1. General Provisions

1.1 The legal form Schmidt & Hundertpfund GbR is hereinafter abbreviated as eonamic GbR.

1.2 All orders, offers, deliveries, and services accepted by us are subject to the following conditions. They are deemed accepted upon receipt of the order confirmation of the commissioned work. The order confirmation can be given either in writing or verbally by an authorized contractual partner.

1.3 Deviating order confirmations, agreements, or terms and conditions of the client require our explicit written consent to be effective.

1.4 These terms and conditions apply to deliveries and services of all kinds, including those provided by third parties as vicarious agents of eonamic GbR.

1.5 Our General Terms and Conditions apply to the contract. They also apply to all future transactions between eonamic GbR and the client. Other conditions do not become part of the contract, even if eonamic GbR carries out the delivery of goods without objection. The provisions of the General Terms and Conditions only do not apply if eonamic GbR and the client agree on written terms that contradict them.

1.6 The client assumes full responsibility for the accuracy and legality of the materials provided by them. The client indemnifies eonamic GbR against claims from third parties.

1.7 If the client requires additional terms or an additional contract beyond this agreement, this must be communicated during the first meeting or at the latest before the order confirmation by the client.

2. Copyright and Usage Rights

2.1 eonamic GbR assures that it holds all necessary copyright exploitation rights for all agreements, concepts, and scripts fixed in writing, in particular the reproduction, distribution, broadcasting, performance, and related rights required for the fulfillment of the contract, which it continues to manage even after the completion of the film. eonamic GbR does not guarantee that all services are free from third-party rights if, in individual cases, it has indicated legitimate doubts that such freedom cannot be assured, nor does it guarantee third-party rights for preliminary work provided or delivered by the client.

2.2 Ownership of all raw materials and resulting intermediate products created during film production, as well as written agreements, scripts, concepts, and screenplays, remains with eonamic GbR.

2.3 To the extent that the subject of the contract is a copyright-protected work, eonamic GbR grants the client, upon full payment, the simple, geographically and temporally unrestricted right to use the services provided for the agreed contractual purpose, subject to individual contractual provisions.

2.4 The client is authorized to transfer their usage rights in whole or in part to third parties. The agreed usage right only transfers to the client upon full payment of the agreed production costs.

2.5 eonamic GbR receives from the client the unlimited right, in terms of time and geography, to use the produced film content for its own purposes (e.g., presentations to clients, at trade fairs, and company events, or for its own advertising offer) free of charge, subject to explicitly differing agreements. This applies only once the client has received the film for their own use.

2.6 For subsequent changes or edits to the work, the client is obligated to have these carried out by eonamic GbR unless eonamic GbR permits editing by third parties. This, however, requires written approval by eonamic GbR.

3. Confidentiality

3.1 eonamic GbR and the client mutually commit to maintaining confidentiality regarding all business and operational secrets of the other party that become known due to the contractual relationship and its execution and to ensure compliance with this obligation concerning their employees through appropriate measures. This confidentiality obligation continues beyond the duration of the contract.

4. Costs & Prices

4.1 The agreed production costs cover all expenses for the production of the film. Payment is due within 14 days of the invoice date without deductions.

4.2 Any shipping and courier costs may be charged by eonamic GbR. Furthermore, expenses such as meals, travel costs, accommodation costs, as well as all transportation and flight costs (including potential vehicle rental costs) required for the service provision, will be calculated based on actual expenses.

4.3 For orders with an estimated total value exceeding EUR 4,000.00 (excluding VAT), eonamic GbR is entitled to demand an appropriate advance payment, not exceeding 50% of the total order amount.

4.4 If eonamic GbR calculates an anticipated total amount in the offer, an overrun of up to 15% is considered contractual. For deviations beyond this scope, eonamic GbR will inform the client, indicating the anticipated additional total volume.

4.5 If the client withdraws from the agreed contract without fault on the part of eonamic GbR, the client shall bear all costs incurred up to the point of withdrawal.

4.6 Weather-related postponements or interruptions of filming (weather risks) are not included in the calculated production costs. The additional costs incurred will be invoiced and itemized separately. The same applies to additional required filming days or time not attributable to gross negligence or intentional misconduct by eonamic GbR.

4.7 In general, the prices listed in eonamic GbR's current price list apply. Deviations from this may involve individually agreed-upon prices.

4.8 All stated prices are exclusive of VAT at the applicable statutory rate.

4.9 If no fixed-price offer is available, costs that could not be foreseen at the time of the contract's conclusion will be invoiced by eonamic GbR to a reasonable extent.

5. Film Production

5.1 The production of the film is based on the script/storyboard, layout film, and/or the written result of the last meeting before filming begins, provided or approved by the client.

5.2 eonamic GbR is entitled to subcontract the entire order or individual parts thereof to appropriate freelancers or subcontractors.

5.3 eonamic GbR will produce the film at a quality level that corresponds to the proven quality standards of the business.

5.4 eonamic GbR is solely responsible for the technical and artistic design of the film, while the client is responsible for the factual accuracy and legal admissibility of the film.

5.5 If the client wishes to use their own production material, they are obligated to provide it in a common and usable format. The material must be delivered in a timely manner prior to the agreed filming date. If the provided material requires extensive adaptation by eonamic GbR, the client bears the resulting costs.

5.6 The client assures that they have the rights required for further processing of the production material provided and transfers these rights to eonamic GbR.

5.7 If the client wishes to use a specific music track, they guarantee that it is exclusively royalty-free material or that they own all rights to use GEMA-protected material.

5.8 Until the film is approved, the risk of loss, damage, or grossly negligent defects lies with eonamic GbR.

6. Approval

6.1 eonamic GbR offers the client the completed film either on a data carrier or for download. If the client prefers a data carrier, additional costs will apply. The client has 14 days to approve the film in writing. If no written approval is received within this period, the film is considered approved automatically.

6.2 The client is obligated to approve the film if it corresponds to the agreed specifications, concept/script, and common quality standards. If the film deviates from the originally agreed specifications or concept/script but these deviations were implemented at the client's request, the client is still obligated to approve the film.

7. Attribution

7.1 eonamic GbR is entitled to display its company name and logo as a copyright notice. eonamic GbR also has the right to present the film at competitions and festivals, as well as for self-promotion. Additionally, eonamic GbR is entitled to use excerpts of the film in its promotional materials, especially on its website or in other credits, for advertising purposes.

7.2 The client is entitled to include the film in their advertising evaluations, accompanied by the company name and logo, and may also include other mentions of third parties associated with the contractual use of the film.

8. Data Storage and Material Provision

8.1 eonamic GbR stores production material on internal servers for a maximum of six months after project completion. However, there is no entitlement to data retention after completion. Upon delivery of the final file, the project is considered complete, and eonamic GbR is authorized to delete the original files at its discretion unless otherwise agreed in writing.

8.2 Raw material is not included in the offer unless explicitly stated. If the client requests the original material, a fee for the exploitation rights will be charged if the material is to be used to create new works.

9. Final Provisions

9.1 Should individual provisions of this agreement be invalid or become invalid, the validity of the remaining provisions shall remain unaffected. Invalid provisions shall be replaced by those that, considering the interests of both parties, achieve the intended economic purpose. The same applies to filling gaps in this agreement that may arise.

9.2 Amendments and supplements to this agreement must be made in writing to be legally valid. The same applies to the waiver of this written form clause.

9.3 This agreement is governed by the laws of the Federal Republic of Germany.

9.4 The place of performance and exclusive jurisdiction is Konstanz.