General Terms and Conditions

1. general

These terms and conditions apply to all transactions between customers and "Artis Mastering." They are an integral part of every offer and every contract and apply within the meaning of § 1 para. 1 Z 2 of the Consumer Protection Act BGBl No. 140/1979 in the currently valid version insofar as they do not contradict the provisions of the first main section of this Act. Conflicting terms and conditions of the customer shall only be effective if they are expressly recognized by Artis Mastering in writing, and the studio shall only be legally bound by the company's confirmation of the offer or the signing of the contract and - if applicable - the payment of a deposit.

2. services and cost allocation

The services are invoiced at hourly rates or at a flat rate, whereby the time measured by Artis Mastering is always decisive. Each half hour started will be charged in full. Cost estimates are always non-binding. If it is foreseeable that the actual costs will exceed Artis Mastering's written estimate by more than 20%, the customer shall be informed of the higher costs. If the customer does not object to this in writing within 3 days of this notification and at the same time discloses more cost-effective alternatives, the cost overrun shall be deemed to have been approved.all services that are not expressly covered by the agreed fee shall be remunerated separately. This applies in particular to ancillary services provided by Artis Mastering. Cash expenses such as courier services, shipping costs and travel expenses shall be reimbursed by the customer, and all work by Artis Mastering that is not carried out by the customer for whatever reason shall be invoiced. Upon payment of the costs, the customer does not acquire any rights; concepts or designs that are not executed must be returned to Artis Mastering immediately; the prices and services offered are only valid during business hours. The studio may additionally charge overtime rates of 50% (Mon-Fri from 18:00 to 20:00) or 100% (Mon-Fri from 20:00 to 9:00, and Sat and Sun from 00:00 to 24:00). This applies in particular if the statutory normal working hours stipulated in the collective agreement of the audio-visual and film industry trade group are exceeded. voice talents always invoice the customer directly, unless otherwise agreed. The studio accepts no responsibility for speakers who - for whatever reason - charge outside the tariff list.

3. manufacture, modification, acceptance, delivery period

Production shall commence at the agreed time after the contract has been concluded and a down payment has been made. Artis Mastering accepts no responsibility whatsoever for data, audio files or recordings supplied by customers that are defective. It accepts no responsibility for canceled or postponed deadlines for which the studio itself is not responsible. In such cases, the customer shall be responsible for the payment of any fees incurred as a result of the cancellation. appointments must be canceled at least 24 hours before the start of the recording, otherwise they will be invoiced. The technical design of the recording is the responsibility of the studio, acceptance by the client takes place by demonstration, transmission of a reference sound carrier or digital provision of reference files (WAV, MP3, ...) Finished services must be accepted by the client and released for dispatch. Acceptance signifies approval of the technical quality. Any complaints must be notified to Artis Mastering within 3 working days of performance at the latest, stating the reasons. Later complaints are excluded. If the client wishes to make changes after acceptance of the service, these must be communicated in writing. Artis Mastering is obliged and solely entitled to make changes. Such changes shall be at the expense of the client. The same applies if the client's suggestions for changes result in a different price calculation than the one approved before the start of production.delivery deadlines or dates are non-binding. Non-compliance with delivery deadlines or dates shall not release the client from the obligation to accept the goods. The client shall bear the costs and risks of delivery. The Studio is not obliged to store the original sound material.

4. liability

Artis Mastering undertakes to produce a technically flawless product. In the case of masters transmitted for the duplication of media and sound carriers, the studio shall only assume responsibility for the technical suitability for duplication of those master CDs (PMCD), DDP masters and master files marked as master media. The reproduction of 'Listening Copies', reference CDs or other files and media that are not expressly marked as masters is at the risk of the customer. The client shall be responsible for the content and shall receive a copy of the document for checking purposes.Artis Mastering shall endeavor to meet the agreed deadlines. If the deadlines are not met, the customer shall only be entitled to assert the statutory rights to which he is entitled after a grace period of 14 days has been granted. This period begins after a reminder has been sent to Artis Mastering. Artis Mastering shall only be obliged to pay compensation in the event of intent or gross negligence on the part of Artis Mastering. Force majeure and other unavoidable or unforeseeable events shall in any case release Artis Mastering from compliance with the agreed deadline; if a circumstance occurs during the production of the recording (of the sound carrier) which makes the contractual production impossible, Artis Mastering shall only be responsible for intent and gross negligence. This also applies in the event of late completion. The impossibility of production or late completion of the sound carrier, for which neither the studio nor the client is responsible, shall only entitle the client to withdraw from the contract, but the services rendered so far shall be paid to the recording studio, and material defects recognized by the studio shall be remedied by the studio. If these corrections cannot be carried out without the cooperation of the client, the company may consider the contract to be fulfilled after the fruitless expiry of a period of at least two weeks set for carrying out the corresponding actions. The Studio is entitled to refuse to rectify the defects until the payments due at the time of the correction have been made. In the event of loss and/or negligent damage to materials handed over to the Studio by the client for processing, liability is limited only to the replacement delivery of sound and/or image carrier material in the number or length of the lost or damaged parts, but not their recordings or content. No replacement will be provided in the event of damage to computer data carriers. Artis Mastering is under no obligation to take out insurance.

5. terms of payment

Artis Mastering's invoices are due promptly and without any deductions from the date of invoice. In the event of late payment, Artis Mastering shall be entitled to charge 12% interest per annum as well as reminder fees. The Customer shall be obliged to pay all costs incurred by the Contractor for debt collection, in particular the costs of a licensed debt collection agency in accordance with the provisions of the German Civil Code. Fee guidelines of the Federal Chamber of Commerce 1993, limited in accordance with BGBL 141/1996 incl. Artis Mastering shall be entitled to issue partial invoices and to demand advance payment.

6. copyrights, exploitation rights

All services and rights arising from services shall remain the property of the studio until full payment of all claims against the client arising from the business relationship (including interest and ancillary costs). A resale or other disposal by the client is not permitted and ineffective during the continued existence of the retention of title. The customer only receives the corresponding rights of use after full payment. The client shall be liable for ensuring that it has all authorizations for the orders placed by it with regard to the production, processing and reproduction of recordings for any purpose whatsoever, in particular of a commercial nature. Furthermore, the client declares that he is the rightful owner or licensee of the necessary copyright or copyright exploitation rights and/or that he is in possession of sufficient authorization on the part of the author or rights holder. the client is liable for all claims that third parties should make against the studio as a result of the execution of the order and undertakes to indemnify and hold the studio harmless. the client expressly declares that he agrees that legally required notifications to the relevant collecting societies will be made by the studio.

7. property rights, copyright protection

Unless otherwise agreed, creative services provided by Artis Mastering shall remain its property. The customer is not entitled to use these - in any form whatsoever - beyond the agreed scope of services.

8. other provisions

In connection with sound production, flexibility and unbureaucratic order processing are essential in this sector. Due to the often rapid need for action, in many cases it is not possible to place an order in writing. If no written order is available at the time of completion of the order for the above-mentioned reasons, the records created by the studio shall be the sole legal basis until any evidence to the contrary is provided. If several clients place an order with the Studio for a work, it must be established in writing before the start of the work which client is authorized by the other clients to make declarations to the Studio in accordance with the above points. This applies in particular to the naming of the person responsible for the acceptance of the work. Changes to the production contract and/or these terms and conditions of production require written confirmation. Should a provision of the production contract render a point of these Terms and Conditions of Manufacture and Delivery invalid, this shall not affect the validity of the remaining provisions. The Studio shall be entitled to retain objects which the Client has provided or which are stored at the Studio or have been produced for the Client until all claims arising from the business relationship with the Client have been settled. No liability shall be assumed for objects provided; these shall be stored at the Studio at the client's expense and risk.

9. place of jurisdiction

The place of jurisdiction is Vienna.