Terms and Conditions

These Terms regulate all contracts between the Contractor and the Client in commercial or institutional legal transactions. The range of services of the Contractor includes in particular:

• Voice recordings and voiceovers for companies, institutions and authorities
• Production of explainer videos, image films, commercials and e-learning content
• Podcasts, radio plays, audio descriptions and barrier free audio content
• Music productions, scoring and sound design
• Mixing and mastering
• Post recording, dubbing and post production
• Remote productions, online sessions and online coachings
• Workshops and corporate training in the audio sector
• Other audio production and studio services

The contractual language is exclusively German. German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Deviating, conflicting or supplementary terms of the Client do not become part of the contract, even if the Contractor performs the service with knowledge of these conditions.

1.1 Offers of the Contractor are subject to change and non binding. A binding contract is only concluded by written or electronic order confirmation of the Contractor or by commencement of the performance of services after written or electronic commissioning by the Client.

1.2 Oral or telephone agreements, assurances and arrangements are only binding if they are subsequently confirmed by the Contractor in writing or electronically.

1.3 The Contractor requests order confirmations from the Client in writing or by email, stating the date. The Client undertakes to provide all information essential for placing the order completely and correctly. Subsequently identified errors or incomplete information on the part of the Client are at his expense.

1.4 The Contractor is entitled to reject orders, in particular if:

• there are justified doubts about the solvency or willingness to pay of the Client
• the Client cannot prove sufficient legal authority for the commissioned project
• the project violates applicable law or has illegal content as its subject
• content raises moral concerns, is discriminatory, extremist or otherwise inadmissible
• essential information of the Client is incorrect or incomplete
• there is a threat of endangering studio, equipment, personnel or third parties

1.5 If the Contractor rejects an order, he informs the Client without delay. There is no entitlement to a justification.

1.6 The Contractor may accept orders in part or propose alternatives, insofar as this is necessary to limit risks or to appropriately manage the effort.

2.1 The scope of services results exclusively from the respective description of services in the offer, contract or booking confirmation. All services and deliveries are made at the expense and risk of the Client, unless expressly agreed otherwise in writing.

2.2 Special services, rush orders, individual formats as well as services rendered outside regular business hours are agreed and charged separately. A working day comprises 8 working hours. Overruns are charged on a pro rata basis.

2.3 The Contractor is entitled to use suitable subcontractors, freelancers or external specialists for the performance of the services. The contractual partner of the Client always remains the Contractor.

2.4 The Contractor is not obliged to check whether the content commissioned by the Client is subject to approval requirements or violates legal regulations. If such a violation exists, the Client is liable to the Contractor for all resulting disadvantages, damages and costs in full.

2.5 The Client is himself responsible for ensuring that all technical requirements for uploads, publications, streaming platforms, broadcast and distribution channels are met. Rejections, delays or revisions for these reasons are entirely at the expense of the Client.

2.6 Date commitments for processing and production operations are made to the best of our knowledge and belief, but without guarantee. The Contractor assumes no liability for delays attributable to third parties (e.g. voice talents, performers, musicians, distributors, copy houses).

2.7 In the case of remote productions and online sessions, the Client is solely responsible for hardware, software, internet access, power supply and data backup. Failures or delays on the part of the Client do not entitle him to reduce the agreed remuneration.

2.8 Should a production not be able to be brought to completion within the time booked by the Client without demonstrable fault of the Contractor, the Contractor is not obliged to bring the production to completion. The agreed remuneration remains due in full.

3.1 The Client undertakes to provide all materials, scripts, texts, information, releases, access data and rights required for the performance of services completely, in suitable form and without prompting at the latest 14 days before the agreed production date.

3.2 By placing the order, the Client expressly confirms that he has or has effectively obtained all required copyright, usage, ancillary copyright, trademark and other rights to the provided materials.

3.3 Delays in the performance of services as a result of duties of cooperation of the Client not fulfilled, not fulfilled on time or fulfilled incompletely entitle the Contractor to adjust deadlines accordingly, to charge additional costs separately and to appropriately adjust the priority of the order. The Client bears the additional costs.

3.4 The Client is liable for ensuring that all content provided by him is lawful, complete, correct and legally permissible for the intended purpose.

3.5 The Client indemnifies the Contractor against all justified third party claims arising from provided content or from the Client's area of responsibility, including the necessary costs of legal defense.

3.6 The Client ensures that provided content is free of third party rights and does not include illegal, discriminatory, extremist, defamatory, pornographic or otherwise inadmissible content.

3.7 If minors are used for a project, the express written consent of a parent or guardian must be obtained before the start of production.

3.8 The Client and his accompanying persons may only use studio equipment, devices and software with express instructions from the Contractor.

4.1 The Client is obliged to check provided services and project results without delay, but at the latest within 10 working days after provision, and either to formally accept them or to notify identified defects in writing with a specific description.

4.2 Acceptance is deemed to have been granted if the Client:

• has neither declared express acceptance nor reported defects in writing within the acceptance period,
• actually uses, publishes, distributes or otherwise productively employs the results, or
• arranges for further processing, marketing or publication based on the transmitted results.

4.3 Insignificant defects that do not significantly impair the usability of the work do not entitle the Client to refuse acceptance.

4.4 Upon acceptance or validity of the acceptance fiction, the warranty period in accordance with Section 5 of these Terms begins.

5.1 Claims for defects require that the Client reports identified defects without delay and in writing. Recognizable defects must be reported in writing at the latest within 5 working days after acceptance or provision of the service, with precise designation of the complaint. Hidden defects must be reported in writing without delay after their discovery.

5.2 The notice of defects must describe the type, extent and characteristic of the reported defect so precisely that an appropriate examination and subsequent performance is possible. Flat rate complaints without specific defect description are not sufficient.

5.3 Defects that would have been recognizable upon proper examination and were not reported in a timely and proper manner are deemed to have been approved. Warranty claims due to such defects are excluded.

5.4 Invoice complaints must be asserted in writing with the Contractor within 8 days of receipt of the invoice. After expiry of this period, the invoice is deemed to have been recognized.

5.5 The warranty period is 12 months from acceptance. The statutory limitation periods for claims for damages due to intent or gross negligence as well as due to injury to life, body or health remain unaffected.

5.6 In the case of justified notices of defects, the Contractor has the right to subsequent performance. The Client sets a reasonable deadline for this. If subsequent performance fails within two attempts or if the Contractor finally refuses it, the Client is entitled to the statutory secondary rights (reduction, withdrawal).

5.7 There is no warranty obligation if defects are based on materials, scripts, specifications or information of the Client, are attributable to subsequent interventions by the Client or third parties, or have arisen through improper use.

5.8 For processing damages to image and sound material that the Client provides, the Contractor is only liable up to the material value of the relevant data carrier. For damages to irretrievable or hard to replace recordings, the liability is limited to the pure material value.

6.1 The prices agreed in the offer, contract or booking confirmation apply. All prices are exclusive of the statutory value added tax applicable at the time of the performance of services, unless expressly stated otherwise. Travel and transport costs are charged separately, unless agreed otherwise in writing. External services by voice talents, musicians or other third parties are only part of the Contractor'''s invoice if this has been expressly agreed in writing. Otherwise, these services are agreed and billed separately directly between the client and the third party provider.

6.2 Invoices are due net within 30 days from the invoice date without deduction. Payment is deemed to have been made when the invoice amount has been credited in full to the Contractor's account.

6.3 Settlement is generally made on an invoice basis. In the case of larger productions, rush orders or increased effort, the Contractor is entitled to demand a reasonable advance payment or staggered instalment payments. The type and amount of instalment payments are determined in the offer or in the order confirmation.

6.4 In the event of default in payment, the Contractor is entitled:

• to charge default interest at a rate of 9 percentage points above the respective base interest rate in accordance with Section 288 Para. 2 BGB
• to claim a reminder flat rate of EUR 40.00 in accordance with Section 288 Para. 5 BGB
• to assert further claims for damages

6.5 Final results, export files, releases as well as the granting of rights of use only take place after full payment of the agreed remuneration. The use of a studio production is only deemed permissible once the invoice has been paid in full.

6.6 Raw data, project files, session data and other intermediate states remain the property of the Contractor until full payment.

6.7 In the case of significant default in payment, the Contractor is entitled to immediately suspend ongoing services and to demand advance payment for the remaining production.

6.8 Offsetting with counterclaims of the Client is only permissible with undisputed or legally established claims. A right of retention can only be asserted if it is based on the same contractual relationship.

7.1 Included in the agreed price is exclusively what is expressly indicated in the description of services of the offer or contract. Revisions are only included if and insofar as this is expressly indicated in the offer.

7.2 Any revision or change request that goes beyond the agreed scope of services is subject to a charge and is calculated according to effort or by separate agreement.

7.3 Before the start of paid revisions, the Contractor informs the Client of the expected costs. The Client's consent must be given in writing or by email. Confirmation by email is deemed effective consent.

7.4 The Client is obliged to communicate feedback and change requests in a bundled, clear and traceable manner. Iterative individual feedback that leads to repeated partial revisions can be charged as independent, paid revision rounds.

7.5 A service is deemed released upon the occurrence of the acceptance fiction in accordance with Section 4 of these Terms or as soon as the Client gives express release.

8.1 There is no statutory right of revocation in commercial transactions between entrepreneurs (B2B). Cancellations and withdrawals are governed by these Terms and the statutory provisions.

8.2 Appointments can be cancelled or postponed free of charge in writing or electronically up to 3 working days before the agreed start. Cancellations must always be made in writing.

8.3 In the case of cancellation within the following deadlines before the agreed appointment as well as in the case of non appearance without cancellation, the following cancellation flat rates apply:

• Cancellation 48 to 72 hours before appointment: 50 % of the agreed fee
• Cancellation less than 48 hours before appointment or non appearance: 100 % of the agreed fee

The Client reserves the right to prove that no damage or significantly less damage has occurred.

8.4 If the Client cannot attend an appointment for health reasons and proves this with a medical certificate, the cancellation flat rate is waived. The appointment can be postponed once free of charge. The certificate must be transmitted to the Contractor without delay after the cancellation.

8.5 Services already commenced, prepared productions, reserved external services as well as individually prepared project elements will be charged in any case, insofar as they have been rendered or bindingly arranged.

8.6 The Client may only withdraw from a production already begun with the express consent of the Contractor. Already incurred remuneration claims remain in full.

8.7 The Contractor is entitled to terminate a contract for good cause with immediate effect, in particular in the case of significant default in payment, gross breach of duty, violation of the house rules or judicially established insolvency of the Client. Incurred remuneration claims remain unaffected.

9.1 All appointments take place exclusively after prior booking and written confirmation by the Contractor. Spontaneous visits without an appointment are excluded.

9.2 Agreed appointments are binding for both parties. In the case of an unannounced delay by the Client, the studio time is calculated from the agreed appointment.

9.3 Appointment changes by the Client must be notified in writing or electronically. They require the written or electronic confirmation of the Contractor to be effective.

9.4 In the case of force majeure, illness, natural events, technical disruptions, network or power failure or other events for which the Contractor is not responsible, the Contractor is entitled to postpone appointments, extend deadlines or terminate orders in whole or in part. Liability of the Contractor for such events is excluded, insofar as the impairment is not based on intent or gross negligence of the Contractor.

9.5 Claims for damages of the Client due to appointment delay or failure, in particular due to consequential damages or lost profit, are limited to cases of intent or gross negligence of the Contractor.

9.6 The Contractor is entitled to suspend services until due payments have been settled in full or outstanding duties of cooperation have been fulfilled.

10.1 All services rendered by the Contractor are copyright protected works within the meaning of the UrhG, insofar as the legal protection requirements are met. The copyright remains with the Contractor. The Client is granted exclusively rights of use, no property rights to the work itself.

10.2 After full payment of the agreed remuneration, the Contractor grants the Client a simple right of use to the final results for the purpose defined in the order or offer, unless expressly agreed otherwise in writing.

10.3 If more extensive rights are to be granted to the Client, in particular an exclusive right of use, rights of use unrestricted in time, space or subject matter or the right of transfer to third parties, this requires a separate written agreement and leads to a correspondingly adjusted remuneration.

10.4 If the Contractor is involved in the content design process (e.g. conception, script writing, creative composition), he is the sole owner of all exploitation rights to his work as the author. The subject of the contractual relationship in this case is the assignment of copyright rights of use. The transfer of these rights of use to third parties is only permissible with the written consent of the Contractor.

10.5 Not part of the granting of rights are third party rights to materials provided by the Client (scripts, texts, beats, samples, music, logos, images etc.). The clarification of these rights is exclusively the responsibility of the Client.

10.6 Raw files, project data and session files are only part of the transfer or granting of rights if this has been expressly agreed in writing.

10.7 A use of results or production excerpts by the Contractor for reference or advertising purposes only takes place with prior express written consent of the Client.

10.8 The Client indemnifies the Contractor against all third party claims arising due to violation of copyrights, ancillary copyrights, trademark rights, personal rights or other protective rights from provided content or the Client's area of responsibility.

11.1 Payments by the Client to the Contractor do not include the remuneration obligation to GEMA (Society for Musical Performing and Mechanical Reproduction Rights) and related collecting societies.

11.2 If, at the request of the Client, GEMA protected works, licensed music or other content relevant under protective rights are used in the context of orders, the clarification and procurement of all required third party rights as well as the payment of incurring license fees is exclusively the responsibility of the Client.

11.3 The Contractor can, at the request of the Client, act in an advisory capacity in the clarification of GEMA related or protective rights questions. There is no entitlement to this; such a service is remunerated separately.

12.1 The obligation to retain project data and recordings ends for the Contractor after expiry of 12 months after the start of production, unless a longer retention period has been agreed in writing.

12.2 A separate, longer archiving can be agreed individually and is subject to a charge.

12.3 After expiry of the retention period, data can be irrevocably deleted without prior notice. There is no entitlement of the Client to archiving after completion of the order.

12.4 Documents, materials or data carriers handed over to the Client must be returned after termination of the order at the request of the Contractor. By charging expense compensation for the production of documents, the Client does not acquire ownership of them.

12.5 For data losses, failed transmissions or faulty backups, the Contractor is only liable in case of intent or gross negligence.

13.1 The Contractor is liable without limitation in cases of intent and gross negligence as well as in cases of injury to life, body or health.

13.2 In cases of slight negligence, the Contractor is only liable for the violation of essential contractual obligations (cardinal obligations). Liability is in these cases limited to the damage typically foreseeable at the conclusion of the contract.

13.3 If the Contractor falls into default of performance or his service is defective for reasons for which he is not responsible, the liability of the Contractor for damages is generally excluded.

13.4 Claims for damages of the Client due to non performance are only entitled to him in the amount of the foreseeable damage if the default is based on intent or gross negligence of the Contractor. Otherwise, the liability for damages is limited to 50 % of the damage that has occurred, but at most to the order value.

13.5 Liability for indirect damages, lost profit, missed savings or other consequential damages is excluded, insofar as there is no violation of cardinal obligations, no intent and no gross negligence.

13.6 The Contractor is not liable for hearing damage that arises to the Client, his representatives or other studio visitors during or after productions.

13.7 For damage to brought along or stored equipment, instruments and personal belongings of the Client or his accompanying persons, the Contractor assumes no liability.

13.8 For damage caused by software, cloud services, devices or services of third parties, the Contractor is only liable insofar as such damage has arisen in his direct area of responsibility.

13.9 For damage to studio equipment, the premises or other facilities caused by the Client or his accompanying persons, the Client is liable to the Contractor in full.

13.10 The limitations of liability apply accordingly in favor of the vicarious agents and subcontractors of the Contractor.

13.11 The use of the services does not constitute a guarantee for a specific economic, communicative, technical or artistic success. Reach, marketing results, platform performance or business results cannot be assured, unless this has been expressly agreed in writing.

14.1 Both parties undertake to treat all confidential information of the respective other party that becomes known in the context of the collaboration as strictly confidential and not to pass it on to third parties, unless a legal obligation or the execution of the contract expressly requires this.

14.2 Particularly considered confidential are: unpublished scripts, texts, voice recordings, campaign content, production documents, internal project information, price information, business data as well as all other information of the Client marked as confidential or recognizably confidential.

14.3 The confidentiality obligation applies equally to both parties and continues beyond the end of the contractual relationship, as long as the information in question is not generally known.

14.4 If an order requires a separate non disclosure agreement (NDA) due to its sensitivity, the Client may demand the conclusion of an individual NDA before the start of production. The Contractor is prepared to conclude a corresponding NDA at the request of the Client.

14.5 Personal data are only processed insofar as this is necessary for the execution of the order, communication, invoicing and contract handling. Details are regulated by the Privacy Policy.

14.6 Insofar as commissioned processing of personal data within the meaning of Art. 28 GDPR takes place in the course of the performance of services (e.g. for voice recordings with personal content), the parties will conclude a separate data processing agreement (DPA).

15.1 The Client and all persons commissioned or brought along by him are obliged to observe and follow the studio's house rules as well as all notices and instructions of the Contractor on site.

15.2 Food and liquids may not be placed or stored near technical equipment. Smoking is not permitted in the studio.

15.3 Gross violations of the house rules, disrespectful, harassing or threatening behavior towards the Contractor or third parties can lead to the immediate termination of the ongoing session. The agreed remuneration remains due in full.

15.4 The Client is liable for all damage to studio equipment, premises or other facilities caused by himself, his representatives or accompanying persons.

15.5 The Contractor is not liable for brought along equipment, instruments or personal belongings. The Client and his accompaniment are themselves responsible for their own devices and personal belongings.

16.1 The Terms of the Contractor valid at the time of conclusion of the contract apply, unless an expressly deviating written agreement has been made.

16.2 Changes and additions to these Terms, deviating individual agreements as well as the cancellation of the written form requirement itself require the written form.

16.3 Deviations from these Terms, supplementary agreements and side agreements require the written form or express written confirmation by the Contractor.

16.4 Should a provision of these Terms be or become invalid in whole or in part, this does not affect the validity of the remaining provisions. In place of the invalid provision, the effective regulation that comes closest to the meaning and purpose of the invalid provision and which both parties would have agreed upon knowing of the invalidity shall take effect. Both parties undertake to cooperate in a corresponding clarification.

16.5 Place of performance for all services is the business location of the Contractor in Leipzig.

16.6 Place of jurisdiction for all disputes arising from or in connection with these Terms is Leipzig, insofar as the Client is a merchant, a legal entity under public law, a public law special fund or has no general place of jurisdiction in Germany. The Contractor is also entitled to sue the Client at his general place of jurisdiction.

16.7 Exclusively the law of the Federal Republic of Germany applies. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

16.8 The Contractor is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. In B2B transactions, the ordinary courts are available to the parties.