§ 1 General
1. These Terms and Conditions apply to all current and future business relations.
2. Any different, additional or conflicting Terms and Conditions will not become part of the contract except it is explicitly stated.
§ 2 Placing an order
1. By placing an order the client bindingly confirms that he enters into the contract.
2. If an ordered service is not available the client will be informed immediately. Any payments made upfront will be reimbursed.
§ 3 Ceded images
1. These T&C include any ceded images independent of the level of completion and the technical format and explicitily include electronically or digitally delivered images.
2. The Customer accepts that material delivered by the agency is protected by German (§ 2 Abs.1 Ziff.5 Urheberrechtsgesetz) and international Copyright.
3. The ceded material remains in the ownership of the photographer.
4. Any complaints about content, quality of the ceded material have to be filed within 2 weeks after receiving the material and/or work. Otherwise the material/work is to be understood as received as ordered.
§ 4 Using the material
1. The Customer purchases the non-exclusive right for commercial use starting at the receipt of the material.
The right to use the material is limited to one project without limitations for the usage in different types of media.
2. The delivery only transfers the right to use the material for the given purpose.
3. Any other use exceeding the use mentioned above like selling, distribution or any other way of publishing requires additional purchases and has to be agreed to by the agency.
4. It is not allowed
– to add the images/data to any kind of online database and/or electronical archive
– to pass on the digital materials in any way that allows to broadcast the images and enables others to make hard copies.
§ 5 Reliability
1. Automotive backplate is only reliable for getting the consent of shown people and objects if this is explicitliy agreed to. The acquisition of additional rights to use including getting the permission to publish form collections and museums lies in the responibility of the customer
Automotive backplate is not responsible if a person shown in an image doesn’t agree to the publication of the image in certain circumstances. To avoid legal cases we strongly recommend to get the consent of any people prior tot he publication.
Without prior agreement by the agency it is not allowed to use the image/material
a) in any direct or indirect connection with products, natural or legal entities that have not agreed to the use prior to the publication,
b) to defame products, natural or legal entities,
c) in any relation to sensible topics (but not limited tot he given) like missuse of drugs, any kind of radicalism or glorification of violence,
d) for pornographic or illegal purposes
The customer is reliable for any text and context that is resulting from the actual publication.
2. For any shortcomings of the images/material we have the choice to correct the shortcoming or replace the product.
If this correction fails the customer can request to lower the price or step back from the contract. If the shortcomings are only little the customer doesn’t have the right to step back from the contract.
Obvious shortcomings must be flagged within 2 weeks after receiving the images/materials. After this period it will not be able to claim this warranty.
The date of filing the complaint will secure this period. It ist he customers responsibility to prove the shortcoming as well as filing date.
If the customer choses to step back from the contract after a correction failed then he doesn’t have any further right to claim warranties in this case.
§ 6 Limitation of liability
1. In cases of slightly careless breaches of duty we limit our liability of the typical, predictable direct damage. This includes slightly careless breaches by our legal representatives and assistants
We willnot accept warranty claims for cases of slightly careless breaches of duty of negligible duties of this contract.
2. This does not include any warranty claims of the customer for the product warranty nor any damage to the health or loss of life of the customer caused by us.
3. Automotive Backplate doesn’t give any warranty neither explicity nor implicitly in in any way that the images/materials can be used/marketed for a certain purpose. Except for the warranty that can’t be limited it shall not be possible to make automotive backplate reliable for any warranty claims, loss of profit, additional costs or any other losses if if Automotive Backplate has been informed about the possibility of the loss of profit, additional costs or any other losses.
§ 7 Fees
1. The fee is as agreed to. In addition VAT has to be applied.
2. The fee is only for a single usage of the material as described above. If any additional usage shall be included this as to be agreed to in a written manner.
3. The fee hast o be paid even if the delivered material doesn’t get published.
4. Summation and compensation are only allowed for indisputable, unquestioned or as final and absolute established warranty claims of by the customer.
§ 8 Final clause
1. This contract is based on the law of the Federal Republic of Germany only.
2. Exclusive jurisdiction is Wiesbaden, Germany.
3. If any provision of this Agreement is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.
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