1. GENERAL PROVISIONS
1.1 These general terms and conditions apply if the parties expressly or tacitly accept them. Amendments are only effective if FEINTON diese schriftlich bestätigt.
2. CONCLUSION OF A CONTRACT
2.1 The contract is concluded upon receipt of the written confirmation from the customer that he has accepted the cost estimate (order confirmation). The order confirmation should usually be sent by email.
2.2 Obvious errors in cost estimates or in the order confirmation, typing and calculation errors neither entitle nor oblige the customer or us. The contract is only concluded as it would have come about without this error or errors.
3. SCOPE OF SERVICES, EXECUTION
3.1 The order confirmation or, if one is missing, the cost estimate from FEINTON is decisive for the scope and execution of the products and services. Services that are not expressly listed there are not included in the scope of services. Unless otherwise stated in writing, cost estimates are valid for 14 days from the date of issue.
3.2 The content is generally checked by the client, unless this has been commissioned in writing. The client is generally responsible for the content.
4. CANCELLATION POLICY
4.1 If a production date agreed upon – verbally or in writing – is cancelled by the client less than 48 hours before the start of production, a cancellation fee of 50% of the intended net order volume will be due.
4.2 If a production date agreed upon – in writing or verbally – is cancelled by the client less than 24 hours before the start of production, a cancellation fee of 100% of the intended net order volume will be due.
4.3 If a cancellation is not made in full, a cancellation fee of 100% of the intended net order volume will be due.
5. PRICES
5.1 The prices in cost estimates are net in euros, excluding VAT. The deduction of cash discount is only permissible with a special written agreement.
5.2 You have to comply with any obligation to pay the KSK Künstlersozialkasse (Artists' Social Fund).
5.3 We charge the first hour in full - regardless of the time required. From the second hour, we charge every half hour for every half hour that has started.
5.4 On weekends and public holidays, as well as outside the regular opening hours, a correspondingly agreed surcharge is to be paid.
6. PAYMENT TERMS
6.1 Payment is made on account by bank transfer, PayPal or cash against receipt and is due upon receipt of the invoice, no later than 30 days after the invoice date.
6.2 For your initial order, we request advance payments of up to 100% of the total cost estimate, depending on the scope of the order and the contribution of service providers commissioned by FEINTON, such as voice artists, musicians, or other artists. For follow-up orders, you pay by bank transfer upon receipt of our services and invoice.
6.4 In the case of orders with a customer-side term of more than 30 days, we are entitled to issue partial invoices for services provided up to the time of invoicing.
7. WARRANTY
7.1 FEINTON is not to be held responsible or liable for quality problems caused by third parties or external influences during or after the recording (e.g. background noise from the guest, traffic noise, thunderstorms, interference from mobile phones, etc.), especially in the case of on-site recordings.
8. INTELLECTUAL PROPERTY AND TITLE RESERVATION
8.1 For sound and text creations that are created by us in the context of the order or provided from archives, all performance rights or reproduction rights remain until full payment of all claims from this order and other orders of the client or until a separate agreement of the license with the contractor, likewise the ownership of the delivered material.
8.2 FEINTON retains all rights, such as property rights, copyrights, ancillary copyrights, naming rights, trademarks and labeling rights to all products or services, unless otherwise agreed in writing.
8.3 Any use of the recordings we create beyond the agreed purpose and scope is prohibited. This includes the use of the recordings in the field of AI (artificial intelligence). Use for training or generating artificial voices (e.g., voice cloning), as well as archiving the recordings for such purposes, is prohibited.
9. APPLICABLE LAW / PLACE OF JURISDICTION
9.1 All contracts between FEINTON and the customer are subject to German law.
9.2 The exclusive place of jurisdiction for disputes arising from or in connection with the contracts between FEINTON and the customer is Frankfurt am Main, Germany.