Terms & Conditions
As with all companies that also work online, Peak Studios also has general terms and conditions. We have tried to make this as small and clear as possible. On the one hand, these serve to protect us as a contractor and, on the other hand, to protect the rights of third parties.
§ 1 All services, deliveries, consignments and returns are carried out for the account and at the risk of the client. The client is whoever has initiated the execution of the order - in writing or orally, even if the invoice is issued to a third party at his request, ie he is fully liable for the invoice amount in addition to the third party. If the order is placed in the name and for the account of a third party, the contractor must be expressly informed of this when placing the order. There is no obligation for the contractor to check the authority of the order submitter.
§ 1 All services provided to the client are to be checked for correctness by the client. Silence here means release. The contractor assumes no liability for resulting damage in the absence of a lack of inspection on the part of the client.
§ 2 The contractor is only obliged to confirm the order in writing if this is expressly requested by the client.
§ 3 If protected works, music or language are used within the orders at the customer's request, the clarification of all possible rights of third parties is incumbent on the customer. The contractor is not obliged to check to what extent the content of the work ordered violates legal regulations. If this is the case, the client is liable for any resulting disadvantages or damage.
§ 4 Liability for audio and visual material left behind can only be assumed up to the material value of the carrier material and only up to a maximum of 3 months after billing.
§ 5 The client is liable for processing damage to external tape and video recordings up to the material value of the carrier material.
§ 6 If the client leaves irretrievable or hard-to-replace sound and image recordings for processing, demonstration or the like, the risk lies with the client, possibly including taking out insurance for the value of the material and also arranging for backups to be made.
§ 7 Mediating activities, such as acceptance and delivery of deliveries from and to the copier works, postal and rail expeditions, placement of speakers, actors, etc., if they are not expressly the subject of a production or processing order, always take place in the name and for the account of the client , even if this is not expressly pointed out by the contractor. The contractor assumes no liability or guarantee for such mediating activities.
§ 8 Date promises for processing and production processes are made to the best of our knowledge and belief, but without guarantee. We do not accept any liability for delays caused by third-party companies, copiers, etc.
§ 9 For delays caused by the fault of the contractor in the course of a processing or production process, the latter is only liable up to the amount of his own contribution caused by the delay. External services and indirect damage are not included in the liability. If no special price agreements are made, the contractor's list prices valid on the day of delivery are deemed to have been agreed. Prices and price lists are made available at any time upon request.
§ 10 If external services are required in the course of the execution of an order, ie services that cannot be carried out with the studio's own equipment and staff, the contractor is generally not responsible for the quality, punctuality and costs of these services.
§ 11 For sound and text creation created by the contractor within the framework of the order or provided from archives, all performance rights or reproduction rights remain with the contractor until all claims from this order or other orders of the client have been paid in full. Likewise, any image and sound material produced by the contractor or his authorized representative remains the property of the contractor until it has been paid for in full. Before any publication of works in which the contractor has participated, the client undertakes to hand over the audio or visual material. The same goes for advertising.
§ 12 In all productions in which the contractor has participated, the client undertakes a) to maintain confidentiality towards third parties b) to represent the interests of the contractor (advertising, interviews, etc.) c) to make any public statements about the contractor only with consent to do. d) not to discredit the contractor, e) to name the contractor so-called "credits" in all production-related postings on social networks or when uploading to various streaming portals. A contractual penalty is incurred for each violation and the contractor has the right to withdraw from the contract. The client bears all damage resulting therefrom.
§ 13 When a contract is concluded, all rights to the work produced by the contractor are transferred to Peak Studios until full payment has been made. For amounts up to € 200, 100% prepayment is required. For amounts of 201 € or more, however, at least 50%. The audio material or a "preview version" will only be made available after payment has been made.
§ 13 The contractor makes the finished work available for download for 7 days. The material can be downloaded during this period. After this time, the re-provisioning will be charged with an expense amount for archiving and securing of 15 euros for each new provisioning.
§ 14 Dispatch and transport of material of all kinds is carried out at the expense and risk of the client. Packaging is at our discretion.
§ 15 If an appointment has been made, it must be kept by the client, canceled at least 2 working days before the appointment or a new appointment made. If this deadline is not met, the client is liable for 80% of the resulting damage for loss of earnings during the reserved working time, including 15 minutes of preparation and 15 minutes of follow-up, but at least € 170 per day. An hourly rate of € 85 is taken as a basis. In the case of already existing projects and appointments for project discussions, an additional 20% of the follow-up costs for the project processing must be paid. The calculation can be found in the following example:
For a sample project (album with 10 tracks) for which a project meeting date has been agreed, 6 tracks are to be discussed for follow-up. This results in a post-processing time for the titles of 6×20 minutes, for example. Of the total follow-up time (120 min.), 80% (2 hours x €85 x 20%) must be paid as a follow-up fee of €34.
Exceptions are damage caused by force majeure, death in the family or other compelling and verifiable reasons.
§ 15 a) An appointment must always be requested in a binding manner. Peak Studios will confirm the appointment in writing via email to the email address provided within 24 hours or, if necessary, provide 2 alternative appointments. As soon as the commitment from Peak Studios is received, the date is considered binding.
§ 15 b) Once a project has been completed or a so-called “pre” version has been sent, the client has 7 working days to express any change requests. If these are within the limits, ie the reasons for the change were not previously known or apparent, 2 revisions are available to the customer free of charge for all mastering services, provided these do not cause the project to be completely reworked. For recording, mixing, editing or tuning, we calculate the changes according to our current hourly rate, according to the time protocol. Billing according to time protocol also includes telephone advice and project discussions during a project. Excluded from this is the commissioned initial meeting.
If the customer makes use of changes outside of this revision period, these will be subject to a charge. It will also be chargeable from the 3rd revision. The currently valid hourly rate is used for this. Exceptions to this deadline are albums or projects with several songs.
§ 16 The place of jurisdiction and performance is Würzburg.
§ 17 The form of payment will be listed in advance in the offer or agreed orally. However, always listed in the invoice.
§ 18 Changes to the contract must be made in writing.
§ 19 If a provision of the contract including these provisions is invalid, the validity of the remaining provisions is not affected.
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