General Terms and Conditions

§ 1 Scope

These General Terms and Conditions (hereinafter “GTC”) apply to all contracts between TVGestalter Videoagentur, Björn Tessnow, Friedenstr. 10, 40219 Düsseldorf (hereinafter “Contractor”) and the respective client (hereinafter “Customer”) regarding video production services, AI consulting and related services.

Deviating, conflicting or supplementary general terms and conditions of the Customer only become part of the contract if and to the extent that the Contractor has expressly agreed to their application in writing.

§ 2 Formation of contract

Offers made by the Contractor are subject to change and non-binding. A contract only comes into existence upon the Contractor’s written order confirmation or upon the commencement of the performance of services.

The scope of the services to be rendered results from the respective offer or the order confirmation. Amendments and additions to the contract must be made in writing.

§ 3 Scope of services

The Contractor renders the services described in the offer or the order confirmation. The specific scope of services includes in particular:

• Conception, planning and execution of video productions (image films, recruiting videos, event films, testimonials, product videos, livestreams, etc.)
• Post-production including editing, colour grading, sound mixing and graphics
• AI workshops, AI consulting and implementation support
• Provision of equipment and studio space

Additional services that go beyond the agreed scope are charged separately according to expenditure, unless otherwise agreed.

§ 4 Customer’s duties to cooperate

The Customer shall provide the Contractor with all information, materials and access required for the performance of services in good time. Delays due to a lack of cooperation on the part of the Customer entitle the Contractor to extend agreed deadlines accordingly.

The Customer ensures that it holds the necessary rights to the materials provided (logos, texts, music, images, etc.) and indemnifies the Contractor against claims by third parties.

§ 5 Remuneration and payment terms

The remuneration results from the respective offer. All prices are exclusive of statutory value added tax, unless otherwise stated.

Invoices are payable within 14 days of the invoice date without deduction, unless otherwise agreed. For larger projects, an advance payment of up to 50 % of the order volume may be agreed.

In the event of default in payment, the Contractor is entitled to charge default interest at a rate of 9 percentage points above the base interest rate. The right to assert further damages caused by default remains reserved.

§ 6 Usage rights and copyright

Upon full payment of the agreed remuneration, the Contractor grants the Customer the usage rights to the created works designated in the offer. Unless expressly agreed otherwise, simple, non-transferable usage rights are granted.

The Contractor retains the right to use the created works as a reference in its own portfolio, on the website and in social media, unless the Customer expressly objects.

The copyright remains with the Contractor. Any editing or modification of the works by the Customer requires the prior consent of the Contractor.

§ 7 Dates and deadlines

Dates and deadlines are only binding if they are expressly designated as firmly agreed. In the event of delays due to force majeure, the absence of contributors or other circumstances for which the Contractor is not responsible, dates and deadlines are extended accordingly.

Acceptance of the created works takes place within 5 working days of delivery, unless otherwise agreed. Without explicit feedback, the work is deemed accepted upon expiry of this period.

§ 8 Cancellation and termination

The Customer may cancel the order before the start of production. In this case, preliminary services already rendered (conception, location scouting, casting, etc.) are invoiced.

In the event of cancellation up to 7 working days before the agreed production date, 50 % of the agreed remuneration is payable. In the event of later cancellation or non-appearance, the full remuneration becomes due.

§ 9 Liability

The Contractor is only liable for damages based on intentional or grossly negligent conduct. Liability for slight negligence is limited to the breach of essential contractual obligations (cardinal obligations) and limited to the damage that is foreseeable and typical for the contract.

The limitation of liability does not apply to damages arising from injury to life, body or health, nor to claims under the Product Liability Act.

§ 10 Confidentiality

Both contracting parties undertake to treat all confidential information of the other party obtained within the scope of the contractual relationship as confidential and to use it only for the purposes of the contract. This obligation continues to exist even after termination of the contractual relationship.

§ 11 Data protection

The Contractor processes the Customer’s personal data exclusively within the framework of the applicable data protection regulations. For further information, please refer to our privacy policy.

§ 12 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance and place of jurisdiction is Düsseldorf, provided that the Customer is a merchant, a legal entity under public law or a special fund under public law.

Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The parties undertake to replace the invalid provision with a valid arrangement that comes as close as possible to the economic purpose of the invalid provision.