General Terms and Conditions (GTC)

I. Scope of Application / Entrepreneur Status (B2B)

(1) These General Terms and Conditions apply to all contracts between Savoy Film Productions GbR (hereinafter referred to as the “Contractor”) and its clients.
(2) The Contractor’s services are directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Contracts with consumers within the meaning of Section 13 BGB are expressly excluded.
(3) Any conflicting or deviating terms and conditions of the Client shall not become part of the contract unless their validity has been expressly agreed to in writing.

II. Subject Matter of the Contract

(1) The subject matter of the contract is the conception, planning, organisation, production and/or post-production of video, film and media content as well as related services.
(2) The specific scope of services results from the respective offer, contract or written order confirmation.

III. Conclusion of Contract

(1) Offers made by the Contractor are non-binding.
(2) A contract is concluded upon written commissioning (email sufficient), countersigning of an offer or payment of the agreed advance payment.

IV. Client’s Obligations to Cooperate

(1) The Client shall provide all content, information, approvals and decisions required for the performance of the services in a timely manner.
(2) Delays or additional expenses resulting from missing or delayed cooperation by the Client shall not be borne by the Contractor and may be charged separately.

V. Remuneration, Payment Terms & Non-Refundable Advance Payment

(1) All prices are stated net and are subject to the applicable statutory value added tax.
(2) Upon conclusion of the contract, a non-refundable advance payment of 50% of the agreed total contract value shall be due, unless otherwise agreed in the offer or contract.
(3) The advance payment is due immediately and is a prerequisite for binding date reservation, project planning and the commencement of preparatory services (in particular conception, project organisation, production planning, personnel and equipment scheduling).
(4) The advance payment is non-refundable.
This applies regardless of the reason for which the Client terminates the contract, does not make use of the services or withdraws from the contract.
(5) In the event of termination or cancellation by the Client, all payments made up to that point — in particular the advance payment — shall be forfeited in full and without refund.
(6) The Contractor expressly reserves the right to claim proven costs incurred beyond the advance payment as well as further damages, insofar as these exceed the amount of the advance payment.
(7) The parties agree that the advance payment does not constitute a contractual penalty, but rather represents reasonable remuneration for services already rendered and preparatory services as well as the exclusive reservation of production capacities.

VI. Date Reservation

(1) Production and shooting dates shall only be deemed binding once the advance payment has been received in full.
(2) Without receipt of payment, there is no entitlement to date reservation or service provision.

VII. Termination / Cancellation by the Client

(1) Any termination or cancellation must be made in written form (email sufficient).
(2) The provisions regarding the advance payment pursuant to Section V of these GTC shall apply accordingly.
(3) Services already rendered shall be remunerated in full.

VIII. Changes to Services & Additional Services

(1) Requests for changes or extensions after project commencement require written agreement.
(2) Additional services shall be remunerated separately unless expressly included in the original offer.

IX. Acceptance

(1) The Client is obliged to inspect the delivered services without undue delay after completion.
(2) If no written notice of defects is received within seven (7) working days after delivery, the services shall be deemed accepted.
(3) Minor defects do not entitle the Client to refuse acceptance.

X. Revisions

(1) Unless otherwise agreed, a maximum of two revision rounds are included in the scope of services.
(2) Any further revisions or modifications shall be charged separately.

XI. Rights of Use

(1) Rights of use shall be granted only after full payment of all contractually owed remuneration.
(2) The scope, duration and territorial extent of the rights of use shall be governed by the respective contract or offer.
(3) The Contractor is entitled to use the produced material for reference and self-promotional purposes unless otherwise agreed in writing.

XII. Liability

(1) The Contractor shall be liable exclusively in cases of intent and gross negligence.
(2) In cases of slight negligence, the Contractor shall only be liable for the breach of essential contractual obligations and limited to the foreseeable, typical damage.
(3) Liability for loss of profit, production downtime or indirect damages is excluded.

XIII. Force Majeure

(1) Events of force majeure (e.g. illness, accident, extreme weather conditions, technical failures, strikes, official orders) shall release the Contractor from the obligation to perform for the duration of such event.
(2) Payments already made, in particular advance payments, shall not be refunded in such cases.

XIV. Confidentiality

Both parties undertake to treat all non-public information confidentially.

XV. Final Provisions

(1) Any side agreements, assurances or amendments to these GTC must be made in writing to be effective. Verbal agreements shall not exist.
(2) The laws of the Federal Republic of Germany shall apply exclusively.
(3) The place of jurisdiction shall be — insofar as legally permissible — the registered office of the Contractor.
(4) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
(5) By placing an order, the Client expressly acknowledges and accepts these General Terms and Conditions.