GENERAL TERMS AND CONDITIONS OF BUSINESS AND PAYMENT

General Terms and Conditions of Business and Payment
ifbbw Institute for Image Movement GmbH & Co. KG

General Terms and Conditions of Business and Payment for video productions, communications and technical support, post-production, consulting, and other related services. – Effective October 2025

   

 0 General

The ifbbw Institut für Bildbewegung GmbH & Co. KG provides services exclusively on the basis of these terms and conditions of business and payment (hereinafter referred to as the "Terms and Conditions"), which form an integral part of the service contract. They also apply to all future business relationships, even if they are not expressly agreed again. Deviations from these Terms and Conditions are only effective if confirmed in writing by the ifbbw Institut für Bildbewegung GmbH & Co. KG. Verbal assurances do not become part of the service contract. The contractual partner's terms and conditions are hereby rejected. The client's Terms and Conditions therefore do not become part of these contracts unless expressly confirmed in writing by the ifbbw Institut für Bildbewegung GmbH & Co. KG. All prices stated here are exclusive of the applicable value-added tax. All offers are subject to change without notice.

1. Conclusion of contract

The contract for the provision of services in the areas of video production, event production, communication and technical support, post-production, and consulting is concluded via email if the content clearly indicates that an order has been placed. This only applies, however, once acceptance of the order has been confirmed by ifbbw Institut für Bildbewegung GmbH & Co. KG. Acceptance will be confirmed by email, or by post upon special request. If ifbbw Institut für Bildbewegung GmbH & Co. KG makes a delivery without prior confirmation to the buyer, the contract is concluded upon acceptance of the delivery under these conditions. ifbbw Institut für Bildbewegung GmbH & Co. KG is entitled to refuse to conclude a contract without stating reasons. If ifbbw Institut für Bildbewegung GmbH & Co. KG uses third parties to fulfill the agreed services, these third parties do not become contractual partners of the client.

2. Contract duration

Contracts can only be terminated for good cause. Without prejudice to the assertion of outstanding claims, ifbbw Institut für Bildbewegung GmbH & Co. KG reserves the right to charge a reminder fee of €20.00 for late payment of more than two weeks. For late payment of more than three weeks, we reserve the right to charge interest on arrears at a rate of eight percentage points above the base interest rate. Any delay in payment of more than two weeks will also result in the agreed total amount becoming due immediately.

3. Prices

Unless a contractual and explicit price agreement is made, the prices of the currently valid offer apply, which the client confirms knowledge of with their order. If fixed appointments are missed, resulting in production downtime, the invoice will be deducted from any savings.

If the client cancels booked productions with technology and personnel up to ten days before the agreed first day of production, the client will not incur any costs.

If this deadline is not met, the following cancellation fees will apply:

• less than 10 days before start of production: 25% of the total price
• less than 5 days before start of production: 50% of the total price
• less than 3 days before start of production: 75% of the total price
• less than 1 day before start of production: 100% of the total price

These general cancellation fees always apply unless other cancellation deadlines were specifically specified in the respective offer. Any additional cancellation fees incurred by third parties due to the rental of equipment will also be charged to the client at 100%. If the client cancels an order for which no exact production date can be specified (e.g., format development, post-production, consulting, etc.) for reasons beyond the control of ifbbw Institut für Bildbewegung GmbH & Co. KG, ifbbw Institut für Bildbewegung GmbH & Co. KG will invoice the client for the work completed to date, including any conceptual preparatory work.

4. Order processing and remuneration

Upon confirmation of the order, the client must pay the agreed fee to ifbbw Institut für Bildbewegung GmbH & Co. KG. The entire invoice amount is due upon delivery of the completed work and must be paid without deduction within 14 days of receipt of the invoice.

Transfers are made to the business account of ifbbw Institut für Bildbewegung GmbH & Co. KG. Crossed checks are not accepted.

Unless otherwise agreed, our quotes include the production of no more than two revisions. The ifbbw Institut für Bildbewegung GmbH & Co. KG may produce additional revisions, but is not obligated to do so. Providing such revisions free of charge is not customary in the profession. If the completed commissioned work is not used, the remuneration agreed in the offer or order confirmation is still due. Technical and design collaboration and suggestions from the client have no impact on the agreed remuneration, nor do they constitute co-authorship. Additional services, services, and drafts that go beyond the scope of the offer will be charged to the client at EUR 50.00 per hour, unless otherwise agreed. The ifbbw Institut für Bildbewegung GmbH & Co. KG will endeavor to meet the client's requested deadlines as best as possible.

Requirements are:

Compliance with the payment agreement, uninterrupted workflow, timely submission of source materials, copy approvals, or other client specifications, and punctual and complete delivery of raw materials are required. Delivery times will be extended appropriately if the source material submitted to ifbbw Institut für Bildbewegung GmbH & Co. KG is defective or if the workflow is disrupted due to force majeure, strikes, or circumstances beyond the control of ifbbw Institut für Bildbewegung GmbH & Co. KG.

The ifbbw Institut für Bildbewegung GmbH & Co. KG is entitled to commission third parties to fulfill the order. The retention of payments due to any claims the client may have against the ifbbw Institut für Bildbewegung GmbH & Co. KG based on another contractual relationship concluded with the ifbbw Institut für Bildbewegung GmbH & Co. KG is excluded. The client is not permitted to offset our claims against any of their own claims. Payments are due exclusively in euros. When submitting foreign means of payment, in particular checks, the claim shall only be fulfilled to the amount credited after deducting bank charges and other filing costs. Outstanding amounts can be demanded at any time.

5. Warranty

The client is obligated to inspect and accept the services provided by ifbbw Institut für Bildbewegung GmbH & Co. KG immediately upon receipt. Obvious defects or other complaints must be reported in writing immediately, along with the delivery of the defective product, but no later than 14 days after receipt of the goods. If defects or other complaints are not reported within this period, any warranty claims are excluded. This also applies to claims against our vicarious agents. The limitation of liability does not apply if ifbbw Institut für Bildbewegung GmbH & Co. KG or its vicarious agents are guilty of intent or gross negligence.

6. Limitations of liability

ifbbw Institut für Bildbewegung GmbH & Co. KG is not responsible for delivery disruptions due to force majeure, as well as failure to provide briefing or hand over source material by the customer. The customer cannot claim a reduction in their performance obligation for this reason. We assume no liability for the admissibility of the work under competition and trademark law, nor for its protectability. The ifbbw Institut für Bildbewegung GmbH & Co. KG uses materials/templates provided under the condition that the client is authorized to use them, in particular, under copyright and ancillary copyright law.

Upon acceptance of the work, the client assumes full responsibility for the publication. The ifbbw Institut für Bildbewegung GmbH & Co. KG assumes no liability for content or formal errors. The client is responsible for ensuring that the services provided do not violate any legal or official prohibitions or restrictions. If the client fails to fulfill this obligation, they must indemnify the ifbbw Institut für Bildbewegung GmbH & Co. KG from all possible claims by third parties and compensate the ifbbw Institut für Bildbewegung GmbH & Co. KG for any damages resulting from the breach of the duty to provide information.

All applicable GEMA fees shall be borne solely by the client. The client acknowledges that the contractor is obligated to report to GEMA and will comply with this obligation.

7. Disclaimer

The ifbbw Institut für Bildbewegung GmbH & Co. KG is not liable if one or more of the following conditions apply:

• In the event of production disruptions for reasons beyond the responsibility of Ifbbw Institut für Bildbewegung GmbH & Co. KG (e.g. power failure).
• When using third-party equipment rented by the client.
• In the event of delays in setup, rehearsals and/or production resulting from circumstances beyond the responsibility of ifbbw Institut für Bildbewegung GmbH & Co. KG.
• If the power supply is not independent or does not comply with the specifications of the ifbbw Institut für Bildbewegung GmbH & Co. KG.
• If the order is carried out with limited personnel at the client's request.
• If the material is presented in a manner contrary to the specifications of ifbbw Institut für Bildbewegung GmbH & Co. KG (particularly with regard to quality, formats, resolution, standards).
• In the event of accidents involving personnel caused by trades or circumstances outside the area of responsibility of ifbbw Institut für Bildbewegung GmbH & Co. KG.
• If production requirements are not met, both spatially and in terms of temperature, light and/or sound conditions.
• In case of insufficient security of the production site and/or accessibility by unauthorized persons and/or resulting damage to the production equipment or impairment of the production process.

Technical equipment lists, technical and meeting minutes, and schedules are automatically accepted 24 hours after receipt. The client cannot derive any claims against ifbbw Institut für Bildbewegung GmbH & Co. KG for any subsequent objections.

8. Property rights and copyright

All products created by us remain the property of ifbbw Institut für Bildbewegung GmbH & Co. KG until full payment has been made.

9. Labeling

The ifbbw Institut für Bildbewegung GmbH & Co. KG reserves the right to include copyright and imprint information in its work. For television productions broadcast live and/or as a recording, the client undertakes to name the ifbbw Institut für Bildbewegung GmbH & Co. KG in the credits, including the department and core name IFBBW.

10. Reservation of performance

Should the above-mentioned requirements and/or the payment conditions not be complied with by the client, ifbbw Institut für Bildbewegung GmbH & Co. KG expressly reserves the right to refuse to provide the service.

11. Confidentiality and data protection

The ifbbw Institut für Bildbewegung GmbH & Co. KG hereby informs you, in accordance with the Federal Data Protection Act (BDSG) and the Information and Communications Services Act (IuKDG), that your personal data will be stored in machine-readable form and processed mechanically. We will store and use your personal data exclusively to process your inquiry or order and will not pass it on to third parties. Excluded from this are service providers who require the transmission of data to process the order (e.g., post office, bank). The ifbbw Institut für Bildbewegung GmbH & Co. KG undertakes to treat information provided in the course of work on a production that is not part of the project to be published as strictly confidential. Unless expressly agreed in writing, the information submitted by the ifbbw Institut für Bildbewegung GmbH & Co. KG is also considered confidential.

12. Place of performance, place of jurisdiction, application of law

The place of performance and jurisdiction is Berlin. The law of the Federal Republic of Germany shall apply exclusively.

13. Severability clause

Should one or more provisions of this agreement be legally invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provisions shall be retroactively replaced by a provision that is as similar in content as possible and that most closely approximates the intended purpose.