autofiction
autofiction

General Terms and Conditions (GTC)

§ 1 General, scope of application

  1. These General Terms and Conditions of Business apply to all services and contractual relationships of the company Autofiction, represented by the owner Marta Capilla Urbano, Bastianstr. 9 in 13357 Berlin (hereinafter referred to as the "Provider") in the version valid at the time of the order / conclusion of the contract. Any provisions deviating from these shall only apply if they have been expressly confirmed in writing by the Provider. They shall also apply if the Provider provides the service to the Customer without reservation in the knowledge that the Customer's terms and conditions conflict with or deviate from its own. The GTC can be accessed online at any time.
    2.  
  2. Conflicting general terms and conditions of the customer shall only apply if they are expressly recognized by the provider in writing.
    3.  
  3. The provider reserves the right to make changes or additions to these terms and conditions subject to a reasonable period of notice. This announcement shall be made in writing/by email to the contractual partner. The amended or supplemented terms and conditions shall enter into force if the customer does not object in writing (by email is sufficient) within two weeks of notification of the amendment.

 

§ 2 Offer and conclusion of contract

     
  1. A detailed description of the provider's services/offers can be found in the service description, the respective order or the offer. The presentation of the provider's services and offers does not constitute a legally binding offer, but an invitation to submit an order/offer. All offers are valid as long as availability is given or unless otherwise stated in the individual offers. Errors excepted.
    2.   
  2. By sending the offer to the provider, you make a binding declaration of intent to order the services listed in the offer. The customer is bound to the order for a period of two (2) weeks after sending the offer. The date of receipt by the provider is decisive.
    3.   
  3. The contract is concluded when we have accepted your order by express declaration by e-mail or when we begin with the execution of the order within 5 days after receipt of the order, unless the respective offer provides for a different regulation.
    4.  
  4. After conclusion of the contract, the customer is entitled to use and/or access the offers, content and services provided. He is also entitled to save, copy and print these for his own information or for business purposes. Any commercial use of the offers provided as well as the forwarding and/or publication of the provider's offers is not permitted.

 

§ 3 Provision of services, cancellation

  1. The Provider generally offers its products and services to companies within the meaning of Section 13 of the German Civil Code (BGB) worldwide.
    2.  
  2. The Provider provides services such as Treatment Design, Image Research, Mood Film Research & Edit, Stock Footage Research, etc. for its customers. The individual service components can be found in the service description/the offer. The subject of the offers is only the agreed service, not a specific economic or other result, unless the provider has expressly undertaken to do so in writing. The provider is also entitled to commission third parties to provide the service.
    3.  
  3. Regular working hours are from 9 am to 6 pm. The agreement of different working hours is possible upon timely request. Performance or service deadlines are only binding for the Provider if they are expressly confirmed as "binding" by the Provider in writing.
    4.  
  4. The Provider expressly reserves the right to discontinue a particular service for organizational reasons. In this case, the provider shall inform the customer immediately. In such a case, the customer is free to wait for the subsequent delivery or rescheduling or to cancel this part of his order.
    5.  
  5. As soon as the provider has accepted the order and confirmed this to the customer, a cancellation or termination of the contract is excluded. The agreed fee is due in full.
    6.  
  6. If the provider is otherwise prevented from providing the contractually agreed service due to circumstances for which it is not responsible, it shall inform the customer accordingly and immediately provide services adapted to the circumstances. If the aforementioned circumstances persist for more than 7 days, the parties shall mutually agree on how to proceed.

 

§ 4 Obligations of the customer to cooperate

  1. The Customer is obliged to submit (i.e. in the offer form) a description of the work to be performed by the Provider (hereinafter "Services") and a general description of the project to the Provider. The Provider shall then, at its sole discretion, select the employees required to perform the Services and complete the project (hereinafter "Talent") and invoice the Customer for the costs in accordance with the Rate Card. Talent is defined as individuals or companies who provide the services required for your project. Client is further required to provide Vendor with all briefing documents including, but not limited to, notes, agency decks, briefs, animatics, storyboards, scripts, video conferencing and/or recorded calls necessary for Talent to complete the project.
    2.  
  2. The Talent themselves will provide all professional equipment, devices and materials necessary or desirable to perform and complete the services.

 

§ 5 Prices and payment

  1. The prices stated in the offer/service description are net prices in euros and do not include the statutory value added tax (VAT).
    2.  
  2. The provider's invoices are due for payment without deduction 30 days after receipt of the invoice.
    3.  
  3. In the event of late payment, the Client shall be entitled to charge the Customer interest on arrears at a rate of eight percentage points above the respective prime rate, subject to the assertion of further damages. The default interest shall be set at a lower rate if the client can prove a lower charge.
    4.  
  4. The customer shall only have a right of set-off if his counterclaims have been legally established by a court or recognized in writing by the provider. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

 

§ 6 Liability

  1. The Provider offers its services to the best of its knowledge and understanding. The Provider shall be liable for the proper and timely provision of all services in accordance with the order, insofar as it provides the specified scope of services itself or through a third party commissioned by it. 
    2.  
  2. The Provider shall be liable without limitation in accordance with the statutory provisions for damages to life, body and health that are based on a negligent or intentional breach of duty by the Provider, its legal representatives or vicarious agents, as well as for damages that are covered by liability under the Product Liability Act. For damages not covered by sentence 1 and which are based on intentional or grossly negligent breaches of contract as well as fraudulent intent on the part of the Provider, its legal representatives or vicarious agents, the Provider shall be liable in accordance with the statutory provisions. In this case, however, the liability for damages is limited to the foreseeable, typically occurring damage, unless the Provider, its legal representatives or vicarious agents have acted willfully. 
    3.  
  3. The Provider is also liable for damages caused by simple negligence, insofar as the negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract. However, the Provider is only liable insofar as the damages are typically associated with the contract and are foreseeable.
    4.  
  4. Liability claims against the Provider relating to material or immaterial damage caused by the use or non-use of the services and information provided by the Provider as well as for consequential damage, indirect damage and/or loss of profit are generally excluded, unless there is evidence of willful intent or gross negligence on the part of the Provider.
    5.  
  5. Any further liability is excluded regardless of the legal nature of the asserted claim; this also applies in particular to tortious claims or claims for reimbursement of futile expenses instead of performance.
    6.  
  6. Insofar as the liability of the Provider is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
    7.  
  7. All claims for damages or other claims that could be asserted against the Provider due to defects in the service lapse 6 (in words: six) months after the end of the respective contract.

 

§ 7 Copyright

  1. All rights to content (drawings, images, videos), programs, services, processes, software, technologies, trademarks, inventions, databases and all materials provided by the Provider are the exclusive property of the Provider. The unauthorized - in particular commercial - use of all content, materials, labels and services (including software functionalities) is only permitted for the purposes stated in these terms and conditions.
    2.  
  2. Any commercial use of the services provided, in particular any reproduction of the content, programs, services, processes, software, etc. - for whatever purpose - requires the prior written consent of the Provider/Originator. In such cases, please contact info@autofiction.eu.
    3.  
  3. In the event of a breach of the aforementioned obligations, the Provider is entitled to claim the full extent of the resulting damages.
    4.  
  4. The Customer grants the Talent the right to use intellectual property provided by the customer that is necessary for the implementation of the project. The Talent is prohibited from using the Client's intellectual property for purposes other than the creation of the project. However, the Talent is permitted to display the project (in a modified form so that no sensitive information is displayed) as part of their personal portfolio, unless this is prohibited by the Client (text form sufficient).

 

§ 8 Data protection

  1. The provider uses the customer's inventory data exclusively for processing the order or providing the respective service(s). All customer data shall be stored and processed by the Provider in compliance with the relevant statutory provisions, in particular the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
    2.  
  2. Both contracting parties undertake to comply with the applicable data protection regulations. Both contracting parties assure that the data received will be used exclusively for the respective contractual purpose and in such a way as is necessary and legally permissible for the execution of the concluded transactions and the maintenance of the resulting contractual relationship.
    3.  
  3. In all other respects, the provider's data protection information shall apply.

 

§ 9 Final provisions

  1. The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
    2.  
  2. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Provider. The same applies if the Customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is brought.
    3.  
  3. The place of performance for both parties is the registered office of the Provider. The Provider concludes contracts exclusively in English.
    4.  
  4. Unless otherwise agreed separately, the Customer grants the Provider and the Talent the right to use the Customer and the project in full, abridged or anonymized form for marketing or portfolio purposes across all media for the duration of the collaboration and for a period of 5 (five) years after the end of the collaboration, in particular to name the Customer and the project publicly on its website for advertising purposes, including the reproduction of used or existing company logos. The Customer may revoke this permission at any time by email.
    5.  
  5. Verbal collateral agreements do not exist. Amendments and additions to these General Terms and Conditions and unilateral declarations of intent to be made to the other contracting party must be made in writing. The same applies to the waiver of the written form requirement itself.
    6.  
  6. Should one or more provisions of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

 

Berlin, 31.12.2023

 

General Terms and Conditions (GTC)

§ 1 General, scope of application

  1. These General Terms and Conditions of Business apply to all services and contractual relationships of the company Autofiction, represented by the owner Marta Capilla Urbano, Bastianstr. 9 in 13357 Berlin (hereinafter referred to as the "Provider") in the version valid at the time of the order / conclusion of the contract. Any provisions deviating from these shall only apply if they have been expressly confirmed in writing by the Provider. They shall also apply if the Provider provides the service to the Customer without reservation in the knowledge that the Customer's terms and conditions conflict with or deviate from its own. The GTC can be accessed online at any time.
    2.  
  2. Conflicting general terms and conditions of the customer shall only apply if they are expressly recognized by the provider in writing.
    3.  
  3. The provider reserves the right to make changes or additions to these terms and conditions subject to a reasonable period of notice. This announcement shall be made in writing/by email to the contractual partner. The amended or supplemented terms and conditions shall enter into force if the customer does not object in writing (by email is sufficient) within two weeks of notification of the amendment.

 

§ 2 Offer and conclusion of contract

     
  1. A detailed description of the provider's services/offers can be found in the service description, the respective order or the offer. The presentation of the provider's services and offers does not constitute a legally binding offer, but an invitation to submit an order/offer. All offers are valid as long as availability is given or unless otherwise stated in the individual offers. Errors excepted.
    2.   
  2. By sending the offer to the provider, you make a binding declaration of intent to order the services listed in the offer. The customer is bound to the order for a period of two (2) weeks after sending the offer. The date of receipt by the provider is decisive.
    3.   
  3. The contract is concluded when we have accepted your order by express declaration by e-mail or when we begin with the execution of the order within 5 days after receipt of the order, unless the respective offer provides for a different regulation.
    4.  
  4. After conclusion of the contract, the customer is entitled to use and/or access the offers, content and services provided. He is also entitled to save, copy and print these for his own information or for business purposes. Any commercial use of the offers provided as well as the forwarding and/or publication of the provider's offers is not permitted.

 

§ 3 Provision of services, cancellation

  1. The Provider generally offers its products and services to companies within the meaning of Section 13 of the German Civil Code (BGB) worldwide.
    2.  
  2. The Provider provides services such as Treatment Design, Image Research, Mood Film Research & Edit, Stock Footage Research, etc. for its customers. The individual service components can be found in the service description/the offer. The subject of the offers is only the agreed service, not a specific economic or other result, unless the provider has expressly undertaken to do so in writing. The provider is also entitled to commission third parties to provide the service.
    3.  
  3. Regular working hours are from 9 am to 6 pm. The agreement of different working hours is possible upon timely request. Performance or service deadlines are only binding for the Provider if they are expressly confirmed as "binding" by the Provider in writing.
    4.  
  4. The Provider expressly reserves the right to discontinue a particular service for organizational reasons. In this case, the provider shall inform the customer immediately. In such a case, the customer is free to wait for the subsequent delivery or rescheduling or to cancel this part of his order.
    5.  
  5. As soon as the provider has accepted the order and confirmed this to the customer, a cancellation or termination of the contract is excluded. The agreed fee is due in full.
    6.  
  6. If the provider is otherwise prevented from providing the contractually agreed service due to circumstances for which it is not responsible, it shall inform the customer accordingly and immediately provide services adapted to the circumstances. If the aforementioned circumstances persist for more than 7 days, the parties shall mutually agree on how to proceed.

 

§ 4 Obligations of the customer to cooperate

  1. The Customer is obliged to submit (i.e. in the offer form) a description of the work to be performed by the Provider (hereinafter "Services") and a general description of the project to the Provider. The Provider shall then, at its sole discretion, select the employees required to perform the Services and complete the project (hereinafter "Talent") and invoice the Customer for the costs in accordance with the Rate Card. Talent is defined as individuals or companies who provide the services required for your project. Client is further required to provide Vendor with all briefing documents including, but not limited to, notes, agency decks, briefs, animatics, storyboards, scripts, video conferencing and/or recorded calls necessary for Talent to complete the project.
    2.  
  2. The Talent themselves will provide all professional equipment, devices and materials necessary or desirable to perform and complete the services.

 

§ 5 Prices and payment

  1. The prices stated in the offer/service description are net prices in euros and do not include the statutory value added tax (VAT).
    2.  
  2. The provider's invoices are due for payment without deduction 30 days after receipt of the invoice.
    3.  
  3. In the event of late payment, the Client shall be entitled to charge the Customer interest on arrears at a rate of eight percentage points above the respective prime rate, subject to the assertion of further damages. The default interest shall be set at a lower rate if the client can prove a lower charge.
    4.  
  4. The customer shall only have a right of set-off if his counterclaims have been legally established by a court or recognized in writing by the provider. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

 

§ 6 Liability

  1. The Provider offers its services to the best of its knowledge and understanding. The Provider shall be liable for the proper and timely provision of all services in accordance with the order, insofar as it provides the specified scope of services itself or through a third party commissioned by it. 
    2.  
  2. The Provider shall be liable without limitation in accordance with the statutory provisions for damages to life, body and health that are based on a negligent or intentional breach of duty by the Provider, its legal representatives or vicarious agents, as well as for damages that are covered by liability under the Product Liability Act. For damages not covered by sentence 1 and which are based on intentional or grossly negligent breaches of contract as well as fraudulent intent on the part of the Provider, its legal representatives or vicarious agents, the Provider shall be liable in accordance with the statutory provisions. In this case, however, the liability for damages is limited to the foreseeable, typically occurring damage, unless the Provider, its legal representatives or vicarious agents have acted willfully. 
    3.  
  3. The Provider is also liable for damages caused by simple negligence, insofar as the negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract. However, the Provider is only liable insofar as the damages are typically associated with the contract and are foreseeable.
    4.  
  4. Liability claims against the Provider relating to material or immaterial damage caused by the use or non-use of the services and information provided by the Provider as well as for consequential damage, indirect damage and/or loss of profit are generally excluded, unless there is evidence of willful intent or gross negligence on the part of the Provider.
    5.  
  5. Any further liability is excluded regardless of the legal nature of the asserted claim; this also applies in particular to tortious claims or claims for reimbursement of futile expenses instead of performance.
    6.  
  6. Insofar as the liability of the Provider is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
    7.  
  7. All claims for damages or other claims that could be asserted against the Provider due to defects in the service lapse 6 (in words: six) months after the end of the respective contract.

 

§ 7 Copyright

  1. All rights to content (drawings, images, videos), programs, services, processes, software, technologies, trademarks, inventions, databases and all materials provided by the Provider are the exclusive property of the Provider. The unauthorized - in particular commercial - use of all content, materials, labels and services (including software functionalities) is only permitted for the purposes stated in these terms and conditions.
    2.  
  2. Any commercial use of the services provided, in particular any reproduction of the content, programs, services, processes, software, etc. - for whatever purpose - requires the prior written consent of the Provider/Originator. In such cases, please contact info@autofiction.eu.
    3.  
  3. In the event of a breach of the aforementioned obligations, the Provider is entitled to claim the full extent of the resulting damages.
    4.  
  4. The Customer grants the Talent the right to use intellectual property provided by the customer that is necessary for the implementation of the project. The Talent is prohibited from using the Client's intellectual property for purposes other than the creation of the project. However, the Talent is permitted to display the project (in a modified form so that no sensitive information is displayed) as part of their personal portfolio, unless this is prohibited by the Client (text form sufficient).

 

§ 8 Data protection

  1. The provider uses the customer's inventory data exclusively for processing the order or providing the respective service(s). All customer data shall be stored and processed by the Provider in compliance with the relevant statutory provisions, in particular the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
    2.  
  2. Both contracting parties undertake to comply with the applicable data protection regulations. Both contracting parties assure that the data received will be used exclusively for the respective contractual purpose and in such a way as is necessary and legally permissible for the execution of the concluded transactions and the maintenance of the resulting contractual relationship.
    3.  
  3. In all other respects, the provider's data protection information shall apply.

 

§ 9 Final provisions

  1. The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
    2.  
  2. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Provider. The same applies if the Customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is brought.
    3.  
  3. The place of performance for both parties is the registered office of the Provider. The Provider concludes contracts exclusively in English.
    4.  
  4. Unless otherwise agreed separately, the Customer grants the Provider and the Talent the right to use the Customer and the project in full, abridged or anonymized form for marketing or portfolio purposes across all media for the duration of the collaboration and for a period of 5 (five) years after the end of the collaboration, in particular to name the Customer and the project publicly on its website for advertising purposes, including the reproduction of used or existing company logos. The Customer may revoke this permission at any time by email.
    5.  
  5. Verbal collateral agreements do not exist. Amendments and additions to these General Terms and Conditions and unilateral declarations of intent to be made to the other contracting party must be made in writing. The same applies to the waiver of the written form requirement itself.
    6.  
  6. Should one or more provisions of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

 

Berlin, 31.12.2023

 

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