These terms and conditions apply exclusively to all transactions between customers and the illusioneers. Conflicting terms and conditions of the customer are only effective if they are expressly recognized in writing by the illusioneers. Deviating or supplementary agreements must also be in writing. Should individual provisions of these terms and conditions be ineffective, this does not affect the validity of the remaining provisions based on the concluded contracts. The ineffective provision is to be replaced by an effective one that comes closest in meaning and purpose.
The offers of the illusioneers are non-binding. Orders shall only be deemed to have been accepted once the illusioneers have given their written approval of the order, unless the illusioneers implicitly accept the order by taking action on the basis of the order.
All services provided by the illusioneers that are not expressly covered by the agreed fee will be remunerated separately. This applies in particular to ancillary services provided by the illusioneers. Cash expenses that go beyond normal business operations, such as courier services, extraordinary shipping costs or travel, are to be reimbursed by the customer.
If the illusioneers have provided a cost estimate for the order and it becomes apparent that the costs have been exceeded in the course of the work, the customer will be informed of this in writing . The cost overrun is deemed to have been approved by the customer if the customer does not object in writing within three days of receipt of the notification and at the same time announce cheaper alternatives Remuneration according to the legal regulations.
By paying this fee, the customer does not acquire any rights. Instead, concepts, drafts and the like that are not executed are to be returned immediately to the illusioneers and all rights to these works remain with the illusioneers - and departure times, set-up and dismantling, and a one-hour break. The working hours for all other services are 8 hours and include a one-hour break.
Unless otherwise expressly agreed, creative services remain the property of the illusioneers. The customer is not entitled to use these - in whatever form - beyond the agreed scope of services, in particular to change them or have them changed by third parties. The customer is responsible for ensuring that the material supplied by him is not encumbered with third-party rights or .that the contractual processing of the material supplied by the illusioneers is within the scope of the rights of use granted by the third party.
The customer therefore releases illusioneers from any claims by third parties due to infringement of copyrights, related property rights, personal rights and industrial property rights. The costs of appropriate legal defense and prosecution incurred by the illusioneers in this regard shall be borne by the customer.
If stock material is used, the customer is responsible for purchasing and licensing – unless otherwise agreed in writing. If the illusioneers buy the stock material on behalf of the customer, the customer reimburses the costs plus a processing fee of 20% of the net price.
As the authors of their works, the illusioneers have the right to sign their film work in the opening and/or closing credits with a graphic animation. In addition to all moving image productions, this also applies to concepts and all other products and services. The illusioneers are named by the client in the so-called credits according to their performance upon publication, especially when submitting to awards and festivals, and linked to their website www.illusioneers.studio.
The customer acquires the right of use specified in the order confirmation. The acquisition of additional rights of use requires a separate agreement. The illusioneers reserve a non-exclusive right of use, unrestricted in terms of time, space and content, to the results and excerpts from the development process created within the framework of the project for the purpose of advertising, demonstration, training and customer acquisition.
The editing right is owned by the illusioneers. It is possible to acquire editing rights, but this must be expressly mentioned in the order confirmation. The acquisition of raw material, render data and post-production project data requires a separate agreement.
The illusioneers endeavor to keep to the agreed dates exactly. However, failure to meet the deadlines only entitles the customer to assert the statutory rights to which he is entitled if he has granted the illusioneers a grace period of 14 days.
This period begins with the receipt of a reminder letter to the illusioneers. The above regulation does not apply to fixed dates, whereby the customer must expressly identify fixed dates as such to the illusioneers.
If the illusioneers owe a certain work success, i. H. a work that can be customized (e.g. draft), the customer is obliged to accept it. Acceptance is deemed to have taken place if it is not declared or refused within seven days of delivery, provided that the work result essentially corresponds to the agreements.
If there are significant deviations, the illusioneers will eliminate these deviations within a reasonable period of time and submit the work result for acceptance again . Acceptance is deemed to have taken place at the latest upon payment or use of the work. Unless otherwise agreed, a correction loop is included. The corrections must correspond to the commissioned concept and should not bring any new approaches or ideas with them. All further corrections after this included acceptance loop will be charged separately.
The illusioneers are liable in the case of intent and gross negligence in accordance with the statutory provisions. However, the limitation period for claims due to a defect is limited to one year. In the case of slight negligence, the illusioneers and their vicarious agents are only liable if an essential contractual obligation (cardinal obligation) is violated or there is a case of default or impossibility Liability due to slight negligence is limited to the liability of the illusioneers and their vicarious agents and vicarious agents for breach of duty and tort as well as for claims for reimbursement of wasted expenses to such damages that are foreseeable or typical.
The aforementioned limitations of liability and the shortened warranty obligation do not apply to the lack of guaranteed properties, for cases of fraudulent intent, for injury to life, limb or health, for defects in title and for liability under the Product Liability Act. Because of errors and printing or transmission errors that are not our fault, which entitle the illusioneers to challenge, the customer cannot claim damages as a result of the challenge.
Invoices from the illusioneers are due immediately and without any deductions from the invoice date, unless otherwise agreed. If there is no agreement to the contrary and if the payment amount is not received by the illusioneers within max 14 days (or as claimed on the invoice) of receipt of the invoice, the customer is in default.
Default interest of 15% p.a. is agreed as of the onset of default. In the event of the customer defaulting on payment, the illusioneers are entitled to withhold their performance if they have notified the customer of this in writing, omitting an eight-day grace period.
Apart from that, the legal rights due to default of payment remain unaffected. An advance payment of 50% of the contract amount is to be made upon conclusion of the contract. The illusioneers are also entitled to submit partial invoices. The customer may only offset undisputed or legally established claims or assert a right of retention.
All information and documents made available to the customer in connection with the order, as well as illustrations and reproduction material produced or procured by the illusioneers for the execution of the order (e.g. printing documents such as typesetting, photos, cutting dies, lithographs, films, Tools, electronic files, etc. including undelivered drafts and backup copies) are to be treated as strictly confidential - even after the end of the order, even if the order is not executed.
The customer has this confidentiality obligation with the execution of the to impose this in writing on employees, subcontractors, etc. involved in the order, insofar as this is necessary to ensure confidentiality.
The law of the Federal Republic of Germany shall apply exclusively to the legal relationship between the customer and the illusioneers. The place of jurisdiction for all disputes between the customer who is a merchant and the illusioneers is the illusioneers's registered office.