General Terms and Conditions

I. General

1. The following General Terms and Conditions (GTC) shall be deemed agreed upon for all orders placed with Fellnermedia, unless they are immediately opposed in a separate written document.

2. Lightworks“ within the meaning of these GTC refers to all products created by Fellnermedia, regardless of the technical form or medium in which they were created or are available.

II. Copyright, Usage, Distribution

1. Fellnermedia has full copyright on all lightworks created by Fellnermedia under the provisions of copyright law.

2. Lightworks created by Fellnermedia are, depending on the agreement, intended exclusively for private or commercial use by the client. Any other use, particularly the right to resale, requires a separate written agreement. Model Release: Regardless of the usage rights granted in individual cases, Fellnermedia retains the right to use the lightworks both for its own advertising and for illustrative purposes (e.g., exhibitions, website, etc.). If this right is not fully granted to Fellnermedia in an individual case, this requires an individual written agreement, which may entail an additional charge.

3. If Fellnermedia grants usage rights to its works, only simple usage rights are transferred unless otherwise explicitly agreed. Transfer, especially resale of usage rights, requires a special agreement.

4. Usage rights only transfer to the customer after full payment of the fee to Fellnermedia. By paying and transferring the usage rights, the customer confirms that all components of the performance created by Fellnermedia are free from infringement of third-party rights.

5. Any sale, loan, exchange, rental, or even free distribution of lightworks to third parties is prohibited if it involves commercial use.

6. The customer grants Fellnermedia the copyright reproduction rights and other authorizations necessary to execute this contract for their data.

7. The customer assures Fellnermedia that the data provided is accurate and complete. The customer is obligated to immediately inform Fellnermedia of any changes to the provided data.

8. The customer must use any offered services appropriately and for their intended purpose. Specifically, they are obligated to avoid illegal or unlawful actions in connection with the offered services and end products. The customer is particularly prohibited from unauthorized use of services agreed upon in the web hosting contract (such as decrypting, reading, or modifying passwords, emails, or files of the system operator; unauthorized distribution of licensed application software via web hosting services; disruption or blocking of communication services, such as by overloads; and distribution or making accessible any illegal content through web hosting services, especially pornographic, glorifying violence, anti-democratic, or xenophobic content). It is also prohibited for the customer to send mass emails or spam emails from a web hosting account to recipients without their explicit consent.

III. Remuneration, Retention of Title

1. A fee is charged for creating lightworks as an hourly rate, daily rate, or agreed flat fee, plus statutory VAT. Fellnermedia will show the final prices including VAT on invoicing.

2. Invoicing: The invoice is issued upon delivery of the lightworks. Additionally, a deposit is agreed upon, and the invoice is issued upon order placement. Due invoices must be paid without deductions within 7 days of the invoice date. The client is in default if they fail to pay due invoices within 30 days of receipt.

2.1. Domain: The respective fees are due immediately upon invoicing without deductions.

3. Until full payment of the fee, the delivered lightworks, particularly their exploitation and reproduction rights, remain the property of Fellnermedia.

4. If the client has not provided Fellnermedia with explicit instructions regarding the design of the lightworks, complaints regarding artistic and technical design are excluded. If the client requests changes during or after production, they are responsible for covering the additional costs. Changes and supplementary agreements must be in writing. Fellnermedia retains the right to remuneration for work already commenced.

5. A cancellation fee of 50% of the agreed fee (equivalent to the deposit made) applies if a date is canceled. The client bears the burden of proof that the damage incurred by Fellnermedia is lower.

6. Travel Expenses: The customer agrees to cover all travel expenses incurred in fulfilling the contract, including train tickets, flights, car rentals, taxis, and other necessary transportation costs, as well as costs for hotel accommodations or other required lodging. Car trips are charged at €0.40 per kilometer started.

IV. Liability

1. Fellnermedia and its agents are liable for breaches of obligations that are not directly related to essential contractual obligations only in cases of intent and gross negligence. Fellnermedia is also liable for damages arising from injury to life, body, or health, as well as for damages resulting from breaches of essential contractual obligations caused by culpable breach by Fellnermedia or its agents. Unless otherwise agreed, Fellnermedia is liable for damages to objects, templates, films, displays, layouts, or data only in cases of intent and gross negligence.

2. Fellnermedia does not undertake to permanently archive the lightworks. The lightworks are provided to the client in high-resolution form on a USB stick. Clients are responsible for additional archiving. Any deviation from this requires a separate agreement. Additional costs are borne by the client.

3. Fellnermedia expressly does not provide a warranty beyond the manufacturer’s warranty or guarantee for light stability or durability of lightworks regarding the material sourced from third parties.

4. Fellnermedia is not liable for defects or damages resulting from inaccurate or incorrect statements by the client or influence by third parties, environmental influences, or moving lights.

5. Should Fellnermedia be unable to appear on the agreed date due to unforeseen circumstances (e.g., sudden illness, traffic accident, environmental influences, traffic disturbances, etc.), Fellnermedia assumes no liability for any resulting damages. Fellnermedia neither assumes responsibility for costs nor for services to be provided by third parties. Fellnermedia will strive to arrange a replacement date with the customer. For time-sensitive orders that do not allow for rescheduling (e.g., events), the customer’s deposit will be promptly refunded, and any already provided services will be offset. If the received deposit does not cover the costs incurred, Fellnermedia reserves the right to claim compensation.

6.For copyright violations, copyright infringements, and misuse not initiated by Fellnermedia on the website, the client is liable. The client is equally responsible for any information material made available to Fellnermedia.

V. Additional Obligations

1. The client assures that they have the reproduction and distribution rights to all templates provided to Fellnermedia and, in the case of portraits, consent from the depicted persons for publication, reproduction, and distribution. The client is responsible for any third-party claims arising from breach of this obligation.

 

VI. Service Disruption, Cancellation Fee

1. If the time scheduled for the order execution exceeds 10% for reasons beyond Fellnermedia’s control, the fee will increase proportionately to the overage, assuming a flat rate was agreed upon. In cases of intent or gross negligence by the client, Fellnermedia may also claim damages. If an order is terminated prematurely for reasons beyond Fellnermedia’s control, a compensation claim arises, calculated based on the relation of the total fee to the partial service provided at the time of termination.

2. Delivery dates for lightworks are binding only if they have been explicitly confirmed by Fellnermedia.

VII. Data Protection

1. Personal data of the client required for business transactions may be stored. Fellnermedia agrees to treat all information disclosed during the assignment as confidential.

 

VIII. Services and Obligations

1. The order includes the following video/image editing: color and contrast adjustments to all lightworks to be delivered. Additional work (retouching) must be separately agreed upon.

2. Fellnermedia provides the client with storage space on any Fellnermedia storage medium. Fellnermedia reserves the right to make its physical server available to other customers as well. However, the storage space assigned to the client under the contract will appear as a separate server to third parties (so-called virtual host).

3. Data upload to the web space is done via FTP/SFTP.

4. The client receives access to independently store, change, supplement, or delete their webpages and emails. A username and password will be assigned, meeting Fellnermedia’s minimum password requirements.

5. Fellnermedia is committed to providing a connection and taking reasonable efforts to establish an internet connection to make the web space accessible for incoming requests and the client’s data retrievable.

6. Domain: If the provision and maintenance of domain names are part of the contract, Fellnermedia registers the domain with a freely chosen provider. Fellnermedia acts as an intermediary between the client and DENIC or other domain registration organizations. Different top-level domains are managed by various organizations, each with different terms for domain registration and administration, including sub-level domains and procedures in domain disputes. If top-level domains are part of the contract, the terms of the respective organization also apply. For .de domains, the DENIC domain terms and DENIC domain policies apply in addition.

6.1. Fellnermedia has no influence on the allocation of domains by such bodies and assumes no guarantee that the domains applied for will be allocated or remain free of third-party rights.

6.2. The client is liable if the requested domain infringes on third-party rights, particularly with regard to brand names, company names, and personal names.

6.3. Duration, Contract Conditions, Termination: The minimum contract period is 12 months. For domain bookings, it is also 12 months. If the contract is not terminated on time, it is extended by the agreed time or minimum duration, but no longer than one year, if not terminated with three months’ notice before the respective period or minimum term expires.

6.4. Fellnermedia is entitled to release the client’s domain after the contract ends. All rights of the client from the registration expire upon release.

6.5. All data will be blocked after termination or expiration of the service period and permanently deleted after four weeks. The client is responsible for backing up emails and website data and transferring the server to another provider.

6.6. The right to extraordinary termination for good cause remains unaffected.

6.7. If a client is in arrears with payment obligations, web hosting is entitled to demand default interest of 5 percentage points above the applicable statutory base rate per annum. Fellnermedia is especially not obliged to provide further advance services if the client is in arrears with a minimum amount equal to one monthly fee for at least four weeks.

6.8. Terminations must be in writing to be effective.

IX. Miscellaneous

1. Poor weather conditions restrict production, especially outdoor work, which may be halted to protect equipment. Fellnermedia will decide this. Fellnermedia is not liable for unforeseen delays or potential prohibitions on location.

2. Calculations for the agreed fee are made with the utmost care. If it becomes apparent during order processing that essential items have not been calculated or are insufficiently calculated, Fellnermedia will notify the client promptly. A supplementary offer from Fellnermedia will be provided to continue the work, which should not exceed 10% of the original fee.

 

X. Final Provisions

The place of fulfillment for all obligations from the contractual relationship is Fellnermedia’s registered office. The law of the Federal Republic of Germany applies, even for international deliveries. Ancillary agreements to the order or these GTC must be in writing to be effective. Any invalidity of one or more provisions of these GTC does not affect the validity of the remaining provisions.

Fellnermedia
January 10, 2024