General Terms and Conditions of KG Media Factory GmbH and KG Media Factory Rhein-Main GmbH for orders for film productions and journalistic or generally creative work.
The following terms and conditions govern the contractual relationship between the client or supplier and KG Media Factory. An explicit reference to these terms and conditions is not required. Any general terms and conditions of the client or supplier are hereby expressly contradicted, insofar as they contradict the following terms and conditions.
The client specifies the task on the basis of which the planning for the fulfillment of this task is carried out. KG Media Factory can then prepare a written concept. Unless otherwise agreed upon by the contracting parties, written concepts are to be paid for. If written concepts are created in the course of a contract initiation, they are to be remunerated even if the order is not placed, unless otherwise agreed. The contractually agreed price shall include all production costs, including a master copy, as well as the granting of rights to the film work or journalistic, creative work, such as text, concept, contribution or treatment, to the extent provided for in Section 8 "Copyrights, exploitation rights".
The client is obligated to support KG Media Factory in the production free of charge with all means at his disposal. In particular, all information necessary for the production must be made available to KG Media Factory and its employees. If the use of the client’s premises is necessary for the execution of the order, the client must guarantee KG Media Factory and its employees access to these premises. KG Media Factory must be given the name of a contact person authorized to make decisions in connection with the execution of the order, at the latest when the order is placed in writing. In particular, this contact person is authorized to make legally effective declarations regarding any production extensions, changes to the production goal or production dates, and any resulting additional expenses.
The prices quoted or agreed upon by KG Media Factory in the offer are subject to the proviso that the order data on which the offer and any written concept are based remain unchanged according to item 1. Our price quotations are in Euro plus the statutory VAT. The client is entitled to demand changes to the content and scope of the production. This also applies to parts already produced and delivered. If changes lead to a delay in time or additional expenses, or render useless preliminary services already rendered, and if this is not only insignificant in each case, KG Media Factory will inform the contact person with decision-making authority named under point 2 of the expected extent of the delay and additional expenses. If the contracting parties do not agree on a reasonable adjustment of this contract, KG Media Factory is entitled to reject the request for change. A written supplementary agreement must be made regarding all changes in services prior to the start of execution, in which, in particular, additional compensation and changes in the time schedule are to be recorded. For the production, the costs amount to the amount stated in the contract or order plus the statutory value-added tax. The fee does not include (if not explicitly listed): Reproductions, Any foreign language versions, Travel expenses: Travel must be coordinated with the client in advance. Travel expenses will be charged according to tax rates. Standard conversions from German to international television standards (NTSC, SECAM). Music rights (Gema and publishing fees) License costs for e.g. photos.
All delivery times and dates given by KG Media Factory are non-binding, unless they are explicitly stated as binding in writing by KG Media Factory. KG Media Factory will make every effort to meet all deadlines. If KG Media Factory waits for cooperation or information from the client, or if the execution of the order is hindered due to force majeure or due to a strike or lockout at the client’s site or other circumstances beyond KG Media Factory’s control, the delivery times and deadlines are considered extended by the duration of the hindrance and by a reasonable start-up time after the end of the hindrance. KG Media Factory will immediately inform the client of the hindrance.
Acceptance shall take place after execution of the order. A record of the acceptance shall be drawn up and signed by both parties to the contract. If the customer has any change requests, these shall be recorded in the minutes. Any additional expenses for these changes shall be charged additionally in accordance with Clause 3.
Payments shall become due upon invoicing and, unless otherwise agreed, shall be made within 14 days of invoicing at the latest. If a payment term is agreed upon, the customer guarantees that the payment will be received by KG Media Factory by the day the payment term expires.
If no special agreement has been made, payment of supplier invoices will be made within 45 calendar days after receipt of invoice without deduction. Payment is subject to invoice verification. If KG Media Factory places an order with a supplier, the respective order volume and the contractually agreed price for it will always include all production costs, including a master copy, as well as the granting of rights to the film work or journalistic, creative work such as text, concept, design, contribution or treatment of the supplier to the extent provided for in point 8 "Copyrights, exploitation rights". Therefore, no further fee and/or remuneration agreement is required for the granting or transfer of rights to KG Media Factory.
Until the fulfillment of all claims arising from the contract, the (partial) services provided by KG Media Factory remain the property of KG Media Factory (retention of title). In the course of the transfer of rights of use and exploitation of images or music obtained from third parties, the client will be informed by KG Media Factory about the scope of the rights of use and exploitation. From the moment of the transfer of these rights of use and exploitation, the client is exclusively liable for possible violations of the rights of use. Films, pictures, graphics and/or texts delivered by KG Media Factory are protected by copyright and are available to the contracting party for the duration of the agreement and for the agreed purposes. Any further use, duplication or modification is only allowed with written permission from KG Media Factory. The aforementioned regulation regarding the granting or transfer of rights applies in the same way to suppliers of KG Media Factory, if copyrights, rights of use and/or exploitation arise in the course of the supplier’s performance.
The client must immediately inform KG Media Factory in writing of any defects that occur. KG Media Factory’s warranty is governed by the rules of the German Civil Code (BGB) regarding the contract for work and services.
The client must ensure sufficient insurance coverage for all items handed over to KG Media Factory. KG Media Factory does not provide insurance for these items.
Both contracting parties are obligated to maintain confidentiality regarding information received in connection with the execution of the order, as long as this information has not already been made public. This also applies to employees or other third parties involved.
KG Media Factory has the right to list services rendered for the client as a reference and to include the client in its reference list. KG Media Factory has the right to use the finished production for demonstration purposes.
The place of fulfillment for the mutually owed services is the location of the client. The exclusive factual and local place of jurisdiction for KG Media Factory is Munich. The exclusive factual and local place of jurisdiction of KG Media Factory Rhein-Main GmbH is Frankfurt am Main.