Terms and Conditions


General terms and conditions for TV and film editor Janka Stephanowsky (self-employed)

I. General

  1. These general terms and conditions of engagement ("TCE") apply to all film-editing services performed by the TV and film editor ("TVFE") in the scope of the order for the production ("Werk") of the client ("AG"). By placing the order, AG recognizes the present TCE. In case of doubt, these also apply to future services that TVFE provides in the context of a continued business relationship.
  2. The inclusion of the AG's general terms and conditions requires the written consent of TVFE; in the event of contradicting regulations, these TCE take precedence.
  3. Incase nothingelse is discussed, the following activities / services wil be performed:
  • Viewing the recorded raw film material and evaluating the recording quality;
  • the preselection of the individual scenes and their raw montage;
  • viewing and discussion of the raw material with the client or an authorized person;
  • the creation of the rough and fine cut for acceptance by the client or an authorized person Person;
  • the finalization and color correction unless otherwise regulated;
  • participation in the final mix including sound delivery unless otherwise regulated.

4. In case of requests for complete film productions, AG will receive suitable proposals from producers, film production companies or filmmakers. TVFE assumes no responsibility or liability for their work.

 

II. Order processing

  1. Orders are placed, added to, and confirmed in writing; they are also valid by email without a signature. In the absence of a written order confirmation, a contract is also concluded when the TVFE begins its activity.
  2. TVFE will carry out the commissioned activity within the scope of the contract and in accordance with the work description on its own responsibility for creating the program. There is no bound by instructions.
  3. TVFE will finish the film within timing, but is independent in its time schedule. TVFE is available for production meetings with the client / director by prior arrangement.

 

III. Duties and rights of the client

  1. AG guarantees that the work materials, technical devices including software and premises made available to TVFE for production in accordance with the agreement. It will be available on time and in good condition for free use.
  2. AG will not provide TVFE with original material, but only copies. So, the TVFE can work with the material and will backed up the process daily. A backup of original data must be negotiated separately. Liability for culpably caused losses or damage to the materials given, such as storage media, is limited to the material value.
  3. The use of the editing studio including the TVFE software requires a separate agreement and is to be paid seperatly.
  4. AG will carry out the acceptance of completed work or parts of it at short notice. The presentation for the acceptance of these shall usually take place in the editing room. The parties will mutually agree on the date.
  5. Any defects found during the acceptance will be rectified by TVFE, whereby AG concedes that TVFE is entitled to artistic freedom. Complaints regarding content, scope and quality must be recorded in writing. Contractually agreed acceptances that are not objected to after a period of one week after the presentation are deemed accepted in accordance with the contract and free of defects in case of doubt. The TVFE is not responsible for edits based on the director's/ writer's/ producers specifications.
  6. AG is obliged to name the TVFE in the opening and closing credits as well as advertising materials in a manner customary in the industry and this obligation also to third parties who are entitled to exploit the production to impose.

 

IV. Duties and Rights of the TVFE

  1. TVFE provides its services personally and carries out its activity independently. As far as a status determination procedure is to be carried out, this will support the AG to the necessary extent, retention by the AG must be agreed separately.
  2. Should compliance with the contractual parameters be endangered due to illness or other reasons, TVFE will notify this in good time and, if necessary, suggest a replacement.
  3. TVFE is entitled to take on other activities during the contract period, provided that this does not restrict the work of the contractual activity.
  4. TVFE undertakes to save the project data for six months after acceptance of the work when using its own editing suite. A transfer of the data to the AG is to be paid for separately.
  5. TVFE will maintain confidentiality on all matters related to the production of the work.

 

V. Granting of Rights

  1. TVFE transfers the copyright rights of use and / or ancillary copyrights arising from its activity in full, exclusively as well as unlimited in terms of content, time and place in accordance with the scope of exploitation provided by the client at the time of conclusion of the contract and in relation to the work that is customary in the industry.
  2. Rights assigned to a collecting society (e.g. Bild-Kunst) remain with TVFE.
  3. Ownership of the delivered work including recording material is transferred to the client in case of doubt.
  4. The transfer of the aforementioned rights is subject to full payment of the agreed remuneration.
  5. Editing of the final work requires the prior consent of the TVFE.
  6. TVFE is entitled to use excerpts from the work after it has been first published and the AG as a reference.

 

VI. compensation

  1. With the agreed remuneration, the contractual services of TVFE as well as the transfer of rights are compensated, costs of third parties and expenses are not included in case of doubt. The remuneration amount does not include the statutory value-added tax and is payable without deductions within 10 days of the due date against invoicing. The statutory default interest between commercial parties shall apply.
  2. Agreed daily rates are based on 8 hours of work per day. Overtime may be charged additionally.
  3. Travel expenses, expenses and other expenses incurred by the AG will be reimbursed immediately and without deduction upon presentation of the payment receipts or invoices.
  4. If the order is canceled before the start of the contract, TVFE is entitled to a cancellation fee (20% of the Total remuneration from two weeks, 50% from one day). In the event of early termination of the order by the client from the start of the contract, TVFE receives the agreed total remuneration minus saved expenses.
  5. If the client requests additional changes after completion and acceptance of the final version or contract period, these will be remunerated separately at daily rates that are calculated proportionally from the total remuneration .

 

VII. Final provisions

  1. Changes and additions to the contract must be made in writing to be effective; this also applies to an oral waiver of the written form. In case of doubt, a written confirmation by TVFE by email or fax is sufficient.
  2. If individual provisions of these General Terms and Conditions are or become ineffective, the validity of the remaining provisions remains unaffected. Invalid provisions are to be mutually replaced by those that are suitable to achieve the desired economic purpose, taking into account the interests of both parties.
  3. The law of the Federal Republic of Germany applies. In case of doubt, the place of fulfillment and jurisdiction are the TVFE's place of residence.