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1.1
These General Terms and Conditions (GTC) apply to all orders, offers, deliveries and services carried out by immotrailer - Streetsmart Consulting & Investment GmbH (hereinafter "immotrailer"). They apply to every creative phase and in particular to digitally generated products.
1.2
They are considered agreed upon with the receipt of the offer or the acceptance of the offer from immotrailer by the customer or with the acceptance of the delivery or service from immotrailer by the customer.
1.3
In the context of an ongoing business relationship, the GTC shall apply to all future orders, offers, deliveries or services of immotrailer even without express approval.
2.1
Unless otherwise agreed between the parties, the organization of the work is at the discretion of immotrailer.
2.2
During the execution of the work, immotrailer may use assistants of its choice (cameramen, assistants, make-up artists, stylists, etc.).
2.3
The customer acknowledges that the image and sound material supplied by immotrailer are copyrighted works within the meaning of the Copyright Act of October 9, 1992.
2.4
Design proposals or concepts commissioned by the client are independent services for which remuneration is payable.
2.5
Digitally produced images and videos, in particular RAW files, remain the property of immotrailer. The customer has no right of retention to the image material provided.
2.6
The customer must treat the image material provided to him with all due care.
2.7
Complaints concerning the content, quality or condition of the photographic material must be made within 10 working days of receipt. Otherwise the photographic material shall be deemed to have been approved.
2.8
The customer is responsible for ensuring that the persons, objects and locations required to carry out the order are available or accessible.
2.9
If the customer does not fulfill the obligation (according to section 2.8) or postpones a recording session less than 48 hours before the deadline, he is liable for reimbursement of the costs already incurred and third-party costs. In addition, immotrailer is entitled to compensation amounting to 50% of the agreed fee for the recording session. If the cancellation is made less than 24 hours before the appointment, immotrailer is entitled to 100% of the agreed fee.
2.10
It is not immotrailer's responsibility to obtain the consent (model release) of the persons to be recorded or the persons authorized at the location (location release) for the planned use of the image material if the customer has designated the persons or locations to be recorded.
2.11
immotrailer may cite the customer and the work carried out for the customer as a reference, namely in written or electronic form (website, social media).
2.12
If an offer is not accepted, but the concept developed by immotrailer and thus the service provided is implemented with a third party, immotrailer reserves the right to charge an hourly rate of CHF 225.00 for the work performed up to a maximum of 4 hours.
3.1
Upon delivery and payment of the work, the customer acquires a license to use the work within the agreed scope. This does not include any further licensing by the customer to third parties.
3.2
In the event of use contrary to the agreement, the customer is obliged to pay immotrailer a usage license.
3.3
immotrailer may use the image material for its own advertising.
3.4
If immotrailer uses the image material for its own purposes, immotrailer shall ensure that no third-party rights are infringed by the depiction of persons, objects or places.
3.5
Exclusive rights and blocking periods in favor of the customer must be agreed and remunerated separately.
3.6
Changes to the image material through analog or digital composing or montage to produce a new copyrighted work are only permitted with the prior written consent of immotrailer.
3.7
The image material may not be copied, photographed or filmed.
3.8
If the work is used for purposes other than the usual purpose, the customer must ensure that the name is appropriately mentioned.
3.9
immotrailer archives the complete material (raw data, edited data, soundtracks, logos and graphics etc.) for a period of at least 12 months. immotrailer reserves the right to delete the data after this period has expired. The client may request a longer period. immotrailer reserves the right to charge a flat rate of CHF 180 net per year for further storage.
4.1.
immotrailer is only liable for intentional and grossly negligent behavior. This also applies to liability for defects.
4.2.
The limitation of liability (in accordance with section 4.1) also applies to the conduct of immotrailer employees and auxiliary persons.
4.3
In the event of claims against immotrailer by third parties who have given the customer their consent to the use of the image material (in accordance with section 2.10), the customer shall assume claims for damages and legal costs in the event of a dispute.
4.4.
The image material may not be used in a way that distorts the meaning. The customer is also responsible for the correct wording of the image material.
5.1
Unless otherwise agreed, the fee agreed between the parties shall be payable within 10 days of invoicing or before the start of production.
5.2
Unless otherwise stated or agreed, all prices quoted in offers are exclusive of VAT. VAT is due upon invoicing.
5.3
In the case of extensive productions, in particular with large advance payments by immotrailer, immotrailer is entitled to an advance payment of at least 50% of the production costs or as agreed.
5.4
Costs and expenses necessary for the execution of the order, such as fees for assistants and actors as well as fees for the rental of equipment and studio, recording locations, props, travel costs, expenses, drone permits, etc. are not included in the fee and shall be borne by the client.
5.5
The fee shall be paid in full even if the image material ordered and supplied is not used by the customer.
5.6
If image material from the immotrailer archive is supplied, an archive usage fee may be charged in addition to the license fee.
6.1
The exclusive place of jurisdiction and place of performance is Zug. This contractual relationship shall be governed by Swiss substantive law.
6.2.
Mandatory places of jurisdiction remain reserved.
Status: 21.01.2022