shot2motion GbR with Nathalie Naceur and Sören Jeßner
Kapellenstraße 14, 04315 Leipzig in Germany
Represented by:
Soeren Jessner and Nathalie Naceur
(1) These Terms and Conditions (T&C) apply to all agreements between shot2motion GbR with Nathalie Naceur and Sören Jeßner, Kapellenstraße 14, 04315 Leipzig, Germany (hereinafter referred to as the Contractor), and its business clients (hereinafter referred to as the Client).
(2) These T&C apply exclusively to business entities within the meaning of §14 of the German Civil Code (BGB).
(3) Any terms and conditions of the Client that differ from or conflict with these T&C shall only apply if expressly confirmed in writing by the Contractor.
(4) Changes to these Terms and Conditions will be communicated to the customer in writing or by email. If the customer does not object to a change within four weeks of receiving the notification of the change, the changes will be deemed accepted. The contractor will specifically inform the customer of the legal consequences of non-compliance at the beginning of the period.
(1) All intellectual property rights of the Contractor – including but not limited to proposals, concepts, ideas, strategies, presentations, calculations, storyboards, sketches, drafts, texts, layouts, and plans – remain the sole property of the Contractor.
(2) Such materials and concepts are to be treated as confidential and may not be disclosed to third parties, copied, or used without the Contractor’s written consent.
(3) If no contract is awarded based on a concept or idea provided by the Contractor, these materials may not be used or implemented without prior written approval.
(4) In the event of unauthorized use, the Contractor is entitled to claim reasonable compensation or damages.
(5) Upon request, unused materials shall be returned or permanently deleted.
(1) The Contractor provides services in the fields of video production, content creation, social media marketing, photography, and online campaigns.
(2) The specific scope of services is defined in the respective offer or project agreement.
(3) The Contractor retains artistic and technical freedom in execution unless otherwise agreed.
(4) All offers by the Contractor are non-binding and subject to change.
(5) A contract is only deemed concluded upon written or email confirmation by the Contractor.
(6) Verbal agreements are binding only if confirmed in writing.
(1) The Client shall provide all necessary information, materials, access, and approvals required for the production in due time.
(2) The Client is solely responsible for the factual and legal accuracy of all information provided, in particular regarding product, brand, or advertising claims.
(3) The Contractor is not liable for any infringements of copyright, trademark, or competition law resulting from Client-provided content or instructions.
(4) Delays caused by the Client’s failure to cooperate may result in extended delivery times and additional costs.
(1) Unless otherwise agreed, the following payment terms apply:
50% deposit upon commissioning
50% balance after project approval or no later than 14 days after delivery.
(2) All prices are net and subject to applicable VAT (where legally required).
(3) Travel and accommodation expenses will be charged separately unless explicitly included in the offer.
(4) Costs for actors, voice-over artists, music, and license fees will be charged separately unless stated otherwise in the offer.
(5) In the event of delayed payment, the Contractor may charge interest at a rate of 9 percentage points above the applicable base interest rate.
(6) Offsetting or retention rights are permitted only for undisputed or legally established claims.
(1) Delivery shall be made digitally (e.g., via download link or cloud access).
(2) The Client must review and accept the delivered work within 10 calendar days.
(3) If no written feedback is received within this period, the work is deemed accepted.
(4) Acceptance is also deemed granted once the Client publishes, shares, or otherwise uses the delivered work.
(5) The Contractor will store project files for six (6) months after acceptance. After that, files may be deleted. Extended storage requires a separate agreement.
(6) Retrieval of archived or deleted data (if available) will incur an additional service fee.
(7) Delivery dates are binding only if expressly confirmed as such.
(8) Events of force majeure or unforeseeable circumstances (e.g., illness, technical failure, weather conditions) reasonably extend agreed delivery timelines.
(1) All copyrights and related rights remain with the Contractor.
(2) Upon full payment, the Client receives a non-exclusive, non-transferable right of use for the purpose and duration specified in the offer (by default: 12 months from acceptance).
(3) Any further use requires a separate license agreement.
(4) Raw data or unedited footage will only be provided if explicitly agreed upon and against additional compensation.
(5) The Client may not sublicense, transfer, or modify the work without written consent from the Contractor.
(6) The Contractor may use the produced work or excerpts thereof for self-promotion (e.g., website, showreel, social media) unless the Client objects in writing.
(1) Unless otherwise stated, one (1) round of revisions is included in the agreed price.
(2) Any further changes, new edits, or additional services will be billed separately based on actual effort.
(3) Requests made after project completion shall be treated as a new assignment.
(1) The Contractor warrants that the delivered work complies with the agreed specifications.
(2) The warranty period is one (1) year from acceptance.
(3) The Contractor shall be liable only for intent or gross negligence. In cases of slight negligence, liability is limited to breaches of essential contractual obligations and to the typical, foreseeable damage.
(4) The Contractor shall not be liable for indirect or consequential damages, loss of profit, or data loss, unless caused by intent or gross negligence.
(5) The Client is responsible for ensuring that the materials produced comply with applicable laws and regulations, provided the Contractor acted in accordance with the Client’s instructions.
(1) If the Client terminates the contract before completion, the Contractor is entitled to invoice the value of all services rendered up to that point and 50% of the remaining contract amount as compensation for expenses.
(2) The Client retains the right to prove that a lower loss has occurred.
(3) Cancellations or terminations must be made in writing.
Personal data will be processed in accordance with applicable data protection laws and only for the purpose of fulfilling the contract.
Further information: https://globebirds.com/datenschutz
(1) Both parties agree to maintain strict confidentiality regarding all information, documents, and business secrets disclosed during the collaboration.
(2) The Contractor shall not disclose or use any client-related information, strategies, or content beyond the agreed project scope.
(3) The Client agrees not to directly engage or solicit employees, freelancers, or partners of the Contractor during the collaboration and for a period of 12 months after termination of the agreement.
(4) These confidentiality obligations remain in effect after the end of the contract.
(1) The contracting parties agree that all legal relationships arising from and in connection with this contractual relationship shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive – including international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of the contractor’s branch.
(2) The place of performance shall be the Contractor’s registered business location, unless otherwise agreed.
(3) If any provision of these T&C is or becomes invalid, the remaining provisions shall remain unaffected.
