GENERAL TERMS AND CONDITIONS (GTC)

for all services of InLine Audio Studios Knoke Kuhn GbR

Status: 08/10/2020  

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1. SCOPE OF APPLICATION 

The following general terms and conditions apply to all legal transactions between the service company InLine Audio Studios Knoke Kuhn GbR (service provider) and its contractual partner - hereinafter referred to as "client". 

Insofar as there are individual contractual provisions that deviate from or contradict the provisions of these GTC, the individual contractual provisions take precedence. 

The terms and conditions and any service contracts are subject to the service provider's copyright and may not be reproduced.  

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2. GENERAL AND CONCLUSION OF A CONTRACT 

2.1 

The customer is the person who has arranged for the service to be carried out, in writing or orally, even if the invoice is issued to a third party at his or her request, ie the customer is fully liable for the invoice amount in addition to the third party. 

2.2 

The client's terms and conditions are not part of the contract, even if the service provider does not expressly contradict them. 

2.3.
We ask for inquiries and orders to be placed in writing and electronically by email. 

2.4 

The period of validity of personal offers is individually regulated and always non-binding. The working hours and costs can only be estimated in advance. The estimates of the effort are based on an assessment of the scope of services carried out to the best of our knowledge. 

2.5 

Unless otherwise agreed, the contractual relationship for the services comes about through an offer by the service provider and the express acceptance of the offer by the client. Clear actions of the client to accept the offer can be: a specific appointment for the execution of the service, the received (partial) invoice amount or the down payment according to the offer, as well as by written declaration. 

2.6 

In general, for appointment reservations, a deposit in the amount of the estimated admission price plus any additional costs incurred with the admission must be paid in advance by the client. Depending on the type of offer, other services can also be billed in advance if these are necessary for an appointment reservation in accordance with the offer. If the client is asked for a deposit, the reservation of the appointment or the execution of the service will only take place after the deposit has been received. The down payments made will be offset against the final amount of the service provision in accordance with the offer. More under point 4. 

2.7 

Appointments agreed orally or in writing are binding on both sides after the deposit has been paid, but can be postponed or canceled by both sides if there is a clearly justified reason. More under point 6.  
 

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3. SCOPE OF SERVICES AND OBLIGATIONS OF THE CONTRACTUAL PARTNERS 

3.1 

The services to be provided by the service provider include the services listed in detail in the offer or the agreed service contract. The service provider assumes no responsibility or liability for other services not included in the offer / contract. 

3.2 

The service provider will inform the client about the result of its work at its reasonable discretion. The contractual partners can agree on a schedule for the provision of services and a planned end date for the termination of services, on which the service provider is oriented, but which is not binding for this. 

3.3 

If the service provider is actually unable to perform the contractually owed order, he must inform the client immediately in order to agree on the further course of action and to initiate a possible reimbursement. 

3.4 

The service provider provides the equipment, (business) rooms and the necessary staff for the provision of the service, unless the client has the appropriate equipment or rooms, unless otherwise agreed in an individual contract.
  The parties endeavor to the best of their knowledge and belief to support the contractual partner in fulfilling the respective obligation by providing information, advice or experience in order to ensure a smooth and efficient workflow for both parties. 

3.5 

Each of the contractual partners can request changes to the agreed scope of services in writing. After receiving a change request, the recipient will check whether and under what conditions the change can be carried out and inform the applicant of the approval or rejection immediately in writing and, if necessary, give reasons. If a change request from the client requires an extensive review, the service provider can charge the cost of the review with prior notice, provided that the client nevertheless insists on the review of the change request. 

If necessary, the contractual adjustments of the agreed conditions and services required for a review and / or a change are set out in writing in an amendment agreement and come about in accordance with these general terms and conditions. 

3.6 

The client is obliged to adhere to the relevant framework conditions of the service provider, its business premises and the provision of services. If other premises are used for the provision of services or if other service providers are called in, the client is also obliged to adhere to these extended framework conditions. The service provider informs the client about these framework conditions at the appropriate time and to the correct extent. The house rules of the business premises of the service provider are available for inspection on site.  
 

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4. PRICES AND PAYMENT TERMS 

4.1 

For the requested services, the prices of the non-binding offer within the validity period apply with reservation, as these can only be estimated in advance and the invoice amount at the end relates to the actual working hours and costs incurred. 

4.2 

In the case of service packages, the respective prices are valid up to the respective specified period, provided that nothing changes in the content and scope of the services included.  

4.3 

If further working hours are necessary to complete the service in accordance with the desired end result, the client will be informed in good time and the decision will be left to him. Unless otherwise agreed, working hours outside of the offer will be charged at the usual hourly rate of the respective service after quarter hours actually started. 

4.4 

The terms of payment for down payments or (partial) invoices are usually regulated individually. Unless otherwise agreed, the first invoice will be issued no later than after the first service has been performed and is due immediately. 

4.5 

Down payments as well as (partial) invoices can be paid by transfer to the specified bank account of the service provider or in cash. 

4.6 

The prices of publicly advertised services, written offers and verbal agreements with end customers are always stated including statutory VAT. The sales tax will be invoiced at the sales tax rate applicable at the time of the service.
  If the client is an entrepreneur, the prices are usually communicated in net terms. 

4.7 

Invoices are payable on receipt in accordance with the provisions stated there. If the full invoice amount has not been received within 30 days of the invoice date, the service provider is entitled to claim interest on arrears. The default interest is 8% pa above the base rate applicable at the time of calculation. If payments are not made for more than 40 days (after invoicing), the creditor (service provider) will seek judicial dunning proceedings to collect the outstanding invoices. 

4.8 

Invoice complaints must be reported to the service provider in writing within 7 days of receipt of the invoice. After this period they lose their right to object.  

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5. GIFT CERTIFICATES 

5.1 

The vouchers issued by the service provider are valid for 2 years from the invoice date. The validity expires earlier if the service provider is no longer able to perform the ordered services due to insurmountable external circumstances. 

5.2 

The vouchers can only be redeemed for the ordered service - as stated on the voucher. Further services can be booked separately on request. 

5.3
The vouchers can only be redeemed once. 

5.4
The vouchers are transferable to third parties.  

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6. CANCELLATION, DEFAULT PAYMENT, Rescheduling 

6.1 

In the event that an appointment cannot be kept by the client and is not canceled or postponed in time, a default payment will be due.  

For small services / productions that are scheduled for less than 24 hours: 

• Within 24 hours immediately before the agreed date or if the client does not appear, 100% of the offer / invoice items agreed for this date are due for payment and offset against the down payment made. 

• Within 48 hours immediately before the agreed date, 50% of the offer / invoice items agreed for this date are due for payment. 

• Within 72 hours immediately before the agreed date, 25% of the offer / invoice items agreed for this date are due for payment.  

For larger services / productions that are scheduled for more than 24 hours (for example: EP, album) the deadlines are extended accordingly: 

• Within 7 days immediately before the agreed date or if the client does not appear, 100% of the offer / invoice items agreed for this date are due for payment. 

• Within 14 days immediately before the agreed date, 50% of the offer / invoice items agreed for this date are due for payment. 

• Within 21 days immediately before the agreed date, 25% of the offer / invoice items agreed for this date are due for payment.  

6.2 

With the explanation of comprehensible reasons (e.g. clinical emergencies, force majeure, etc.) on the part of the client, it is possible to postpone agreed appointments (including all individual appointments and entire periods) within 6 months without a further deposit or additional costs for the booked service becomes due. After this period of time, the possibility of catching up is no longer possible and the desired service must be negotiated again. 

6.3 

If an appointment cannot take place due to the fault of the service provider, this will be communicated in good time and at the latest on the date of the appointment and alternative appointments will be offered to postpone it. If no agreement can be reached on a new date, the deposit will be refunded to the specified account. 

6.4 

If the service provider does not fulfill his or her order or parts of the order within 6 months despite a written reminder to the official e-mail address by telephone, after this period the client will be reimbursed any down payments in the estimated amount of these order items, unless otherwise agreed.  

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7. WARRANTY, CORRECTION AND RIGHT OF WITHDRAWAL 

7.1 

Notices of defects must be made in writing with a precise description of the complaint and must be received no later than 14 days after the work has been handed over to the client. Thereafter, the work is deemed to have been created in accordance with the contract and free of defects with regard to obvious defects. 

7.2 

Any warranty expires if the client intervenes in the work or has it carried out without the express written consent of the service provider, provided that these interventions result in an error and / or damage and / or if this intensifies an error and / or damage. The client must provide evidence that the damage was not caused or intensified by the intervention carried out / initiated by him. 

7.3 

The service provider is only liable for processing damage to external image and sound material up to the material value of the sound carrier material. For damage to irretrievable or difficult to replace image and sound recordings, the service provider also assumes no liability beyond the pure material value.  

7.4 

All services and deliveries, consignments and returns are carried out for the account and at the risk of the client. 

7.5 

Private individuals can revoke the contract in writing within a period of 14 days. Your right of withdrawal expires as soon as the execution of the service has started.  
 

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8. Data protection notice 

The service provider's data protection declaration is listed in detail on the website https://ila-studios.de/ and has come into force on May 25, 2018 or since the date of foundation by the GDPR.  
 

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9. Place of jurisdiction 

German law applies exclusively to the business relationship between the parties. 

If the client does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the service provider.  
 

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10. Other provisions  

11. Final provisions 

11.1
The place of performance for all obligations arising from the contractual relationship is the service provider's place of business for both parties. 

11.2 

The above general terms and conditions apply with effect from August 10, 2020. Earlier versions hereby lose their validity. Deviations from these general terms and conditions, supplementary agreements and side agreements require the written form or express written confirmation.  

InLine Audio Studios Knoke Kuhn GbR 
Heidenhof 1
77876 Kappelrodeck
Phone: +49 (0) 7842 4 66 99 16 

Fax: +49 (0) 7842 4 66 99 15 
Email: info@ila-studios.de