Terms of Service
The following terms and conditions apply to all contractual relationships with stackfilm, represented by Constantin Müller (hereinafter referred as stackfilm). Deviating terms and conditions of the customer do not apply. By accepting deliveries or partial deliveries, as well as acceptance of a cost offer, the customers acknowledge the validity of these terms and conditions in any case. These terms and conditions also apply to all future contractual relationships with the customer, unless otherwise expressly agreed. Any conditions deviating from these terms and conditions must be in writing.
II. Contract and resignation
a. Offers by stackfilm are non-binding. The contract is only concluded by written order confirmation of the customer or by the delivery of the ordered services by stackfilm without prior confirmation.
b. Should stackfilm be hindered in performance by circumstances beyond its control or responsibility, in particular as a result of improper or untimely delivery by suppliers or third parties, untimely return of rental equipment by the previous tenant, unreasonable weather conditions or weather related outages stackfilm entitled to withdraw from the contract.
c. The customer is obliged to accept partial deliveries without the prior consent of the customer.
d. After the contract has been canceled by the customer, all work paid to date shall be fully paid by the customer. In addition, costs incurred, such as incurred cancellation fees for rental technology, vehicles, insurance or similar. The cancellation fees are usually at a withdrawal from 2 days before job date 50% of the price, from 24 hours before the job date 100% of the price.
III. Prices and terms of payment
a. All prices are net prices plus VAT. Costs for packaging, postage and freight will be charged separately. The invoice amount is due for payment no more than 10 days after receipt of the invoice.
b. All deliveries and services remain the property of stackfilm until full payment.
c. All hours are estimated working hours, additional hours are charged to the customer. The customer will be informed in time by stackfilm.
d. Daily prices refer to 10 working hours incl. 1h break. Overtime is calculated at 25% base price per beginning hour.
IV. Late payment
a. Default occurs upon receipt of a reminder after due date, but in any case 30 days after receipt of an invoice or equivalent request for payment.
b. If the customer is in default of payment, stackfilm charges, subject to the assertion of further rights, default interest of 5% above the respective base interest rate of the European Central Bank, at least a processing fee of € 5.00.
V. Retention, offsetting and assignment
a. The right of retention due to counterclaims / counterclaims and offsetting against counterclaims / counterclaims is excluded, unless these are undisputed or legally established.
b. The assignment of rights and / or the transfer of obligations arising from the contractual relationship without the express written consent of stackfilm is excluded. This does not affect the assignment of rights and / or the transfer of duties to companies that are affiliated with the customer within the meaning of §§ 15 ff. AktG.
c. stackfilm can transfer rights and obligations arising from the contractual relationship to third parties with the consent of the customer at any time.
In the case of slight negligent breach of essential contractual obligations, default and impossibility as well as non-essential contractual obligations for gross negligence of simple vicarious agents, liability shall be limited to the amount of foreseeable damage typical of the type of contract.
Items and materials handed over to stackfilm are generally not insured by stackfilm. The client must ensure sufficient insurance coverage. The contractor is not liable for lost requests.
VIII. Storage, archiving and publication of data and documents
The raw material and all project files including related assets are copyrighted and property of stackfilm. If it is desired to provide this data, in particular open project data, from the customer, a buyout appropriate to the project must be agreed. The costs for the transfer of the data and the data carrier are borne by the customer. All raw data produced by stackfilm for production, as well as raw files and project files, will be kept by stackfilm for a period of one year, beginning with the termination of the relevant communication activity, with reasonable technical effort and without separate remuneration. Liability for data loss is generally excluded during archiving. After expiry of the retention period or at the end of the contract prior to expiry of this period, the documents will be destroyed.
IX. Rights of use and freedom
a. The customer assures stackfilm that he has the appropriate rights of use for copying the work piece and grants stackfilm the rights of use necessary for copying the work with the conclusion of the contract.
b. The customer warrants to stackfilm that he has the appropriate rights of use of delivered image, sound and video material and grants stackfilm the rights of use necessary for further processing with the conclusion of the contract.
c. The customer undertakes to indemnify stackfilm against all third-party claims asserted due to unauthorized copying or delivery and to compensate stackfilm for damages incurred. This also includes the costs incurred by stackfilm for legal prosecution and / or defense.
d. stackfilm is free to make a director's cut of any movie / video / animation project and publish it on all channels without any time restrictions
X. Copyright, copying and licensing
a. The contracting party is not entitled to make copies (also in extracts) of our products or by third parties. Public performance, rental and leasing (also free of charge) are prohibited, unless we have given written permission.
b. The contractor grants stackfilm the right to refer the contract goods to its company in a suitable manner, for example in a "showreel", a compilation of the products for publication on the company homepage.
c. For all delivered audio and video works applies, unless otherwise agreed, standard release for worldwide Internet use including social networks and video sharing platforms such as Facebook, Instagram, YouTube or Vimeo for a period of one year. Deviating agreements must be made in writing and noted in the offer.
a. Notifications of defects and other complaints due to obvious defects shall be made immediately, at the latest within a period of 7 days after receipt of the goods and at the same time for the purpose of checking them.
b. Quality requirements that are subject to subjective assessment, in particular coloring, brightness variations, contrast fluctuations or volume differences do not constitute a warranty claim.
c. The warranty claims of the client are limited to our choice to the right to repair or replacement. For this we must be given a reasonable period of time. The warranty right expires if the client has made or has carried out defect removal work, changes to script or programming code or other changes to the delivered or processed material without our prior written consent. In case of failure of the repair or replacement by stackfilm, the client has the right to demand at his discretion reduction of the price or cancellation of the contract.
d. If defects in the delivered material occur after the client has modified original files provided or supplied by stackfilm, the warranty claim expires. This also applies if the changes do not indicate a direct connection with the resulting defect.
XII. additional services
a. Additional deliveries and services will be charged separately. Likewise, subsequent changes will be charged to the client upon request of the client, author corrections or additional work incurred due to late delivery of the client (unless mentioned in the quotation / offer).
XIII. Personal data
XIV. Salvatory clause
Should individual provisions of this contract be wholly or partially invalid or lose their legal validity later, the validity of the rest of the contract is not affected. In this case, the invalid provision shall be replaced by an effective provision that comes closest to the economic purpose of the ineffective provision.
XV. Jurisdiction and place of fulfillment
The place of fulfillment for all contracts is the registered office of stackfilm. The place of jurisdiction is Wiesbaden, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. Deviating from this, stackfilm can also sue at the customer's place of jurisdiction. Any exclusive jurisdiction is not affected.