General Terms and Conditions

As of: 10. June 2020

General

  1. These terms and conditions, from now on referred to as "GTC", apply to all orders placed with Marketing-Abteilung GmbH, after this "MKAB". They are agreed if not actively opposed in the context of the award of the contract.
  2. Recordings within the meaning of these terms and conditions are all products created by MKAB, regardless of the medium in which they are available (for example as negatives, printed, digital pictures, videos etc.).

Use and dissemination

  1. Unless otherwise agreed in writing, the recordings made by MKAB are only intended for use by the client.
  2. Negatives or RAW files, hereinafter "originals", remain with MKAB.
  3. The client is not allowed to change transferred recordings.
  4. Agreed rights of use transfer to the client after full fulfilment of the together agreed fee. Until then, the client has no claim for usage.

Obligations of the client

  1. The client assures that he has all necessary rights (e.g. reproduction or usage rights) as well as consents of portrayed persons in accordance with bilateral usage.
  2. If the client wishes to make changes during or after the production, he has to bear the resulting additional costs. MKAB retains the right to remuneration for work already started.
  3. A fee will be charged for the production of the recordings. Additional costs such as travel expenses, model fees, expenses, props, material costs, studio rent, etc. are, if not listed in the offer, to be borne by the client separately.
  4. Invoices are payable within 20 days without deduction.

Liability & Privacy

  1. For the breach of duties, which are not directly related to contractual obligations, MKAB is liable for itself and its vicarious agents in case of intent or gross negligence.
  2. All information disclosed to MKAB under a contract can be saved. MKAB undertakes to keep this information confidential and to ensure its security with reasonable effort.
  3. MKAB keeps the originals carefully and reserves the right to destroy them after completion of the order.

Others

  1. MKAB reserves the right to inform existing customers about changes, promotions or to ask them about their satisfaction after completion of an order.

Final provisions

  1. A violation of the agreement entitles MKAB to claim for damages.
  2. Jurisdiction is Hitzkirch in the canton of Lucerne, Switzerland.
  3. Further or deviating agreements must be made in writing.
  4. If a passage from these terms and conditions violates applicable law and thus ineffective, the rest of it remains unaffected.
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