1. GENERAL PROVISIONS

1.1   Die allgemeinen Geschäftsbedingungen gelten, wenn die Parteien sie ausdrücklich oder stillschweigend anerkennen. Änderungen sind nur wirksam, soweit 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

4.1 If a - in writing or verbally - agreed production date is canceled by the client less than 48 hours before the start of production or if there is no cancellation, a cancellation fee of 50% of the target net order volume will be due.

4.2 If a - in writing or orally - agreed production date is canceled by the client less than 24 hours before the start of production or if there is no cancellation, a cancellation fee of 100% of the target net order volume will be due.

4.3 Cancellations must always be made in writing without exceptions.

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 We ask for payment in advance for the first order. For follow-up orders, you pay by bank transfer after receiving our service and invoice.

6.3 Depending on the scope of the order and the proportion of service providers commissioned by us (such as speakers, musicians or other artists), we will issue invoices on account of up to 100% of the total amount of the cost estimate.

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. VERWENDUNG DER SPRACHAUFNAHMEN

8.1   Eine Verwendung der Sprachaufnahmen über den vorab vereinbarten Zweck und Umfang hinaus ist ausgeschlossen. Hierzu gehört auch die Nutzung der Aufnahmen im Bereich „Künstlicher Intelligenz“, etwa zum Training oder für das Erzeugen künstlicher Stimmen (z. B. Klonen von Stimmen).
Auch eine Archivierung der Aufnahmen zu solchen Zwecken ist nicht gestattet

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.

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.