PTC

Purchasing Terms and Conditions (PTC)

0049 PRODUCTIONS GMBH & CO. KG

Effective Date: 1st September 2024

1. Scope and Applicability

1.1. These Purchasing Terms and Conditions (hereinafter "Purchasing Terms") apply to all purchases and commissioned services by 0049 PRODUCTIONS GMBH & CO. KG (hereinafter "0049") from external service providers, freelancers, production partners, suppliers and subcontractors (hereinafter "Contractor").

1.2. By accepting a commission, assignment, order or collaboration with 0049, the Contractor agrees to these Purchasing Terms as legally binding. Any conflicting or supplementary terms of the Contractor shall not apply, even if 0049 does not explicitly object to them.

1.3. Individual agreements made in writing between 0049 and the Contractor shall take precedence over these Purchasing Terms to the extent that they deviate.

2. Subject of Commission and Transfer of Rights

2.1. Unless otherwise agreed in writing, all results and deliverables produced in the course of the contractual relationship – whether creative, technical or organizational in nature – shall be considered work results commissioned by 0049.

2.2. All rights of use, exploitation, adaptation, distribution and duplication of the delivered work results (including footage, raw files, open project files, sound recordings, visual material, layouts, concepts, treatments, scripts, animation projects, 3D models, graphics, music and all related project documentation) shall be fully and exclusively transferred to 0049 upon delivery and full payment. This includes all known and unknown types of use, worldwide and for an unlimited period.

2.3. The Contractor guarantees that the delivered materials are free from third-party rights and that no rights of third parties (e.g. co-authors, licensing bodies, or other subcontractors) are infringed. If third-party rights exist, the Contractor shall ensure their acquisition at their own expense and transfer them in full to 0049.

2.4. 0049 shall have the unrestricted right to store, back up, edit, publish, reuse and modify all material at any time, including for future productions, derivative works, adaptations, and internal or external marketing purposes.

2.5. Upon request, the Contractor shall also provide all editable project files (e.g., Premiere Pro, After Effects, Davinci, Pro Tools, Illustrator, Photoshop, Blender, etc.) including all linked assets, fonts, LUTs, sound libraries, and working files in an organized structure suitable for archiving, editing and re-use.

2.6. All raw data and master files must be handed over at the end of the project without separate compensation, unless otherwise contractually agreed. This includes but is not limited to: unedited camera footage, audio recordings, location sound, proxies, metadata, backups, and footage logs.

2.7. The Contractor is not entitled to transfer any rights, licenses, or access to the delivered materials to third parties unless explicitly agreed in writing by 0049.

3. Confidentiality and Data Protection

3.1. All data, documents, concepts and information provided by 0049 are to be treated as confidential, even after the end of the collaboration. This includes especially: client data, budgets, unpublished content, internal processes, strategy documents and partner information.

3.2. The Contractor agrees to comply with applicable data protection laws, in particular the GDPR, and to process personal data of 0049 or its clients only within the agreed purpose and scope.

3.3. No behind-the-scenes material, work-in-progress content or project-related visuals may be shared publicly or published (e.g., via social media or portfolio) without prior written approval by 0049.

3.4. Any public reference to the client, project name or content must be coordinated with 0049 and require explicit written release.

4. Invoicing and Payment

4.1. The Contractor may invoice only after full delivery of the agreed service or deliverables, unless otherwise agreed.

4.2. Invoices must include the project name, date(s) of performance, and a detailed breakdown of the service(s) provided. Travel expenses and incidentals will only be reimbursed if approved in writing in advance.

4.3. The standard payment term is 30 calendar days after receipt of a verifiable invoice, provided the service was delivered in full and free of defects. Shorter payment periods require explicit agreement.

4.4. If no specific overtime or surcharge regulations have been agreed upon in writing in advance, the agreed flat daily rates shall apply without additional overtime compensation.

5. Work Equipment, Safety and Liability

5.1. The Contractor shall provide all necessary tools, licenses and technical equipment unless otherwise agreed. All equipment and software must be properly licensed and safe to operate.

5.2. The Contractor is responsible for their own insurance coverage during production (including liability insurance, accident coverage, and – where applicable – drone or gear insurance). 0049 reserves the right to request proof.

5.3. In the event of damages caused by the Contractor, 0049 is entitled to assert claims for repair, replacement or compensation.

6. Relationship and Exclusivity

6.1. The Contractor acts as an independent service provider and not as an employee. No employment relationship or agency relationship is established.

6.2. During the project period, the Contractor must coordinate all external use or further exploitation of the created content with 0049. Any use of behind-the-scenes, work samples or excerpts must be approved in writing by 0049.

7. Delivery Deadlines and Performance

7.1. The Contractor commits to adhere to agreed delivery timelines and respond promptly to communication within a maximum of 48 hours on business days. Significant delays must be communicated proactively.

7.2. The Contractor must guarantee delivery in a technically flawless condition (color-corrected, high-resolution, sync audio, etc.).

7.3. If defects are identified, the Contractor shall be given an appropriate period for correction. If the defect is not resolved within this period, 0049 is entitled to reduce payment, request substitute performance, or withdraw from the agreement.

8. Approval, Amendments and Backup Obligation

8.1. 0049 reserves the right to request reasonable changes and revisions in a first and second correction round without incurring additional costs.

8.2. Final approval is considered granted only once 0049 confirms acceptance of the delivered material in writing.

8.3. The Contractor is obliged to securely back up all project data (working files, raw footage, master files, etc.) for a minimum of 60 days after delivery and make them available upon request during this period.

9. Confidentiality, Credits & Publicity

9.1. The Contractor is obligated to treat all project-related content, footage, communications, and background information as strictly confidential. Publication of any material, names, or references requires prior written permission.

9.2. No behind-the-scenes footage, screenshots, or project details may be shared on social media, websites, or portfolios without explicit written consent by 0049.

9.3. Any form of crediting (e.g., in social media posts, websites or showreels) must list 0049 PRODUCTIONS GMBH & CO. KG as the primary contractor. Previews and references by the Contractor are subject to written approval.

9.4. Subcontractors or third parties engaged by the Contractor may not publish or reference the commissioned work without prior written agreement by 0049.

10. Final Provisions

10.1. Changes or additions to these Purchasing Terms must be made in writing.

10.2. Should individual provisions of these terms be or become invalid, this shall not affect the validity of the remaining provisions.

10.3. Place of performance and jurisdiction is the registered office of 0049 PRODUCTIONS GMBH & CO. KG. The laws of the Federal Republic of Germany shall apply exclusively.