Terms & Conditions
As with all companies that work online, Peak-Studios also has general terms and conditions. We have tried to make this as short 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.
Basic processing
§ 1 All services, deliveries, receipts, and returns are carried out at the expense and risk of the client. The client is the individual who has initiated the execution of the order, whether in writing or verbally, even if the invoicing is done at their request to a third party. This means that the client is fully liable alongside the third party for the invoiced amount. If the order is placed in the name and for the account of a third party, the contractor must be expressly informed of this during the order placement. The contractor is not obligated to verify the authorization of the order transmitter.
§ 1a All services provided to the client must be checked for accuracy by the client. Silence in this context is considered as approval. The contractor assumes no liability for resulting damages due to the lack of verification on the part of the client.
§ 2 The contractor is only obligated to provide a written order confirmation if explicitly requested by the client.
§ 2a A binding order exists after sending the upload form or after receiving the booking or order confirmation. At the latest, however, after receipt of the invoice.
For all orders, the order value is usually 100% to be paid in advance. However, for amounts from 201 € at least 50%.
If a partial payment (e.g. 50%) is desired, a credit check can take place if necessary. This will be charged to the customer). Only after payment, the audio material or a "pre-listening version" will be made available. As a rule, all invoices are "due immediately". However, if no payment is received within 7 days, we reserve the right to give the collection of the debt to a collection agency.
§ 3 If protected works, music, or language are used within the orders at the request of the customer, the clarification of any third-party rights is the responsibility of the client. The contractor is not obligated to verify the extent to which the content of ordered work violates legal regulations. If this is the case, the client is liable for all resulting disadvantages or damages.
§ 4 Liability for any remaining audio and visual material can only be assumed up to the material value of the carrier material and only within a maximum period of 3 months following the invoicing.
§ 5 The client is liable for any damage caused during the processing of external audio and video recordings up to the material value of the carrier material.
Working with third-party material and providers
§ 6 If the client provides irreplaceable or hard-to-replace audio and visual recordings for processing, presentation, or similar purposes, the risk, including the arrangement of insurance beyond the material value and the creation of backup copies, lies with the client.
§ 7 Mediating activities such as accepting and delivering shipments to and from the copying facilities, postal and railway services, the engagement of voice artists, performers, etc., are always conducted in the name and at the expense of the client unless explicitly included in a production or processing order, even if the contractor does not explicitly state this. The contractor assumes no liability or warranty for such mediating activities.
§ 8 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.
§ 9 For delays arising from the contractor's fault in the course of a processing or production process, the liability is limited to the amount of the work disrupted by the delay. External services and indirect damages are not covered by this liability. If no special price agreements are made, the contractor's current list prices on the day of delivery are considered as agreed. Prices and price lists are available upon request at any time.
§ 10 If external services are required during the execution of an order, i.e., services that cannot be carried out using the studio's own equipment and personnel, the contractor is generally not responsible for the quality, punctuality, and costs of these services.
After production
§ 11 For audio and textual creations produced by the contractor within the scope of the order or provided from archives, all performing and reproduction rights remain with the contractor until full payment of all claims arising from this order or other orders from the client. Similarly, any image and audio material produced by the contractor or their authorized representative remains the property of the contractor until full payment is received. Before any publication of works in which the contractor has been involved, the client is obliged to hand over the audio or visual material. The same applies to advertising.
§ 12 In all productions in which the contractor has been involved, the client agrees to: a) maintain confidentiality with third parties; b) represent the interests of the contractor (advertising, interviews, etc.); c) make any public statements about the contractor only with their consent; d) refrain from discrediting the contractor; e) credit the contractor by naming them in all production-related postings on social networks or when uploading to various streaming platforms. In the event of any breach, a contractual penalty will be imposed, and the contractor has the right to terminate the contract. The client is responsible for all resulting damages.
§ 13 Upon conclusion of a contract, all rights to the work produced by the Contractor shall be transferred to Peak Studios until full payment has been made.
§ 13a The contractor provides the finished work for download for 7 days. During this period, the material can be downloaded. After this time, a fee of 15€ for each new provision will be charged for archiving and ensuring access.
§ 13 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. Exchange of the mastering files by the customer (e.g. errors discovered in the mix) is always subject to a charge, since the entire process has to be rolled out again. 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.
Should the client request changes outside of this revision period, they will be charged. Additionally, charges apply starting from the 3rd revision, and they will be invoiced based on the current hourly rate. Albums or projects with multiple songs are exempt from this time frame.
§ 14 Shipping and transportation of materials of all kinds are at the client's expense and risk. Packaging is at our discretion.
Dates, place of performance, costs and final provisions
§ 15 General booked appointments
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 48 hours or, if necessary, provide 2 alternative appointments. As soon as the commitment from Peak Studios is received, the date is considered binding.
If an appointment has been made, the client must keep it and cancel it at least 2 working days before the appointment. For projects that require greater planning effort (e.g. appointments on site at the customer's site, the appointment must be canceled in writing at least 7 working days in advance.)
Projects that require greater planning effort are: Appointments on site in one of our studios, projects with a workload of more than or equal to 4 hours or an order value of more than or equal to €345 net.
If this deadline is not met, the client is liable for 80% of the resulting damages for the lost profit, but at least €300 net per day. The work price agreed in advance is taken as a basis. If no specific price for work has been agreed, our general price list applies: www.Peak-Studios.de/Prices. If no conclusive labor price can be determined from this, the average daily turnover of the last 30 days will be used as the basis for the calculation.
For existing projects and appointments for project discussions, an additional 20% of the follow-up costs for project processing must be paid. The calculation can be found using the following example:
For an example project (album with 10 tracks) with a project discussion appointment, there are 6 tracks to be discussed for post-processing. This results in a post-processing time for the tracks, for example, 6 x 20 minutes. Therefore, 80% (2 hours x 85€ x 20%) of the total post-processing time (120 minutes) would be 34€ in post-processing fees.
Exceptions are damages due to force majeure, family deaths, or other compelling and demonstrable reasons.
§ 15 a) Appointment booking via the calendar app
If an appointment has been booked via our online appointment calendar, the client must keep it or cancel it at least 2 working days before the appointment.
This excludes damage caused by force majeure or illness, which must be provided without being asked.
If the appointment is not canceled in time or no proof is provided, the working time will be offset against the current quota for existing orders. If there is no quota, the planned meeting time will be billed according to our current hourly rate.
§ 16 The place of jurisdiction and performance is Würzburg.
§ 17 The payment method is specified in the offer or agreed upon verbally, but the payment method is always listed in the invoice.
§ 18 Changes to the contract require written form.
§ 19 If a provision of the contract, including these provisions, is ineffective, the effectiveness of the other provisions is not affected by it.
YOUR CONTACT TO PEAK STUDIOS
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