General Terms and Conditions (GTC) | Frame Base® Media Group

§ 1 Scope of application

Our business relationship with you is governed exclusively by the following General Terms and Conditions in the version valid at the time the order is placed. We cannot recognize and reject any deviating terms and conditions unless we have expressly agreed to their validity in writing. We reserve the right to amend these General Terms and Conditions with effect for the future. If we have made individual agreements, these shall take precedence over the GTC.

You will be notified of any amendments to the GTC and these shall be deemed to have been agreed if you do not object to the amended GTC in writing within two weeks; you will be expressly informed of the significance of silence and of the specific amended clauses in the notification.

§ 2 Conclusion of contract

Our contract is concluded when you agree to an estimate sent digitally or by post in writing or when we send you an order confirmation in text form or when a separate contract document (agency contract) is signed by both partners. Subsequent changes to the content of the service require our written consent.

Via our online customer area: By activating the order placement function, you submit a binding offer to purchase the lines/products listed in the shopping cart. For online orders, you will immediately receive an automatically generated confirmation of receipt of your order. However, this does not yet constitute our declaration of acceptance. The contract is only concluded when you receive our order confirmation.

§ 3 Right of withdrawal for consumers

If you are a consumer and have placed your order online, by e-mail, letter, telephone or fax, you have a statutory right of withdrawal. A consumer within the meaning of Section 13 BGB is any natural person who concludes a contract for a purpose that cannot be attributed to their commercial or independent professional activity.

§ 4 Prices/scope of services/special services

Our prices are net prices. They do not include the applicable sales tax. If you are a consumer, we will inform you of the gross price including any shipping costs. Unless otherwise agreed in individual contracts, our price list shall apply. We will inform you of any changes to the price list. They shall be deemed to have been agreed if you do not object to the amended price list in writing within 14 days; you will be expressly informed of the significance of silence and of the specifically amended clauses in the notification. If our business relationship extends beyond the respective individual orders (e.g. package offer, framework agreement, etc.), the prices at the time of conclusion of the contract shall naturally apply. After expiry of the minimum contract term, you may terminate the contract within a cut-off period of two weeks after we have informed you of the new price list.

Services that we provide up to the end of the contract shall be remunerated. We are free in the design and execution of the orders. We may also commission qualified third parties for implementation. Cost estimates ("calculation") provided by us are approximate and non-binding calculations which are not to be regarded as cost estimates in accordance with § 649 BGB. Services exceeding the originally agreed scope of the order shall in any case be remunerated separately on a time and material basis (hourly rates). Prior notification of cost overruns is not mandatory, nor does a lack of notification lead to a loss of entitlement.

The exact scope of services is set out in a service description (e.g. calculation). We have freedom of design within the agreed service if there are several professional options for implementation.

We invoice the concept creation at the hourly administration rate. If you accept the concept, we charge the difference at the hourly concept rate. We are also happy to prepare a specification sheet for you. The costs for this will be charged in addition to the hourly administration rate.
will be charged.

If we carry out filming or photo productions for you, one day includes services for the duration of 7 hours excluding one hour break. Arrival and departure are charged separately according to our price list, as are board and lodging.

Our scope of services includes a correction (so-called "revision loop") if this is requested at least in text form within 5 working days after submission of the work. By correction we mean modifications to the work within the framework of the agreed concept from existing content (different arrangement of the images, different image section, image replacement).

Changes (e.g. use/creation of new image material, changes to approved or specified texts, new voice-overs, changes to specified or agreed music, changes to motion graphics) will be charged separately at the agreed hourly rates.

Cash outlays, expenses and services that are not explicitly included in the agreed scope of services shall be invoiced separately.

We can provide services ourselves or use expert subcontractors. Production orders to third parties are concluded in consultation with you, in your name and for your account.

If we are to register domains for you, we will do so on the terms and conditions of the respective provider, which you will also accept. In connection with the registration of domains, we only owe you our best efforts - due to many facts that are not within our sphere of influence.

If we host programs or data or maintain systems for you, we do not owe any specific availability, failure or data security. Unless individually agreed, no specific response time is owed either.

Insofar as we support you with search engine optimization, we owe a suitable execution to achieve the goal, but not the achievement of specific goals.

If we design graphics or similar, our scope of services includes a draft, including minor corrections. If we do not meet your taste, the creation of further drafts shall be remunerated separately. If we produce printed works for you, deviations due to technical reasons shall be deemed to be in accordance with the contract.

Should you as the client fail to provide the service, you shall owe the entire agreed fee, unless we are guilty of gross negligence or willful misconduct. If you terminate the contract prematurely, you will still owe the entire agreed fee. The same applies if you change our work without involving us. Offsetting in accordance with § 648 BGB is excluded.

§ 5 Requirements for smooth implementation

The basis for successful cooperation is a detailed briefing from you as our customer. You must therefore provide us with all information and documents required for the provision of the service in a timely and complete manner. You must inform us of all circumstances that are important for the execution of the order, even if these only become known during the execution of the order. Additional expenses incurred as a result of incorrect, incomplete or subsequently changed information shall be paid separately.

In addition to the required media content elements, you also provide us with all texts, slogans, as well as access and passwords for platforms, domains and networks that we need for the production or implementation of a campaign.

If we have to take care of access or similar ourselves, we will charge for the work involved at an hourly rate, even for flat-rate offers. The filming/shooting locations must be freely accessible, tidy and free from sources of danger. Documents containing confidential information/data (customers, client names, etc.) must be stored outside the shooting locations.

You will be responsible for any damage caused by obstacles. You will secure loose objects sufficiently before we begin our work, as well as valuables. Sufficient power connections are available. We, our subcontractors or other third parties commissioned by us shall only be liable for foreseeable damage typical of the contract in the event of gross negligence and intent, unless personal injury is involved.

§ 6 Rights and licenses

Once our fee has been paid in full, we transfer to you an irrevocable, non-transferable, non-exclusive right of use, unlimited in terms of time and place
unlimited, non-transferable, non-exclusive right of use exclusively for the online utilization of the end products created by us. The same applies to all protectable work results such as texts, slogans, claims, etc. Other types of exploitation (e.g. print, broadcast) can be licensed by agreement for an appropriate fee. Please contact us if required.

We are also happy to provide you with raw material produced by us by separate agreement. We license raw material by the second. Please understand that we can only license and release whole clips.

If you provide us with materials that enjoy copyright protection (e.g. music, images, films, texts, graphics, logos, etc.), you guarantee us that you are the exclusive rights holder and grant us permission to use these materials in our works created for you. You shall indemnify us against any claims by third parties, including all legal costs, and shall provide us with access to documents and information in the event of a claim and support us in our defense against claims.

Before the start of the shoot/filming, you shall ensure that you have obtained the consent of all persons who appear in the images or films, as well as consent to filming/photography at the locations in question. If the consent of the persons depicted is not available or is effectively revoked, we shall not be liable for this. In this case, you shall indemnify us against any third-party claims. We will gladly attempt to remove such persons from pictures/films - by agreement and for a separate fee.

We may name you as our customer in our references and use your logos and trademarks for this purpose only. We may also publish sequences for this purpose - even during production (e.g. in our social media stories, etc.) If trade secrets prevent us from showing content produced by you for reference purposes, please inform us in text form before the start of production.

§ 7 Terms of payment

Our fee is due without deductions 2 weeks from the invoice date. We can invoice payments on account depending on the stage of work.

§ 8 Offsetting, retention

You are only entitled to offset if your counterclaims have been legally established or recognized by us. Furthermore, you are only entitled to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.

§ 9 Dates

Delivery and submission deadlines are only binding if we have agreed them in writing. In the event of delays for which we are not responsible - e.g. also in the event of a breach of your obligations to cooperate or payment - the dates and deadlines that we have agreed shall be extended accordingly.

§ 10 Warranty

After delivery of our productions, you shall notify us of any objections in text form within five working days. Our performance shall then be deemed approved.

§ 11 Data protection

We use your personal/company-related data exclusively for purposes relating to your order, e.g. for information on your order and for internal customer analyses. Personal data will of course be treated confidentially and will not be passed on to third parties. Please also take note of our privacy policy. You can find it under the following link:
https://frame-base.de/datenschutzerklaerung

We have the use of our homepage monitored by third-party providers (e-tracker) in order to constantly improve our offer. As a customer, you expressly consent to the collection, processing and use of the data received in connection with the business relationship within the scope of our privacy policy. You have the right to information as well as the right to correct, block and delete all personal data.

§ 13 Choice of law and place of jurisdiction

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For customers who are not consumers within the meaning of Section 13 BGB, the place of performance and exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be our registered office. We are also at liberty to bring an action at your registered office.