Terms & Conditions

All services provided by the contractor are generally offered as services.
If, in individual cases, the shipment of data carriers, documents or other physical items is agreed upon, the following applies:

- For entrepreneurs as defined in § 14 BGB Shipping is at the customer's risk as soon as the shipment has been handed over to the transport company.
- For consumers as defined in § 13 of the German Civil Code (BGB). The contractor bears the risk of loss or damage until delivery to the consumer or an authorized recipient.

This does not apply if the consumer has commissioned a transport company himself and the contractor has not previously named this transport company.

The client is the party who places the order in writing, orally, or electronically, even if the invoice is issued to a third party. The client is jointly and severally liable with the third party for fulfilling the payment obligation.

The contractor is not obligated to verify the authority of the client or any designated third party to act on their behalf. Any lack of authorization is the responsibility of the client.

1. All services provided by the contractor must be paid to the client immediately, but no later than [date]. within 7 working days after provisionThe documents must be checked for completeness and defects. Any complaints or requests for changes must be submitted in writing (e.g., by email) within this period.

2. The contractor will expressly inform the client of this upon delivery of the service.that If no response is received within the stated period, the service will be considered accepted and released. (Acceptance deemed to have occurred pursuant to Section 308 No. 5 of the German Civil Code).

3. If no objection or notification of changes is received within the deadline, the service is considered to have been provided. Accepted without defectsStatutory warranty rights in the case of hidden defects remain unaffected.

4. The contractor is not liable for damages or consequential damages resulting from the client's breach of their inspection obligations or from subsequently modifying the accepted services or using them in a context other than the approved one.

5. Deadlines for processing and production are given to the best of our knowledge and belief, but without guarantee. The contractor accepts no liability for delays caused by external service providers, copy shops, shipping companies, or similar third parties.

A binding contract is formed through one of the following actions:

– Submitting the upload form on the contractor's website,
– written or electronic acceptance of an offer (e.g. via email or WhatsApp),
– full or agreed partial payment of a previously issued invoice,
– or the submission of audio files for processing while simultaneously referring to these terms and conditions.

Payments are generally due in advance, 100% of the agreed fee. For invoices exceeding €201 net, a partial payment of at least 50% can be arranged at the client's express request. In this case, the contractor is entitled to postpone completion and delivery of the services until the remaining balance has been paid in full.

The client agrees that if payment is not received in full before completion, work may be paused for organizational reasons. Any deviating payment arrangements require the express written consent of the contractor.

Invoices are due immediately without deduction. Consumers are in default of payment no later than 7 days after receipt of the invoice if no payment is received (§ 286 para. 3 of the German Civil Code). After default of payment, the contractor is entitled to engage a debt collection agency to recover the outstanding amount. Further statutory consequences of default remain unaffected.

Consequences of unauthorized use before full payment

If the services provided are used, published, reproduced, or distributed before full payment without the express consent of the contractor, the contractor is entitled to a flat-rate usage fee of 10% of the agreed order amount to demand.

The compensation for use represents no penalty amount, but rather a lump-sum compensation for a typically occurring loss of use.

The client expressly reserves the right to prove that no damage or significantly less damage has occurred.
The contractor retains the right to prove exceptionally high damages, provided these would not be even remotely covered by the lump sum.

§ 3a Payment terms and price surcharges for non-advance payments

Notwithstanding Section 3, an individual payment deferral (e.g., 30, 60, or 90 days) may be agreed upon between the contractor and the client. In this case, a separate payment terms agreement will be made in written form (e.g., by email), which will also include an interest surcharge on the net invoice amount.

The agreement of a payment term is voluntary and requires the express consent of the client. The exact surcharge amount and the binding payment term will be confirmed in writing before the order is placed.

The following general conditions typically apply to business customers (B2B):

a) Effective annual interest rate surcharge: approx. 10–12% p.a. plus base interest rate
b) Monthly surcharge: approx. 0,8–1,0%
c) Example with €1.000 net:
– 30-day payment term: €1.020–€1.025
– 60-day payment term: €1.040–€1.050
– 90-day payment term: €1.060–€1.075

The following general conditions apply to private customers (B2C):

a) Effective annual interest rate surcharge: approx. 6–8% p.a. plus base interest rate
b) Monthly surcharge: approx. 0,5–0,7%
c) Example with €1.000 net:
– 30-day payment term: €1.015–€1.020
– 60-day payment term: €1.030–€1.040
– 90-day payment term: €1.045–€1.060

If a different payment term is agreed upon, the client is obligated to pay the full agreed total amount by the due date. If the client defaults on payment, all granted deferral benefits are forfeited and statutory default interest applies (Sections 286, 288 of the German Civil Code).

This regulation expressly states not a consumer loan agreement within the meaning of § 491 of the German Civil Code (BGB). rather than an individually and transparently agreed deferral agreement for a fee.

§ 3b Express processing / Rush orders

The contractor offers an optional, paid express processing service. This is an additional service and is not part of the regular scope of services.

Express processing can be requested via the upload form or in writing. There is no entitlement to express processing; acceptance is at the contractor's discretion after reviewing workload.

If accepted, a flat surcharge of 30% of the net invoice amount The surcharge is calculated. It is used for prioritized processing and internal restructuring of workflows.

Completion typically takes place within 1–3 working days after receipt of all necessary materials and payment. A binding delivery date requires written confirmation from the contractor.

If a confirmed express deadline cannot be met for reasons beyond the contractor's control (e.g., force majeure, technical malfunctions, incomplete documentation), the express surcharge will not apply. Regular processing times will then apply.

The client is obligated to provide all data and files required for express processing completely and on time. Delays due to incomplete materials, late payment, or subsequent change requests are the client's responsibility. In these cases, the express surcharge remains in effect.

§ 3c Preparatory services, project setup and reimbursement of expenses

Upon receipt of the order, the contractor shall provide preparatory and organizational services, in particular:

– Design and setup of the project system,
– technical review and examination of the provided files,
– formal project planning and scheduling,
– Communication, inquiries and invoicing.

These services are provided independently of the start of the creative or content-related processing of the audio service and constitute a separate, chargeable partial service.

This will be done after the order is placed. no payment, a Termination, Project cancellation or any other termination of the contractual relationship outside of a statutory right of withdrawal For reasons attributable to the client, the contractor is entitled to a lump-sum compensation for expenses incurred up to that point for the preparatory services rendered. 49 € gross to assert.

The client expressly reserves the right to prove that no costs or significantly less costs were incurred.

§ 3d Right of withdrawal for consumers

(1) Right of withdrawal

Consumers within the meaning of § 13 of the German Civil Code (BGB) have a statutory right of withdrawal in the case of distance contracts.

The consumer has the right to within 14 days to revoke this contract without giving reasons.
The cancellation period is 14 days from the date of conclusion of the contract.

To exercise the right of withdrawal, the consumer must inform the contractor (Peak-Studios) of their decision to withdraw from this contract by means of a clear statement (e.g., by email). To meet the deadline, it is sufficient for the notification to be sent before the withdrawal period expires.

(2) Consequences of the withdrawal

If the consumer cancels this contract, the contractor must refund all payments received from the consumer immediately and at the latest within 14 days to be repaid from the day on which the notification of cancellation was received by the contractor.

The same payment method used by the consumer for the original transaction will be used for this refund, unless expressly agreed otherwise.

(3) Premature commencement of the service and expiry of the right of withdrawal

If the consumer expressly requests that the contractor begin performing the commissioned service before the end of the withdrawal period, and simultaneously confirms his knowledge that his right of withdrawal upon complete fulfillment of the contract by the contractor If the right of withdrawal expires, it expires upon complete performance of the service in accordance with Section 356 Paragraph 4 of the German Civil Code (BGB).

The express consent to the early commencement of services and the acknowledgment of the expiry of the right of withdrawal are given separately, in particular via a checkbox in the upload form, upload-later form or as part of an acceptance of the offer in text form (e.g. by email or WhatsApp), and are confirmed to the consumer on a durable medium.

(4) Compensation for value in case of cancellation after commencement of services

If the consumer revokes the contract after requesting that the contractor begin performing the service before the end of the revocation period, the consumer must provide compensation for the value of the services rendered up to the revocation, provided that the legal requirements pursuant to Section 357 Paragraph 8 of the German Civil Code (BGB) are met.

The compensation is calculated based on the proportion of services rendered up to the point of cancellation in relation to the total scope of services agreed upon in the contract.

(5) Clarification regarding lump-sum reimbursement of expenses and further claims

In the event of a valid statutory right of withdrawal by a consumer, only the statutory provisions apply, in particular Section 357 Paragraph 8 of the German Civil Code (BGB). A flat-rate compensation for expenses will not be charged in this case, provided that the statutory requirements for compensation for value are not met.

This does not affect any further claims for compensation or damages.

(6) Model withdrawal form

The consumer may use the following template for the cancellation, but is not obliged to do so:

Refund Request Form Template
(If you wish to cancel the contract, please fill out this form and return it.)

– To: Peak-Studios, info@peak-studios.de
– I hereby revoke the contract I concluded for the provision of the following service:
– Ordered on:
– Consumer name:
– Consumer's address:
- Date
– Signature (only for notifications on paper)

1. The client assures that all content provided by him (in particular audio, text, image, sample or other media files) free from third-party rights are and do not infringe any copyright, performance rights, trademark, personality rights or other intellectual property rights.

2. The responsibility for the Clarification, obtaining and compensation of any third-party rights (e.g., when using copyrighted music, speech, samples, third-party content) solely at the client's premises.

3. The contractor is not obliged to check the legal admissibility of the content commissioned or materials supplied by the client.

4. The client provides the contractor from entitled indemnify against claims by third parties resulting from unlawful use, editing or publication of the content provided by the client.
   The indemnification includes, in particular, necessary court and legal fees, claims for damages, and necessary expenses for legal defense.
   
   The contractor will inform the client immediately of the assertion of corresponding claims and – insofar as reasonable – give him the opportunity for appropriate legal defense.

1. In the event of loss or damage to material provided by the client (e.g., audio or video media, data carriers, files), the contractor is liable in cases of slight negligence only up to the amount of the pure material value of the respective data carrier (e.g., a blank data carrier).
   
   
2. In cases of intent or gross negligence, the contractor is fully liable in accordance with statutory regulations.
   
   
3. The client is obligated to compensate for losses or damage to provided material. immediately upon becoming aware of it The client must notify the client in writing. If the client fails to provide immediate notification, this may lead to a limitation of liability in accordance with statutory provisions, insofar as the delayed notification has hindered the clarification of the facts or the mitigation of damages.
   
   
4. The foregoing limitations of liability do not apply to damages resulting from injury to life, body or health.
   
   
5. The client is liable for damage to third-party audio and video recordings that he entrusts to the contractor for processing, up to the value of the material of the respective carrier material, unless the damage was caused by intentional or grossly negligent conduct on the part of the contractor.

1. The client bears the risk for irreplaceable or difficult-to-replace audio, image, or other media files that he entrusts to the contractor for processing. The client is obligated to Make suitable backup copies before handover to manufacture the material or to take other precautionary measures (e.g. insurance).

2. For only mediated activities The contractor assumes responsibility for the acceptance or forwarding of deliveries, as well as the arrangement of speakers, performers or other third-party providers. no liability, since these services are not part of the main contractual service.

3. The contractor is not liable for delays, failures to perform, or errors caused by Third-party providers or external service providers are caused by events over which the contractor has no direct influence.

4. The foregoing disclaimers of liability do not apply., insofar as damage is caused by intentional or grossly negligent conduct caused by the contractor or where liability is mandatory under law.

1. The contractor is liable for damages – regardless of the legal basis - unlimited at Intent or gross negligence as well as in the event of damages arising from the Injury to life, body or health.

2. The slightly negligent breach of essential contractual obligations The contractor is liable for (cardinal obligations). limited to the typical, foreseeable damage under the contract.
   Essential contractual obligations are those obligations whose fulfillment is a prerequisite for the proper execution of the contract and on whose compliance the client may regularly rely.

3. The slightly negligent breach of non-essential ancillary duties The contractor's liability is excluded.

4. For delays caused by circumstances beyond the contractor's control not responsible (in particular force majeure, technical malfunctions outside the contractor's sphere of influence, delays caused by third-party service providers), the contractor shall not be liable.

5. Liability for indirect damages, in particular lost profits, missed savings or other consequential damages, is – to the extent permitted by law - excluded.

1. All copyrights and usage rights to the works created by the contractor remain with the contractor until full payment of the agreed remuneration at the contractor's.
   Any publication, performance, reproduction, distribution or other use is prohibited before full payment.

2. Upon full payment, the client receives a simple, non-transferable and non-sublicensable right of use to contractual use the services rendered.

3. A Sublicensing, transfer of rights or other granting of rights of use to third parties is expressly excludedunless a separate written agreement has been made with the contractor.

4. The involvement of third parties (e.g., labels, publishers, distributors, video producers, editors or platform operators) for technical publication or exploitation takes place exclusively on behalf of and at the responsibility of the client.
   Third parties acquire no proprietary usage rights in the services.
   The client is liable for all uses by these third parties as if they were his own actions.

5. Any use or transfer of the services outside the contractually granted scope of use oder durch unauthorized third parties represents one License violation period.

6. If the services are used, published, or distributed without prior full payment or in violation of the aforementioned usage restrictions, the contractor is entitled to a flat-rate usage fee of 10% of the agreed order amount to assert.
   
   The compensation for use does not represent a penalty amount, but rather a lump-sum payment for a typically incurred loss of use.
   
   The client retains the right to prove that no damage or significantly less damage has occurred.
   
   The contractor retains the burden of proof. exceptionally high damage reserved, insofar as this would not be even remotely covered by the lump sum.
   
   Any compensation for use paid will be credited against any further claim for damages.

7. The client undertakes to inform the contractor of any publications as is standard practice in the industry as a participating service provider (e.g. mixing, mastering, production) provided that mentioning is technically or editorially possible.
   This applies in particular:

   1. in booklets, credits and metadata,

   2. on streaming platforms,

   3. On video platforms (e.g., YouTube), at least in the video description.,

   4. as well as in social media posts with descriptive texts.

8. The contractor's statutory moral rights as author remain unaffected.

9. The use of the services for analysis, training or further processing by artificial intelligence, automated systems or databases is prohibited without the express written consent of the contractor.

1. Mastering services

1. Within 7 working days after receipt of the processed material Does the client have the right to Non-technical change requests to assert.
   Mastering services are two revisions free of charge included, provided that these relate exclusively to the already processed and existing audio material.

2. Change requests that the Provision of new, modified, or corrected files required by the client are always subject to a fee.
   A file exchange is used. A processing fee of €30 gross per replacement version applies. calculated.

2. Other services (e.g., mixing, production, editing, tuning)

1. Change requests for services such as mixing, production, editing or tuning will within the framework of the agreed hourly or project budget processed.

2. File sharing is possible with these services and will be within the available time allocation considered.
   If the agreed budget is exhausted, the contractor informs the client. in advance in text form (e.g. via email or WhatsApp) about the expected additional workload and the resulting costs.

3. The work will continue. only after the express consent of the client regarding the additional costs.

3. General regulations

1. Change requests that not be based on a deficiency in performance and only after the 7 working day period has expired can be asserted, as well as fundamental revisionsThese services are subject to a fee and will be charged according to the contractor's current hourly rate.

2. The statutory warranty rights of the client in the event of a defect remain unaffected by the above provisions.

1. The client undertakes to confidential internal information The contractor shall not disclose to third parties any information, in particular non-public production details, internal processes, calculations or individually agreed conditions, without prior consent.
   The fact of the cooperation and generally known information remain unaffected by this.

2. The client undertakes to no untrue, defamatory or willfully reputation-damaging statements of fact to distribute via the contractor.
   Objective, true, or justified criticism remains expressly unaffected by this.

3. The client undertakes to inform the contractor of any publications as is standard practice in the industry as a participating service provider (e.g. mixing, mastering, production) provided that such mention is technically or editorially possible.
   This applies in particular:

   1. in credits, booklets or metadata,

   2. on streaming platforms,

   3. On video platforms (e.g., YouTube), at least in the video description,

   4. as well as in social media posts with descriptive texts.

4. If the client violates culpable In case of breach of any of the aforementioned obligations, the contractor is entitled to Compensation in accordance with legal regulations to demand.
   The compensation includes, in particular:

   1. the resulting material damage,

   2. an License damage in case of unauthorized use or publication,

   3. as well as one lost profit, provided that this was to be expected according to the circumstances of the individual case (§ 252 BGB).

5. The assertion of Claims for injunctive relief, removal of the nuisance, and disclosure stays untouched.

6. The serious breaches of duty, particularly in cases of persistent breaches of confidentiality or significant reputational damage, the contractor is entitled to terminate the contract. to terminate without notice, insofar as this is legally permissible.

1. Definition of projects with increased planning effort

Projects requiring increased planning effort include, in particular:

a) On-site appointments at one of the contractor's studios,
b) Projects with an estimated workload of at least 4 hours,
c) Projects with a contract value of at least €345 net.

2. Deadlines and cancellation policies

1. The client is obliged to set deadlines for projects with increased planning effort. at least 7 working days before the agreed date to cancel in written form (e.g. by email).

2. If no cancellation is received within the specified timeframe, the contractor is entitled to Compensation for lost profits to demand.
   The compensation amounts to 80% of the lost profit, but at least €300 net. per affected full calendar day, unless a lesser amount of damage is proven.

3. The client expressly reserves the right to provide evidence.that the contractor no damage or significantly less damage originated.
   The contractor retains the burden of proof. exceptionally high damage reserved, insofar as this would not be even remotely covered by the lump sum.

4. The basis for calculating the lost profit is:

   • the individually agreed labor price,

   • Alternatively, the contractor's price list valid at the time of booking.
     (available at: https://www.peak-studios.de/mixing-und-mastering-preise/),

   • or – if a conclusive labor price cannot be determined from this either –
     is Average daily sales over the last 30 calendar days.

3. Additional costs for existing projects

1. Have any existing projects already been undertaken? Project meetings, planning services or preliminary work If the work has been completed, the contractor is entitled to additional 20% of the resulting follow-up work to be calculated as expenses and organizational costs.

2. For example:
   For a project (e.g., an album with 10 tracks) for which a project meeting has been scheduled, 6 tracks will require post-production work, with an estimated time of 20 minutes each.
   This results in a post-processing time of 120 minutes.
   20% of this corresponds to 24 minutes (= 0,4 hours).
   At an hourly rate of €85, this results in a post-processing fee of €34.

4. Exception

The above regulations apply no application, if the cancellation or postponement of the appointment is due to Force majeure, Deaths in the family or other compelling and verifiable reasons is due.

1. Provision of the work

The contractor shall provide the finished work for a period of 7 calendar days after completion ready for download.
Within this period should The client can download the material and save it independently.

2. Costs for redeployment

After the aforementioned deadline has expired, the contractor may use the material – if still available – make available again.
For each new deployment, a A contribution towards expenses of €15 gross per provision applicable.
This amount is intended to cover the organizational costs of redeployment, backup, and data access.

3. Client's responsibility

The client is responsible for downloading and permanently saving the provided material within the download period.
A permanent archiving or retention obligation The contractor's right to demand payment does not exist and cannot be claimed.

1. Place of fulfillment The place of business for all services arising from this contractual relationship is the registered office of the contractor.
   Jurisdiction is - provided that the client is a merchant, a legal entity under public law or a special fund under public law – Würzburg.
   For consumers, only the following apply: statutory rules of jurisdiction.

2. Changes and additions to these General Terms and Conditions require at least in text form (e.g., email).
   Individual contractual agreements take precedence over these terms and conditions.

3. Should individual provisions of these terms and conditions be or become wholly or partially invalid, the remaining provisions shall remain in full force and effect. The validity of the remaining provisions remains unaffected..