Terms & Conditions

Version: 04.12.2024

Preamble

These General Terms and Conditions (GTC) regulate the business relationship between Peak-Studios, Otto-Hahn-Str. 20, 97218 Gerbrunn, (hereinafter "Contractor") and the customer (hereinafter "Client"). The aim of the GTC is to create a clear and fair basis for cooperation and to define the rights and obligations of both parties in a binding manner.

  1. All services, deliveries and returns are at the expense and risk of the customer.

  2. The client is the person who places the order in writing or verbally, even if the invoice is made out to a third party. The client is jointly and severally liable with the third party for the invoice amount.

  3. The contractor is not obliged to check the authority of the person placing the order to represent the company.
  1. All services provided by the Contractor must be checked by the Client for accuracy.

  2. The client’s silence after submission of the services shall be deemed as approval.

  3. The contractor assumes no liability for damages resulting from a lack of inspection by the client.

  4. Commitments regarding processing and production processes are made to the best of knowledge and belief but without guarantee. In the event of delays caused by external service providers, copying facilities, etc., we assume no liability.
  1. A binding order is concluded through one of the following actions:

    • Submitting the upload form
    • receipt of a booking or order confirmation
    • payment of the invoice

  2. Payments are usually made 100% in advance. For amounts of €201 or more, a partial payment of at least 50% can be agreed upon at the express request of the client. In this case, the contractor reserves the right to postpone completion and delivery of the work until the remaining amount has been paid in full.

    • The client agrees that if payment is not made in full before completion, the work may be paused for organizational reasons.
    • Any deviating agreement for partial payment requires the consent of the Contractor and written confirmation.

  3. Invoices are due immediately. If payment is not made within 7 days, the contractor reserves the right to commission a debt collection agency.

  1. The client is responsible for clarifying and obtaining all third-party rights to protected works, music or language used.

  2. The contractor is not obliged to check the legal admissibility of the commissioned content. The client is liable for all damages and costs resulting from this.
  1. The Contractor's liability for material left behind or damaged is limited to the material value of the data carrier and is a maximum of three months from the invoice date.

  2. The client is liable for processing damage to third-party sound and image recordings up to the material value of the carrier material.
  1. The client bears the risk for irretrievable or difficult to replace sound and image recordings that he leaves to the contractor for processing. He is responsible for creating backup copies or taking out insurance.

  2. The Contractor assumes no liability for mediated activities, such as the acceptance and delivery of deliveries or the provision of speakers and actors.

  3. The contractor is not liable for delays or errors caused by third-party service providers.
  1. The contractor is only liable for delays caused by his own fault up to the amount of the agreed own contribution.

  2. Third-party services and indirect damages are excluded from liability.
  1. All copyright and usage rights to the works created by the contractor remain with the contractor until the agreed remuneration has been paid in full. The client is obliged to make full payment before any publication or performance of the work.

    • contractual penalty: If a publication or performance takes place without prior full payment, the client agrees to pay a contractual penalty of 5% of the agreed order amount. This contractual penalty will be offset against any further claim for damages.

  2. Before the material is published, the client must submit the final material and name the contractor.
  1. Mastering services:
    • The client has the right to request changes within 7 working days of receiving the material. Mastering services include two revisions free of charge, provided that they are based exclusively on the already edited and existing audio material.
    • Requests for changes that require the client to provide new or corrected files are always subject to a fee. A processing fee of €30 gross per exchange version is charged for exchanging files.

  2. Other services (e.g. mixing, production):
    • Requests for changes to services such as mixing, production, editing or tuning are covered within the agreed hourly budget.
    • The exchange of files is possible with these services and will be processed within the available time quota. If the previously agreed budget is exhausted, the contractor will inform the client in writing or in text form (e.g. by email) about the expected additional working time and the associated costs.
    • Work will only be continued after the client has agreed to the additional costs.

  3. General regulations:
    • Requests for changes made outside the 7-day period, as well as fundamental revisions, are always subject to a charge and are calculated according to the current hourly rate.
  1. For all productions in which the Contractor has participated, the Client undertakes:

    a) On confidentiality towards third parties: The Client may not disclose any details about the collaboration or production to third parties without the prior written consent of the Contractor.

    b) To represent the contractor’s interests: The Client undertakes to represent the Contractor’s interests, in particular in advertising, interviews or other public presentations.

    c) On voting on public statements: Any public statements about the Contractor may only be made with the Contractor’s prior consent.

    d) To avoid discrediting: The Client undertakes not to discredit the Contractor, either directly or indirectly, or to damage its reputation.

    e) For naming: The contractor must be named in all production-relevant postings on social networks or uploads to streaming portals (e.g. by stating “credits”).

  2. Contractual penalty and right of withdrawal:
    • In the event of violations of the above obligations, the contractor has the right to claim a contractual penalty. The amount of the contractual penalty is 5% of the agreed contract amount or at least €300 gross, unless a higher amount of damages can be proven.
    • In addition, the contractor reserves the right to withdraw from the contract in the event of serious violations.

  3. Damages: Any resulting damages incurred by the Contractor as a result of non-compliance with these obligations shall be reimbursed in full by the Client.
  1. Definition of projects with greater planning effort:

    • Projects that require more planning effort include:
      a) On-site appointments in one of the contractor’s studios.
      b) Projects requiring at least 4 hours of work.
      c) Projects with a contract value of at least €345 net.

  2. Deadlines and cancellation conditions:

    • The client is obliged to cancel appointments for such projects in writing at least 7 working days before the agreed date.
    • If this deadline is not met, the client is liable for 80% of the resulting damages for lost profits, but at least €300 net per day.
    • The basis for calculation is the agreed price for work. If no specific price for work has been agreed, the general price list under www.Peak-Studios.de/Prices.
    • If a conclusive labor price cannot be determined from this either, the average daily turnover of the last 30 days is used as a basis.

  3. Additional costs for existing projects:

    • For existing projects for which project meetings have been agreed, an additional 20% of the follow-up costs of project processing must be paid.
    • Example: For a project (album with 10 tracks) for which a project meeting has been agreed, post-production work is calculated for 6 tracks with an estimated time of 6 × 20 minutes. This results in a post-production time of 120 minutes. 80% of this time (2 hours × €85 × 20%) = €34 is to be paid as post-production fee.

  4. exceptions:

    • Damage caused by force majeure, deaths in the family or other compelling and verifiable reasons are excluded from liability.
  1. Definition of projects with greater planning effort:

    • Projects that require more planning effort include:
      a) On-site appointments in one of the contractor’s studios.
      b) Projects requiring at least 4 hours of work.
      c) Projects with a contract value of at least €345 net.

  2. Deadlines and cancellation conditions:

    • The client is obliged to cancel appointments for such projects in writing at least 7 working days before the agreed date.
    • If this deadline is not met, the client is liable for 80% of the resulting damages for lost profits, but at least €300 net per day.
    • The basis for calculation is the agreed price for work. If no specific price for work has been agreed, the general price list under www.Peak-Studios.de/Prices.
    • If a conclusive labor price cannot be determined from this either, the average daily turnover of the last 30 days is used as a basis.

  3. Additional costs for existing projects:

    • For existing projects for which project meetings have been agreed, an additional 20% of the follow-up costs of project processing must be paid.
    • Example: For a project (album with 10 tracks) for which a project meeting has been agreed, post-production work is calculated for 6 tracks with an estimated time of 6 × 20 minutes. This results in a post-production time of 120 minutes. 80% of this time (2 hours × €85 × 20%) = €34 is to be paid as post-production fee.

  4. exceptions:

    • Damage caused by force majeure, deaths in the family or other compelling and verifiable reasons are excluded from liability.
  1. Provision of the work:
    • The contractor will make the finished work available for download for a period of 7 calendar days after completion. The client is obliged to download and save the material within this period.

  2. Re-deployment costs:
    • After the 7 days have expired, a fee of €15 gross per provision will be charged for each new provision of the material. This amount covers the costs of archiving and securing the work.

  3. Responsibility of the client:
    • The client is responsible for downloading and saving the material within the time limit provided. Permanent archiving by the contractor is not guaranteed and cannot be demanded.
  1. Place of performance and jurisdiction is Würzburg.
  2. Changes and additions to these Terms and Conditions must be made in writing.
  3. Should individual provisions be ineffective, the validity of the remaining provisions shall remain unaffected.

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Chris Jones

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