GENERAL TERMS AND CONDITIONS OF BUSINESS

 

 

from 5.2.2023

 

 

1 APPLICATION

 

1.1 By placing the order with 247musicdesign, the client acknowledges the exclusive applicability of the general terms and conditions of 247musicdesign regarding the entire content. If agreements deviate from this, they must be in writing to be legally effective. The present general terms and conditions of 247musicdesign have priority with regard to any terms and conditions of the client or other third parties involved. For business initiations, any orders or contracts of any kind, the general terms and conditions formulated here apply exclusively.

 

1.2 The order is placed by confirming an offer.

 

 

2 FEE:

2.1 247musicdesign is entitled to the agreed fee after the order has been placed.

2.2 If the product is not used or depends on the decisions of third parties, 247musicdesign is entitled to the fee without a price reduction.

2.3 If costs are incurred as a result of additional orders or subsequent changes (deadline), these shall be borne by the customer.

2.4 Above-average organizational effort, or additional conceptual
Advice/services are charged extra.

2.5 If, after the order has been placed, the customer refrains from doing so, 247musicdesign is entitled to half of the fee.
 

3 TERMS OF PAYMENT

 

3.1 Unless otherwise agreed, these terms of payment apply:

 

      50% when placing an order

      50% upon completion of production

 

3.2 Dunning fees and the costs - including out-of-court - legal intervention shall be borne by the client.

 

 

4 PERFORMANCE, ACCEPTANCE, COMPLETION

 

4.1 Die Produktionstermine werden nach gemeinsamer Absprache, schriftlich vereinbart, wobei        _cc781905-5cde -3194-bb3b-136bad5cf58d_   the customer can also be present during production.

 

4.2 The technical implementation is the responsibility of 247musicdesign.

 

4.3  247musicdesign guarantees the careful execution of the order, which can also be executed by third parties.

 

4.4 The customer must give 247musicdesign clear instructions in writing regarding the order. We are not liable for defects that are due to incorrect or imprecise instructions from the contractual partner.

4.5 247musicdesign is not liable for any risk or circumstances beyond its control, such as timely provision of timely data, products and props, weather conditions, travel restrictions, etc.

4.6 The acceptance of the production takes place after completion and jointly agreed delivery date and is confirmed in writing by the customer.

4.7 The client can complain in writing within three days after delivery and service, stating the reasons and any defects.

 

4.8 If the client has requested changes to the production that were not agreed in the  initial contract, these will be made exclusively at 247musicdesign, charged separately and recorded in writing with an irrevocable end date.

 

4.9 Upon request, the client will receive the original data without effect - integration and processing in the corresponding software, with a surcharge.

Copies of the order remain with 247musicdesign.

 

4.10 247musicdesign is not obliged to keep original material or recordings, final production or copies.

 

 

 

5 LIABILITY

 

5.1 247musicdesign is committed to creating industry standard production. 

 

5.2 The client provides any production material of professional quality, whereby 247musicdesign has the right to decide on the quality for use in the production. 247musicdesign is not responsible for this material.

 

5.3 The client is solely responsible for the artistic implementation.

 

 

6 COPYRIGHTS, RIGHTS OF EXPLOITATION

 

6.1 The client is liable for all copyrights and confirms that he is entitled to dispose of the orders he has placed with 247musicdesign in relation to recording, production, finishing, in particular of a commercial nature.

 

6.2 The client is liable for all third-party claims in connection with the respective production against 247musicdesign and undertakes to indemnify and hold harmless 247musicdesign.

 

6.3 The customer shall comply with the obligation to report immediately to the relevant authors and collecting societies as required by law.

 

6.4 In the case of an artistic, creative and compositional collaboration with the client/artist, unless otherwise agreed in writing, it is agreed that any production/demo material can be used mutually, offered to third parties and used. The distribution is based on a distribution key customary in the industry.

 

 

 

7 FINAL PROVISIONS

 

7.1 Should individual provisions of these General Terms and Conditions be invalid, they must be replaced by a provision that corresponds to the meaning; Provisions that are not affected by this also remain fully valid.

7.2 If individual provisions of a production contract are invalid, they must be replaced by a provision that corresponds to the meaning; Points that are not affected by this also remain fully intact.

7.3 The respective production remains the property of 247musicdesign until all claims arising from the business relationship, including interest and additional costs to the client, have been paid in full. The client is not entitled to sell the production material in this phase or to exploit it in any form without a written agreement with 247musicdesign.

7.4 Place of performance is Vienna. The jurisdiction of the competent court in Vienna is agreed as the exclusive place of jurisdiction.