TERMS OF SERVICE
The following terms and conditions apply to all contractual relationships with Popular Pictures, represented by Matthias Popp (hereinafter referred to as Popular Pictures). Deviating terms and conditions of the customer do not apply. With the receipt of deliveries or partial deliveries, as well as acceptance of a cost offer, the customer recognizes the validity of these terms and conditions in any case. These terms and conditions also apply to all future contractual relationships with customers, unless something else has been expressly agreed. Agreements deviating from these terms and conditions must be in writing.
CONCLUSION OF CONTRACT AND WITHDRAWAL
a. Offers from Popular Pictures are subject to change and non-binding. The contract only comes into effect when the customer confirms the order in writing or when the down payment (agreed in the quote) is made or when Popular Pictures delivers the ordered services without prior confirmation.
b. Should Popular Pictures be prevented from providing a service due to circumstances for which it is not responsible or responsible, in particular due to incorrect or late delivery by suppliers or third parties, late return of rental equipment by the previous tenant, unacceptable weather conditions or weather-related failures, Popular Pictures is entitled to withdraw from the contract.
c. The customer is obliged to accept partial deliveries without requiring his prior consent.
PRICES AND PAYMENT TERMS
a. All rental and production prices are net prices plus VAT (if the reverse charge procedure is not applied). Costs for packaging, postage, freight and parking are charged separately. The invoice amount is due for payment without deduction within the periods specified in the respective quote.
b. All deliveries and services remain the property of Popular Pictures until full payment has been made. This also includes any rights of use that were purchased for individual projects.
a. Default occurs upon receipt of a reminder after the due date, but in any case 30 days after receipt of an invoice or an equivalent request for payment.
b. If the customer defaults on payment, Popular Pictures will charge default interest of 5% above the respective base interest rate of the European Central Bank, subject to the assertion of further rights.
RETENTION, OFFSET AND ASSIGNMENT
a. The right of retention due to counterclaims/counterclaims and offsetting against counterclaims/counterclaims is excluded unless these are undisputed or have been legally established.
b. The assignment of rights and/or the transfer of obligations from the contractual relationship without the express written consent of Popular Pictures is excluded. This does not affect the assignment of rights and/or the transfer of obligations to companies that are associated with the customer within the meaning of §§ 15 ff. AktG.
c. Popular Pictures can transfer rights and obligations from the contractual relationship to third parties at any time with the consent of the customer.
In cases of simple negligent breach of essential contractual obligations, in the case of delay and impossibility as well as outside of essential contractual obligations for gross negligence on the part of simple vicarious agents, liability is limited to the amount of the foreseeable damage typical of the income.
Items and materials given to Popular Pictures are generally not insured by Popular Pictures. The client must ensure adequate insurance cover. The contractor is not liable for lost requests.
STORAGE, ARCHIVING AND PUBLICATION OF DATA AND DOCUMENTS
The raw footage (footage) and all project files including associated assets are copyrighted and owned by Popular Pictures. If the customer wants this data, in particular open project data, to be released, a buyout appropriate to the project must be agreed. The customer bears the costs for the transfer of the data and the data medium. All raw data (footage) created by Popular Pictures for the production as well as raw files and project files are (according to the offer, at the request of the customer) by Popular Pictures with reasonable technical effort and without separate remuneration for a period of one year, starting with the termination of the relevant communication measure, kept. Liability for data loss is generally expressly excluded during archiving. After the retention period has expired or if the contract ends before this period has expired, the documents will be destroyed.
RIGHTS OF USE AND INDEMNIFICATION
a. The customer assures Popular Pictures that he has the appropriate rights of use to reproduce the work and grants Popular Pictures the necessary rights of use to reproduce the work upon conclusion of the contract.
b. The customer assures Popular Pictures that he has the corresponding rights of use for the image, sound and video material supplied and grants Popular Pictures the rights of use required for further processing upon conclusion of the contract.
c. The customer undertakes to indemnify Popular Pictures against all claims asserted by third parties due to unauthorized duplication or delivery and to compensate Popular Pictures for any damage incurred. This also includes the costs of legal prosecution or defense incurred by Popular Pictures.
i.e. Popular Pictures is free to make a director’s cut of any film/video/animation project and publish it on all channels without time restrictions.
COPYRIGHT, REPRODUCTION AND LICENSE RELEASE
a. Popular Pictures owns the copyright to all services rendered.
b. The contractual partner is not entitled to have copies (even in part) of our products made by himself or by third parties. Public performance, lending and renting (even free of charge) are prohibited unless we have given our written consent.
c. The contractual partner grants Popular Pictures the right to appropriately refer to its company on the contractual products, e.g. in a «showreel», a summary of the products for publication on the company website.
i.e. Unless otherwise agreed, a standard license release for worldwide internet use including social networks and video platforms such as Facebook, YouTube or Vimeo applies to all delivered audio and video works for a period of one year. Deviating agreements must be made in writing and noted in the offer.
a. Complaints about defects and other complaints due to obvious defects must be made immediately, at the latest within a cut-off period of 7 days after receipt of the goods (or service) and with the simultaneous sending of the same for inspection purposes.
b. Quality requirements that are subject to subjective assessment, in particular colouring, fluctuations in brightness, fluctuations in contrast or differences in volume, do not justify a warranty claim.
c. The customer’s warranty claims are limited to the right to rectification or replacement delivery, at our discretion. A reasonable period of time is to be granted to Popular Pictures for this purpose. The warranty right expires if the customer has carried out or had carried out repair work, changes to the script or programming code or other changes to the delivered or processed material without our prior written consent. In the event that Popular Pictures fails to rectify the defect or provide a replacement delivery, the customer has the right to choose between a reduction in payment or cancellation of the contract.
i.e. If defects in the delivered material arise after the client himself has modified the original files that were made available or delivered by Popular Pictures, the warranty claim expires. This also applies if the changes do not show any direct connection with the defect that has arisen.
a. Additional deliveries and services will be charged separately. Subsequent changes at the instigation of the customer, author corrections or additional work expenses incurred due to late delivery by the customer (unless mentioned in the KVA) will be charged to the customer.
The customer acknowledges that his personal data is stored at Popular Pictures for his own purposes (Section 33, paragraph 2, number 1 of the Federal Data Protection Act).
If individual provisions of this contract are not legally effective in whole or in part or later lose their legal effectiveness, the validity of the rest of the contract will not be affected. In this case, the ineffective regulation is replaced by an effective regulation that comes as close as possible to the economic purpose pursued with the ineffective regulation.
PLACE OF JURISDICTION AND PERFORMANCE
Place of performance for all contracts is the place of business of Popular Pictures. The place of jurisdiction is Barcelona if the customer is a merchant, a legal entity under public law or a special fund under public law. Deviating from this, Popular Pictures can also sue at the customer’s place of jurisdiction. Any exclusive place of jurisdiction is not affected by this.