I. Validity

  1. The following general terms and conditions of delivery and business (hereinafter referred to as GTC) shall apply to all orders, offers, deliveries and services carried out by Foto Sprey GmbH.
  2. They shall be deemed to have been agreed upon with the customer’s acceptance of the delivery of the service or the offer of Foto Sprey GmbH, at the latest, however, with the acceptance of the photographic material for publication.
  3. If the customer wishes to object to the GTC, this must be declared in writing within three working days. Any deviating terms and conditions of the customer are hereby rejected. Deviating terms and conditions of the customer shall not be valid unless Foto Sprey GmbH accepts them in writing.
  4. Within the scope of an ongoing business relationship, the GTC shall also apply to all future orders, offers, deliveries and services of Foto Sprey GmbH, even without express inclusion, unless expressly agreed otherwise.

II. contract production

  1. As far as the company Foto Sprey GmbH provides cost estimates, these are non-binding. If cost increases occur during production, these are only to be reported by Foto Sprey GmbH if it becomes apparent that an overrun of the originally estimated total costs by more than 15% is to be expected as a result. If the scheduled production time is exceeded for reasons for which Foto Sprey GmbH is not responsible, additional remuneration is to be paid on the basis of the agreed time fee or in the form of an appropriate increase in the flat fee.
  2. Foto Sprey GmbH is entitled to commission services from third parties that must be purchased to carry out the production in the name of and with authority and for the account of the customer.
  3. Unless otherwise agreed, the photographs and prints submitted to the customer for acceptance after completion of production will be selected by Foto Sprey GmbH.
  4. If Foto Sprey GmbH has not received any written notice of defects within two weeks after delivery of the photographs, the photographs shall be deemed to have been accepted in accordance with the contract and free of defects.

III. surrendered image/print/media products (here generally referred to as media)

  1. The GTC apply to any media provided to the customer, regardless of the creative stage or technical form. They apply in particular to products transmitted electronically or digitally.
  2. The customer acknowledges that the media delivered by Foto Sprey GmbH are copyrighted works within the meaning of § 2 para. 1 item. 5 Copyright Act.
  3. Design proposals or conceptions commissioned by the customer are independent services that are to be remunerated.
  4. The media provided remain the property of Foto Sprey GmbH, even in the event that compensation is paid for them.
  5. Complaints concerning the content of the delivered consignment or the content, quality or condition of the material must be notified within two weeks of receipt. Otherwise, the media shall be deemed to have been received properly, in accordance with the contract and as recorded.

IV. Rights of use

  1. In principle, the customer acquires a simple right of use for utilization, irrespective of the purpose and duration of use.
  2. Exclusive rights of use, exclusive rights or blocking periods must be agreed separately and require a surcharge of at least 100% on the respective basic fee.
  3. Model fees depend on the purpose of use. Unless otherwise agreed and noted on the invoice, the period of use for media with model is one year from the beginning of the paid invoice. Use is limited to print and web.
  4. Any use, exploitation, duplication, dissemination, publication or disclosure to third parties beyond the scope of Section 3 is subject to a fee and requires the prior express consent of the model by Foto Sprey GmbH.
  5. The customer is not entitled to transfer the rights of use granted to him in whole or in part to third parties, including other group companies or subsidiaries. Any use, reproduction or transmission of the media is only permitted on condition that the copyright notice provided by Foto Sprey GmbH is affixed in a doubtless assignment to the respective medium.
  6. The granting of the rights of use is subject to the condition precedent of full payment of all payment claims of Foto Sprey GmbH arising from the respective contractual relationship.

V. Liability

  1. Foto Sprey GmbH assumes no liability for the infringement of rights of depicted persons or objects unless an appropriately signed release form is enclosed. The acquisition of rights of use beyond the photographic copyright, e.g. for depicted works of fine or applied art, as well as the obtaining of publication permits from collections, museums, etc. is the responsibility of the customer.
  2. From the time of proper delivery of the photographic material, the customer is responsible for its proper use.

VI. fees

  1. The agreed fee applies. The fee does not include of the respectively valid value added tax.
  2. The agreed fee covers the use of the media for the agreed purpose in accordance with the terms of the agreement. Digit. IV. 1 – 4 compensated.
  3. Costs and expenses incurred by the order, model fees, costs for additionally required props, travel costs, required expenses are not included in the fee and shall be borne by the customer.
  4. The fee claim is due upon delivery of the media. If a production is delivered in parts, the corresponding partial fee is due with the respective delivery. Foto Sprey GmbH is entitled to demand partial payments for production orders according to the respective scope of services rendered.
  5. The fee acc. VI. 1. GTC shall be paid in full even if the media commissioned and supplied have not been published or used.
  6. A set-off or the exercise of the right of retention is only permissible with undisputed or legally established claims of the customer.

VII. availability of the media

  1. All media are archived as digital data for two years on the in-house server system. The invoice date applies. The company Foto Sprey GmbH is not liable for the existence and/or the possibility of a renewed delivery of the data after the expiration of these two years.

VIII. Contractual penalty, damages

  1. In the event of any unauthorized (without the consent of Foto Sprey GmbH) use, utilization, reproduction or transfer of the media, a contractual penalty in the amount of five times the utilization fee shall be paid for each individual case, subject to further claims for damages.

IX. General

  1. The law of the Federal Republic of Germany shall apply as agreed, even for deliveries abroad.
  2. Ancillary agreements to the contract or to these GTC must be in writing to be effective.
  3. The possible invalidity or ineffectiveness of one or more provisions of these GTC shall not affect the effectiveness of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision that comes closest in economic and legal terms to the intended provision.
  4. If the customer is a registered trader, the place of performance and jurisdiction is the domicile of Foto Sprey GmbH.