical terms, etc.

3.8. The scope and requirements of the services to be provided are determined by the offer. Subsequent changes to the services require confirmation in written form by 0049 PRODUCTIONS GMBH & CO. KG. Unless expressly agreed otherwise in individual cases, 0049 PRODUCTIONS GMBH & CO. KG provides services in three phases. In the first phase, based on the order created by the customer in the 0049 platform, 0049 PRODUCTIONS GMBH & CO. KG creates a draft of the services to be produced and provides it to the customer with a request to review and approve the draft within a reasonable time. Based on the approved draft, 0049 PRODUCTIONS GMBH & CO. KG creates the final result in a usable form during the second phase, presenting it to the customer in the third phase with a request to review and finally approve the result within a reasonable time. The final result is considered approved as a whole upon approval, regardless of whether a draft was previously created or approved. The customer is obligated to accept the services if they comply with the contractual requirements. Acceptance cannot be refused due to minor defects. The services are considered accepted if the customer has not refused acceptance within the acceptance period, but no later than within 7 days after handover, specifying at least one defect. The services are also considered accepted if the customer uses them as intended.

3.9 0049 PRODUCTIONS GMBH & CO. KG exclusively provides design and artistic services and does not check the results of the services for third-party rights, especially regarding their competition or trademark legality or registrability. The customer is obliged to independently and diligently check the legal, particularly competition and trademark legality, of the drafts, results and other works before approving them for use in business transactions. You (the client) are responsible for all costs associated with providing and using the infrastructure and equipment required for our service, including an internet connection and a computer. 0049 PRODUCTIONS GMBH & CO. KG does not guarantee a specific completion speed for any individual order request. 0049 PRODUCTIONS GMBH & CO. KG undertakes to complete each order within the 0049 PRODUCTIONS GMBH & CO. KG Flatrate, to the extent reasonable and within the complexity, as quickly as possible. Furthermore, 0049 PRODUCTIONS GMBH & CO. KG does not guarantee a minimum quantity of completed orders for any subscription or plan. Subject to these conditions, 0049 PRODUCTIONS GMBH & CO. KG reserves the right to terminate the 0049 PRODUCTIONS GMBH & CO. KG Flatrate under the conditions set by 0049 PRODUCTIONS GMBH & CO. KG at its sole discretion, without prior notice: in case of a violation of the agreed usage conditions, misuse of the services for illegal purposes, or unauthorized disclosure of your user data.

4. Obligations to cooperate

4.1. A close cooperation with the customer is usually necessary for the creation of the work. Both contracting parties strive for constructive cooperation and successful project management. Both parties nominate project managers.

4.2. The client is initially obliged to constructively support 0049 PRODUCTIONS GMBH & CO. KG in the implementation of the project. In particular, this relates to early information about important and indispensable content for the client, which should be reflected in the product to be created by 0049 PRODUCTIONS GMBH & CO. KG, desired uses of the products produced, as well as technical and design requirements.

4.3. The client is also responsible for ensuring that the products, structures, decorations, people and vehicle fleet required and suitable for the film are available in good time for the shooting dates.

4.4. If the client is responsible for the organization of the location, then he has to take all measures that enable the recording of the agreed scenes. This includes, in particular, filming permits in churches, museums, model and department stores and events at squares.

4.5. 0049 PRODUCTIONS GMBH & CO. KG is only responsible for the organization of filming locations, permits, actors and other persons necessary for the fulfillment of the order if this is part of the contract.

4.6. Should 0049 PRODUCTIONS GMBH & CO. KG lack any support from the client, no liability will be accepted for the quality of the raw material and the resulting end products.

5. Confidentiality

5.1. Both the client and 0049 PRODUCTIONS GMBH & CO. KG are obliged to keep the information and documents exchanged absolutely confidential.

5.2. Making copies and passing them on to third parties is only permitted for the purpose of fulfilling the contract. All documents and information must continue to be treated confidentially and carefully even after the project has been completed. The use of the information for any other purpose is prohibited.

6. Processing of the order

6.1. 0049 PRODUCTIONS GMBH & CO. KG is responsible for the technical implementation and creative design of a production.

6.2. 0049 PRODUCTIONS GMBH & CO. KG reserves the right to call in third parties to carry out parts or the entire order, if this should prove necessary. This is especially the case in the event of involuntary failure, such as illness.

7. Copyright Disclaimer

7.1. The client is responsible for ensuring that he has all authorizations for the orders placed by him with regard to production, processing and duplication as well as the presentation of recordings (image and sound) for any purpose, in particular commercial law. Furthermore, the client assures that he is the person entitled to dispose or the licensee of the necessary copyrights, rights of use and reproduction and / or in possession of sufficient authorizations of the author or license holder.

7.2. The client is liable for all claims that third parties should make against us as a result of the execution of the order and undertakes to hold 0049 PRODUCTIONS GMBH & CO. KG harmless.

8. Price, delivery date and acceptance

8.1. The remuneration for our services is project-related. Expenses, travel costs and other expenses are calculated separately from the fee. Insofar as a lump sum payment has been agreed, this applies from the scope of services described in the order confirmation. Otherwise, all services incurred and listed up to the respective invoice are recorded.

8.2. 0049 PRODUCTIONS GMBH & CO. KG is entitled to demand advance payments / partial payments in an appropriate amount before the services are provided.

8.3. Unless otherwise agreed, the following terms of payment apply: Payments are due upon receipt of the invoice and according to the stated due date and payment amount.

8.4. The delivery date must be agreed when the order is placed. Delivery dates on the part of the client are only binding if such a specification by the client has been expressly agreed in advance by both contracting parties. Otherwise, only the respective project managers (within the meaning of 4.1 of these GTC) are authorized to agree binding appointments with the customer. If the delivery date cannot be met or the production cannot be carried out, 0049 PRODUCTIONS GMBH & CO. KG is only responsible for intent or gross negligence. In the case of delays for which the client is responsible (e.g. delayed text provision, etc.), the agreed delivery date can be postponed by up to three times the period of the delay for which the client is responsible.

8.5. 0049 PRODUCTIONS GMBH & CO. KG informs the client about the completion of the work. Before handover, a joint correction run can be carried out at the customer's option at the headquarters of 0049 PRODUCTIONS GMBH & CO. KG. When the work is handed over to the client, the work is deemed accepted. However, acceptance is also possible by exchange via the Internet. At the request of 0049 PRODUCTIONS GMBH & CO. KG, partial services / work status can also be accepted.

8.6. Payments by the client are deemed to be late if the client has not transferred the amount owed or within the agreed due date. In the event of default in payment, 0049 PRODUCTIONS GMBH & CO. KG reserves the right to charge default interest at the statutory rate, but at least 10% p.a.

8.7. Verbally promised delivery times and dates are non-binding. Delivery times and dates are only binding if they have been agreed in writing. Force majeure or events that come close to it, such as strike, failure or malfunction of technical devices and machines, as well as failure or difficulty in delivering raw materials, extend binding delivery deadlines by their respective duration.

9. Copyright, copyrights, rights of use, storage

9.1. The client has all necessary exploitation rights with regard to reproduction, broadcasting, performance and service protection (unless otherwise agreed, this is the "simple right of use"). 0049 PRODUCTIONS GMBH & CO. KG will manage these exploitation rights even after the work has been completed.

9.2. The client must inform 0049 PRODUCTIONS GMBH & CO. KG of the type of publication required when the contract is concluded. Insofar as third party exploitation rights have to be compensated (e.g. third-party film or sound material, speakers, actors, etc.), all costs incurred are to be paid by the client.

9.3. After successful completion of the project and full remuneration for the service provided, the client is granted a simple right of use for the completed work. He thus receives the right to use the contractually agreed products in their final form (no work statuses, sketches, individual tracks, sequences, raw materials, data carriers), simply and non-exclusively, in the respective language of the production country according to the agreed purpose of the contract.

9.4. Any rights for extended use of the completed work arise exclusively after individual agreement with 0049 PRODUCTIONS GMBH & CO. KG. Any additional costs arising in this regard are to be borne by the client.

9.5. 0049 PRODUCTIONS GMBH & CO. KG is entitled to show a copyright notice and the company name with company website URL in the film and on the processed products such as covers, folders, printable discs, etc.

9.6. The original and residual footage (image and sound) remains with 0049 PRODUCTIONS GMBH & CO. KG. A copy of the delivered work also remains with 0049 PRODUCTIONS GMBH & CO. KG for the purpose of subsequent reproduction, unless special conditions were agreed upon when the contract was concluded. 0049 PRODUCTIONS GMBH & CO. KG receives the right to use the delivered work for self-promotion, e.g. on the website or social media channels and to participate in national and international competitions.

9.7. The storage takes place for the client depending on the order and applies for a period of 2 years from the delivery date. Any retention beyond this period must be contractually agreed in advance.

9.8. Although the storage takes place according to the usual guidelines, 0049 PRODUCTIONS GMBH & CO. KG is not liable for broken works.

10. Licenses

10.1. Usage rights

10.1.1. All music recordings offered by 0049 PRODUCTIONS GMBH & CO. KG are protected by copyright law of the Federal Republic of Germany, international treaties and other applicable laws in Germany and abroad. The customers of 0049 PRODUCTIONS GMBH & CO. KG receive a license to use the music recordings in accordance with the following license terms.

10.1.2. The customers of 0049 PRODUCTIONS GMBH & CO. KG hereby acknowledge that all rights to the music recordings made available by 0049 PRODUCTIONS GMBH & CO. KG, including any copyrights, licenses, other rights or comparable legal positions, in relation to the Customers are only entitled to 0049 PRODUCTIONS GMBH & CO. KG and may not be used without the express prior, written consent of 0049 PRODUCTIONS GMBH & CO. KG. In particular, customers are prohibited from editing or redesigning the music recordings or using them. Uses of the musical work that go beyond what the customer is expressly permitted with the granting of the license are not permitted.

10.1.3. The music recordings offered by 0049 PRODUCTIONS GMBH & CO. KG are free of third party rights (e.g. musicians, composers, conductors, producers) within the scope of these license terms. 0049 PRODUCTIONS GMBH & CO. KG offers its customers music recordings that are free of claims or rights of domestic or foreign collecting societies with regard to the musical works used.

10.1.4. According to § 13 UrhG and § 74 Abs. 1 S. 1 UrhG, authors and artists have the right to be named. If music recordings are used in television or film productions, the artist must be referred to in the credits as follows: „by 0049.productions“. A similar reference to the artist must also be made in the context of any other use of music recordings, unless the specification of such a reference is inappropriate for technical reasons, the applicable law allows a different approach or the specification of a reference is not customary in the industry.

10.1.5. In principle, all rights to any material remain with 0049 PRODUCTIONS GMBH & CO. KG unless expressly granted to the customer. Regardless of protection by industrial property rights or copyright, the customer undertakes not to commercially exploit or allow the economic exploitation of any material and/or ideas provided by 0049 PRODUCTIONS GMBH & CO. KG within the scope of the collaboration without remuneration according to these terms and conditions. To the extent that the material provided within the scope of the order fulfillment is accessible under industrial property rights or copyright, the customer receives an exclusive, sublicensable usage right, to the extent necessary in terms of content, time and space for the use of the material according to the purpose underlying the order upon complete payment of the contractually agreed remuneration.

10.1.6. 0049 PRODUCTIONS GMBH & CO. KG grants the customer rights to third-party material only to the extent the contractor is entitled to grant such rights. Exclusive rights are only granted to own material, not to third-party material, unless expressly agreed otherwise.

10.1.7. To the extent that customer suggestions and specifications or other supportive measures establish co-authorship, the customer waives its share of exploitation rights in accordance with § 8 (4) UrhG.

10.1.8 0049 PRODUCTIONS GMBH & CO. KG reserves ownership of all material provided until full payment of the remuneration due in relation to the order.

10.2. Acquisition and scope of usage rights

10.2.1. With the full payment of the license fees, customers of 0049 PRODUCTIONS GMBH & CO. KG get, as subject to the provisions in Section 10.1., a simple, non-transferable, temporally, spatially and objectively restricted right of use to the respective work to the extent that is necessary for the agreed use within the framework of the planned "project" to be specified more precisely by the customer. Unless otherwise agreed and as far as no temporally and / or spatially restricted right of use is specified in the licenses set out below under Clause 10.2.2, the customer is granted the right of use within the specified project without restriction in terms of time and place. The license acquired by 0049 PRODUCTIONS GMBH & CO. KG does not entitle the customer to transfer the usage permission to third parties, nor to grant sub-licenses.

10.2.2. The music recordings may only be used by the customer for one project within the framework of one of the “license groups” shown below, which are selected by the customer when ordering. 0049 PRODUCTIONS GMBH & CO. KG offers subject to the regulations in clause 10.1. Usage rights under the following license groups:

10.2.2.1. License group 1

- Private website (use for a domain or subdomains) or

- Private video (a film / a website / a video page, e.g. Youtube) or

- Private Podcast (a podcast publication by a private person) or

- Presentation / Show (no video) or

- Basic school / university tariff (festivals / Internet / DVD up to 1,000 copies)

10.2.2.2. License group 2

- Background music website (use for a domain and subdomains) or

- Image film / product film (one film / one language version / Internet / trade fairs & events) or

- Editorial film (a film / Internet / TV / IPTV broadcast) or

- Telephone queue usage (for one location) or

- Corporate Podcast (a podcast publication by a company and / or in connection with business dealings) or

- Mechanical reproduction and / or downloads with a total print run of up to 1,000 pieces

10.2.2.3. License group 3

- Online advertising film / viral film / microsite (one film / one language version / no paid advertising / companies with up to 500 employees) or

- Regional radio / cinema commercial (one commercial / license period 1 year) or

- Extended school / university tariff (TV & cinema worldwide / festivals / internet / DVD up to a circulation of 5,000) or

- Mechanical reproduction and / or chargeable downloads with a total print run of up to 5,000 copies.

10.2.2.4. License group 4

- Online advertising film / viral film / microsite (one film / one language version / no paid advertising / companies with over 500 employees) or

- National radio / cinema commercial (one commercial / license period 1 year) or

- TV commercial regional (one commercial / license duration 1 year) or

- National point of sale (one film / license duration 1 year) or

- Public viewing commercial national (one commercial / license duration 1 year) or

- App / video game (use in an app / video game) or Mechanical reproduction and / or downloads with a total print run of up to 10,000 pieces.

10.2.3. The use of a work that is beyond the license group agreed in an individual contract in a separate license agreement within the meaning of section 10.2.2. goes beyond this - of whatever kind - requires the prior written consent of 0049 PRODUCTIONS GMBH & CO. KG.

10.2.4. The granting of the rights of use, subject to the provisions in Item 10.1. Incidentally, the right to technically convert, save, compress and / or decompress the music recordings in accordance with the respective technical requirements of a project in the required format. It is also permitted - as subject to the personal rights of the artists and authors - to shorten the music recordings.

10.2.5. Customers are not permitted to:

10.2.5.1. Anyone of those listed in Clause 10.2.4. Other processing or redesigning of the music recordings, in particular the production of remixes, samples, new recordings as well as content revisions, modifications and changes to the music recordings. Copyrights and ancillary copyrights to the music recordings remain with the respective owners of the rights even in the event of permissible changes and modifications and do not pass to the customer. Customers are therefore not permitted to distribute or sell modified music recordings under their own names.

10.2.5.2. In addition, the music recordings may not be used or distributed within the framework of music archives or databases, made available on such or resold. The use of music recordings for website templates is also prohibited.

10.2.5.3. The duplication of music recordings, or parts thereof, for the purpose of reselling or re-licensing, is prohibited for customers in both existing and modified form (editing, arrangements, new recordings, etc.).

10.2.5.4. The customers are still not allowed to offer the music recordings to third parties for download in file sharing or electronic networks or to make them accessible in any other conceivable way.

10.2.5.5. The use of the music in a manner that violates applicable law or public order or morality is not permitted. The use of the music in connection with content that violates applicable criminal laws and provisions for the protection of minors is not permitted. In particular, the use of music in connection with racist, grossly offensive, pornographic, other sexual or youth-endangering content, as well as content that glorifies violence, trivializes violence or discriminates against, is not permitted. It is also prohibited to use the music to advertise political parties.

10.2.6. If the customer does not observe the above license conditions when using the music, in particular if he uses the music in an unauthorized manner or if he exceeds the scope or duration of the usage permit or if he passes the music on to unauthorized third parties, 0049 PRODUCTIONS GMBH & CO. KG is authorized to initiate civil and criminal law steps and to terminate the license agreement with the customer without observing the notice period with immediate effect, whereby any use of the music by the customer becomes inadmissible. 0049 PRODUCTIONS GMBH & CO. KG is still entitled to close the customer's account immediately. This does not affect any further rights of 0049 PRODUCTIONS GMBH & CO. KG, for example to compensation.

11. Disclaimer of Liability

11.1. 0049 PRODUCTIONS GMBH & CO. KG is not liable for damage caused by actions of third parties, force majeure or effects from devices connected by the customer.

11.2. The above limitations of liability also apply in favor of the employees of 0049 PRODUCTIONS GMBH & CO. KG.

11.3. 0049 PRODUCTIONS GMBH & CO. KG is not liable for the loss of data and / or programs, insofar as the damage is due to the fact that the client has failed to carry out timely, continuous and functional data backups and thereby ensure that lost data justifiable can be restored.

11.4. The media used by 0049 PRODUCTIONS GMBH & CO. KG are standard branded items and are randomly checked for harmlessness. In particular with the storage media used in the film camera, manufacturer errors can occur which subsequently have a causal effect on the quality of the work. 0049 PRODUCTIONS GMBH & CO. KG is not liable for this.

11.5. The technical equipment of 0049 PRODUCTIONS GMBH & CO. KG is subject to the customary restrictions in bad weather, especially rain. 0049 PRODUCTIONS GMBH & CO. KG is responsible for changing the recording situation in order to prevent or avert obvious damage to the device used.

11.6. Although 0049 PRODUCTIONS GMBH & CO. KG maintains and checks the technology used according to customary standards, we are not liable for failures that prevent the order from being carried out.

11.7. The media used for playback can be played on commercially available playback devices. However, incompatibilities with certain playback device and media combinations can occur. 0049 PRODUCTIONS GMBH & CO. KG assumes no liability that the media used can, without exception, be played back without errors on all playback devices. No liability is accepted for damage to playback devices that may arise through the use of media from 0049 PRODUCTIONS GMBH & CO. KG.

11.8. 0049 PRODUCTIONS GMBH & CO. KG is liable, unless otherwise determined below, only for its own behavior or the behavior of representatives and vicarious agents in cases of grossly negligent or intentional conduct. For damages resulting from an injury to life, body, or health, 0049 PRODUCTIONS GMBH & CO. KG is also liable if caused by its own simple negligent behavior or the simple negligent behavior of a representative or vicarious agent. The same applies if an essential contractual obligation, i.e., an obligation whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contracting party regularly relies and may rely, is violated. Liability of 0049 PRODUCTIONS GMBH & CO. KG under the Product Liability Act as well as the statutory warranty for defects remains unaffected by the preceding paragraphs. 0049 PRODUCTIONS GMBH & CO. KG is not liable for the success of a protective right application and for the fact that the materials and other services do not infringe on the rights of third parties. However, the contractor assures that it is not aware of any conflicting rights of third parties.

11.9. In the case of printed products, the final check and approval regarding format, color space and correctness lie with you. 0049 PRODUCTIONS GMBH & CO. KG assumes no liability for faulty printing.

12. Infringement of Property Rights

12.1. The client exempts 0049 PRODUCTIONS GMBH & CO. KG from all claims by third parties arising from infringement of property rights (patents, licenses and other property rights) that are asserted in connection with the provision of services and for which 0049 PRODUCTIONS GMBH & CO. KG is not responsible.

12.2. 0049 PRODUCTIONS GMBH & CO. KG will inform the client immediately in the event of third-party claims.

13. Cancellation

13.1. In the event of a cancellation by the client up to 4 weeks before the start of shooting, 25%, up to 2 weeks before 50%, up to 24 hours before 75% and within 24 hours before 100% of the agreed fee will be charged. If the cancellation takes place at a point in time at which services have already been provided (installation of the technology, setup, filming, conception, location check), the remuneration is owed in full. This does not apply if the early termination of the contract occurs for reasons that are not in the sphere of the customer. This includes in particular the impossibility of executing the order due to storms, political upheavals, illness or death of a person who cannot be replaced who is involved in the production process. In any case, the customer owes the reimbursement of the proven expenses (travel and accommodation costs as well as costs for insurance and all other project-related external costs) in the event of premature termination. An offsetting of saved expenses and an offsetting of actually achieved or maliciously neglected interim earnings according to §§ 649 S. 1 half sentence 2 BGB does not take place in cases of premature termination by the customer.

13.2. Contracts between you and 0049 PRODUCTIONS GMBH & CO. KG are classified as service contracts. Unless otherwise agreed, the contract period starts from the date contractually agreed upon and is generally concluded for an indefinite period, unless a minimum contract term has been specified.

13.3. If the parties have not explicitly agreed on the individual partial remunerations, the usual remuneration according to the valid fee tariff for design services of the Allianz Deutscher Designer (SDSt/AGD) at the time of contract conclusion applies.

13.4. If payment for invoiced services is not made no later than 7 days after receipt of the invoice, the customer is in default of payment without the need for further reminders.

13.5. In the case of a granted (SEPA) direct debit authorization, the debit of your account will be initiated no earlier than at the regulated time.

13.6. All displayed shop prices are incl. tax unless explicitly stated otherwise.

13.7. You can terminate the 0049 PRODUCTIONS GMBH & CO. KG Flatrate by email, adhering to the agreed cancellation periods specified in the offer, to finances@0049.productions. The termination takes effect at the end of the term. 0049 PRODUCTIONS GMBH & CO. KG reserves the right to terminate the 0049 PRODUCTIONS GMBH & CO. KG Flatrate in the event of non-payment of due amounts and to claim the contractually agreed remaining term as compensation.

14. Other provisions

14.1. Changes to the production contract must be made in writing.

14.2. Marking, Reference Advertising & Confidentiality

0049 PRODUCTIONS GMBH & CO. KG is entitled to point out the activities of 0049 PRODUCTIONS GMBH & CO. KG free of charge on products manufactured for the customer and on measures carried out for the customer and to use the services for the customer in an appropriate manner as a reference advertise. In addition, 0049 PRODUCTIONS GMBH & CO. KG always reserves the right of use for advertising with references in its own right, regardless of the type or medium of use as a reference.

14.3. Required File Formats

Unless expressly agreed otherwise or technically necessary, material is generally to be provided in open file formats.

The customer agrees that 0049 PRODUCTIONS GMBH & CO. KG is entitled to (1) publicly name the customer as a reference, (2) inform about the project and (3) showcase a representative selection of the results, including but not limited to the company's website www.0049.productions.

In the course of providing the service, it may happen that you disclose confidential information to 0049 PRODUCTIONS GMBH & CO. KG. 0049 PRODUCTIONS GMBH & CO. KG undertakes to treat your confidential information confidentially and not to disclose it to unrelated third parties. 0049 PRODUCTIONS GMBH & CO. KG assures that only persons within the company who are necessary to provide the service to you have access to the confidential information.

14.4. Should any provision of this agreement or a provision subsequently included be or become wholly or partially void or unenforceable, or should a gap emerge in this agreement, this shall not affect the effectiveness of the remaining provisions (preservation). It is the express will of the parties to uphold the effectiveness of the remaining provisions under all circumstances, thereby waiving § 139 BGB altogether.

Changes and additions to this agreement, including this section 10.2, require written form unless otherwise specified.

The exclusive place of jurisdiction for all disputes arising out of or in connection with this agreement is the registered office of 0049 PRODUCTIONS GMBH & CO. KG, provided the customer is a merchant, legal entity under public law, or special fund under public law. 0049 PRODUCTIONS GMBH & CO. KG remains entitled to sue at the general place of jurisdiction of the customer.

The parties agree, with regard to all legal relationships arising from this contractual relationship, on the application of the law of the Federal Republic of Germany, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Sales Law).

15. Severability Clause

15.1. Should one or more provisions of these general terms and conditions be or become ineffective or this text of the contract contain a loophole, the contracting parties shall replace or supplement the ineffective or incomplete provision with appropriate provisions that largely correspond to the economic purpose of the intended provision.

15.2. The validity of the remaining provisions remain unaffected.

16. Double written form clause

16.1. Changes and additions to this contract must be made in writing to be effective. Oral side agreements are invalid.

16.1.1. This also applies to the agreement on the cancellation of the written form.