General terms and conditions
As with all companies that also work online, there are also general terms and conditions at Tonhofstudios. We have tried to keep them as small and clear as possible. On the one hand, these serve to protect us as contractors, on the other hand to protect the rights of third parties, in this case the musicians.
All services, deliveries, deliveries and returns shall be for the account and at the risk of the client. The customer is the party who has initiated the execution of the order – in writing or verbally – even if the invoice is issued to a third party at his request, i.e. he is fully liable for the invoice amount alongside the third party. If the order is placed in the name of and for the account of a third party, the Contractor shall expressly draw attention to this fact when placing the order. The Contractor shall not be obliged to verify the authority of the person placing the order.
§ 1a All services provided to the client are to be checked for correctness by the client. Silence means here equal release. For resulting damages due to lack of verification on the part of the client, the contractor assumes no liability.
§ 2 The Contractor shall only be obliged to issue a written order confirmation if this is expressly requested by the Client.
§ 3 If protected works, music or language are used within the orders at the customer’s request, the clarification of any third-party rights is the responsibility of the customer. The contractor is not obliged to check to what extent the content of ordered works violates legal regulations. If this is the case, the client is liable for all resulting disadvantages or damages.
§ 4 Liability for retained sound and image material can only be assumed up to the material value of the carrier material and only up to the maximum period of 3 months after invoicing.
§ 5 The client is liable for processing damage to third-party tape and video recordings up to the material value of the carrier material.
§ 6 If the client provides sound and image recordings that are irretrievable or difficult to replace for editing, presentation or similar purposes, the client shall bear the risk and, if necessary, also take out insurance in excess of the material value and also arrange for the production of backup copies.
§ 7 Intermediary activities, such as the acceptance and delivery of supplies to and from the copying plants, postal and railroad expeditions, the procurement of speakers, actors, etc., shall always be carried out on behalf of and for the account of the Client, even if this is not expressly indicated by the Contractor, unless they are expressly the subject of a production or editing order. The Contractor shall not assume any liability or warranty for such intermediary activities.
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§ 8 Promises of deadlines for processing and production processes are made to the best of our knowledge and belief, but without guarantee. We do not accept any liability for delays caused by external service companies, copying plants, etc.
§ 9 For delays caused by the fault of the contractor in the course of a processing or production process, the contractor shall only be liable up to the amount of the own performance caused by the delay. Third-party services as well as indirect damages are not included in the liability. If no special price agreements are made, the Contractor’s list prices valid on the day of delivery shall be deemed agreed. Prices and price lists shall be made available upon request at any time.
§ 10If external services are required in the course of an order execution, i.e. services that cannot be performed with the studio’s own equipment and personnel, the contractor shall generally not be held responsible for the quality, punctuality and costs of these services.
§ 11 For sound and text creations produced by the contractor within the scope of the order or provided from archives, all performance rights or reproduction rights shall remain with the contractor until full payment of all claims arising from this order or other orders of the client. Likewise, any visual or audio material produced by the Contractor or its agents shall remain the property of the Contractor until paid for in full. Prior to any publication of works in which the Contractor has participated, the Client undertakes to hand over the sound or image material. The same applies to advertising.
§ 12In all productions in which the Contractor has participated, the Client undertakes a) to maintain silence vis-à-vis third parties b) to represent the interests of the Contractor (advertising, interviews, etc.) c) to make any public statements about the Contractor only with consent. d) not to discredit the Contractor, e) to name the Contractor by name in all production-relevant postings on social networks or when uploading to various streaming portals, so-called “credits”. In case of any violation, a contractual penalty will be imposed and the contractor has the right to withdraw from the contract. All resulting damages shall be borne by the client.
§ 13 Upon conclusion of a contract, all rights, the work produced by the contractor, until full payment to Tonhof Studios. For amounts up to 150 €, 100% must be paid in advance. For amounts from 151 € but min. 50%. Only after payment, the audio material or a “preview version” will be made available.
§ 14 Shipment and transport of material of all kinds shall be at the expense and risk of the customer. The packaging is carried out at our discretion.
§ 15If an appointment is made, the client must cancel the appointment at least 2 working days before the appointment or make a new appointment. If this deadline is not met, the client is liable for 80% of the resulting damages for loss of earnings of the reserved working time including 15 min preparation and 15 min post-processing time, but min. 120 € per day. An hourly rate of 70 € is taken as a basis. In case of already existing projects and appointments for project discussion, an additional 20% of the follow-up costs of the project processing are to be paid. The calculation can be seen in the following example:
For an example project (album with 10 titles), which a project meeting has been arranged, 6 titles are to be discussed for post-processing. This results in a post-processing time of the titles of, for example, 6×20 minutes. Thus, of the total post-processing time (120 min.) 80% (2 h x 70€ x 20%) 28 € in post-processing fees are to be paid.
Excluded are damages of force majeure, death in the family or other compelling and provable reasons.
§ 15 a)An appointment must always be requested bindingly. Peak-Studios will confirm the appointment in writing via email to the given email address within 24 hours or, if necessary, provide 2 alternative appointments. As soon as the confirmation of Peak-Studios is available, the appointment is considered binding.
§ 15 b) Once a project has been completed or a so-called “pre” version has been version has been sent, the client has 7 working days to express change requests. If these are within the scope, i.e. the reasons for changes were not previously known or apparent, the customer has 2 revisions free of charge, provided that these do not cause a complete reworking of the project. If the customer makes use of changes outside of this revision period, these will be subject to a charge. The same is true for the 3rd revision. In this case the hourly rate (70€) will be charged. Excluded from this deadline are albums or projects with several songs. There, this deadline applies from the submission of the last song to be produced. Basically, this deadline always applies to songs that have already gone through the mastering process.
§ 16 The place of jurisdiction and performance is Hamburg.
§ 17 The form of payment is previously listed in the offer or agreed verbally. However, in the invoice always listed.
§ 18 Changes to the contract must be made in writing.
§ 19If any provision of the contract, including these provisions, is invalid, this shall not affect the validity of the remaining provisions.