TERMS AND CONDITIONS

§ 1 Scope

(1) These Terms and Conditions apply to all contracts for mastering, mixing, editing and restoration services between Jan Ohlhorst, Im Felgen 24, 63825 Sommerkahl, Germany (the “Contractor”) and the client.

(2) Deviating terms of the client do not become part of the contract unless expressly agreed in text form.

(3) A consumer within the meaning of these Terms is any natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code, BGB). An entrepreneur is any person acting in the exercise of their trade, business or profession at the time the contract is concluded (§ 14 BGB). Where clauses apply only to one of these groups, this is stated explicitly.

§ 2 Formation of Contract

(1) The presentation of services and prices on this website does not constitute a binding offer.

(2) By submitting the booking form or an order request by e-mail, the client makes an offer. The contract is formed upon the Contractor’s order confirmation in text form (order confirmation by e-mail).

(3) The scope of services, the price and the delivery formats result from the order confirmation. Arrangements made there in an individual case take precedence over these Terms.

§ 3 Scope of Services and Revisions

(1) The Contractor performs the agreed services in accordance with the recognised rules of technology and to professional judgement, taking the client’s specifications into account. The service is rendered as a work performance (Werkleistung, § 631 BGB).

(2) No particular sonic or commercial success is owed. In particular, no achievement of specific loudness values, platform target values or chart positions is promised.

(3) The client provides the source material in a technically suitable form. Defects in the source material (distortion, clipping, noise, insufficient resolution) are not to the Contractor’s detriment. Any necessary rework is remunerated separately according to expenditure.

(4) The price includes up to three revisions per track. Further revisions, as well as revisions due to subsequently changed mixes, are charged per track according to the price list in force at the time.

§ 4 Cooperation and Rights in the Source Material

(1) The client warrants that they hold all rights in the material provided that are necessary for the commission, and that its processing and exploitation does not infringe any third-party rights (in particular copyright, ancillary copyright and performers’ rights).

(2) The client indemnifies the Contractor against all third-party claims asserted against the Contractor as a result of a breach of this warranty, including reasonable costs of legal defence.

§ 5 Remuneration, Payment and Delivery

(1) The prices stated in the order confirmation apply. All prices are exclusive of statutory value added tax (currently 19 %), where applicable. No VAT is charged to clients outside the European Union or to clients within the EU providing a valid VAT identification number (reverse charge).

(2) For approval, the client is provided with a marked listening version (preview).

(3) The remuneration falls due upon the client’s approval of the master. Approval is given in text form or by requesting delivery of the production files. If, within ten working days of the listening version being made available, neither an approval nor a notice of defects is given, the service is deemed approved.

(4) Delivery of the final production files (e.g. WAV, DDP) takes place after receipt of payment in full. Until then, the Contractor is entitled to withhold performance (§ 320 BGB). Files made available for review and approval before that point serve inspection purposes only and may not be published, reproduced, distributed or otherwise exploited.

(5) Publication, reproduction and commercial exploitation of the delivered masters are permitted only after payment in full. This also applies where the files were provided before receipt of payment in an individual case.

(6) Payment term: 14 days net (payable without deduction) from the invoice date. In the event of default, statutory default interest (§ 288 BGB) applies, as well as the default lump sum under § 288 (5) BGB vis-à-vis entrepreneurs.

(7) Payment is made by bank transfer, in cash, or by PayPal (plus a 3 % surcharge).

(8) The client may set off only against claims that are undisputed or have been established with final legal effect.

§ 6 Rights in the Results

(1) The Contractor does not claim any copyright or ancillary copyright of its own in the processed recordings. All rights in the work and the recording remain with the client or the respective rightholders.

(2) The client’s right of exploitation is subject to the condition set out in § 5 (5). The obligations under § 5 regarding approval, payment and delivery are of a purely contractual nature and independent of the copyright position.

(3) The Contractor is entitled to name the collaboration for reference purposes after publication, stating artist and title, and to depict cover artwork within this scope. The client may object to this in text form.

(4) At the client’s request, a credit as mastering engineer is given. There is no entitlement to such a credit.

§ 7 Data Retention

(1) The Contractor is not an archiving service and assumes no obligation to archive. The client is responsible for keeping their own complete backup copies of the material provided and of the files delivered.

(2) Files uploaded via the upload function on this website are removed from the web server within 28 days.

(3) As a courtesy, the Contractor usually retains material provided by the client (mixes, stems, source files) and delivered work (masters, DDP images, further versions) for up to 36 months after the most recent delivery for the respective project. This is a maximum period and not a guarantee: files may be deleted at any time before it expires, no warranty is given that a file will still be available at a particular time, and no liability is accepted for its unavailability.

(4) Long-term archiving beyond this period is available on request and must be agreed before delivery.

(5) Liability for loss of or damage to material provided by the client is limited to the value of the storage medium on which it was provided, except where liability is mandatory by law.

(6) Records that the Contractor is required to retain under tax and commercial law (in particular invoices, order confirmations and business correspondence) are retained for the applicable statutory periods irrespective of this clause.

(7) Where a separate data processing agreement has been concluded with the client, it takes precedence over this clause with regard to the deletion and return of data.

§ 8 Defects and Liability

(1) Defects are to be notified without undue delay, at the latest within ten working days of provision, in text form. The Contractor has the right to subsequent performance (cure).

(2) The Contractor is liable without limitation for intent and gross negligence, as well as for injury to life, body or health.

(3) In the case of a slightly negligent breach of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the client may regularly rely), liability is limited to the foreseeable damage typical of this type of contract. Otherwise, liability is excluded.

(4) Liability for lost profit, postponed release dates or third-party costs (pressing plant, distribution, promotion) is excluded within the scope of paragraph 3.

(5) Liability under the German Product Liability Act remains unaffected.

§ 9 Force Majeure

In the event of circumstances beyond the Contractor’s control (including failure of technical infrastructure, illness, official measures), agreed deadlines are extended appropriately. Either party may withdraw from the contract in the event of a delay of more than four weeks; services already rendered are to be remunerated.

§ 10 Final Provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis consumers habitually resident abroad, the mandatory consumer protection provisions of the state of residence remain unaffected (Art. 6 Rome I Regulation).

(2) If the client is an entrepreneur, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Contractor’s place of business.

(3) Amendments and ancillary agreements require text form.

(4) The German version of these Terms is authoritative. Translations serve information purposes only.

(5) Should any provision be or become invalid, the validity of the remaining provisions remains unaffected.