In these Terms and Conditions the words ‚Orionka Studios’ ‚Orionka’ ‘we’ ‘us’ ‘our’ and ‚ours’ refer to Martin Schröder, a German registered sole trader. The words ‘client’ and ‘customer’ refer to the party who commissioned and/or funded the work and any person or organisation acting on their behalf. The words ‚production‘ and ‚post production‘ refer to any service including technical or creative tasks and their final product of video and associated or separate audio material.
These Terms and Conditions apply to all video and associated or separate audio product created by Orionka Studios, including all moving and still images and sound recordings of whatever form.
Except to the extent that these terms and conditions are varied by mutual consent they together with the brief constitute the entire agreement between us and shall prevail over your own terms and conditions. You agree that in entering into this agreement, you shall not rely on any representation or understanding, whether oral or in writing, which is not included or referred to in these terms and conditions.
All Services will be charged independent of their final product.
All Service plans will be charged on a monthly basis according to the brief and independent of their actual count of realized services at the end of their referring month. Within Service plans the Client agrees to a certain amount of Services for each month. Services within a Service plan can not be transferred to a following month. Services that are part of a monthly plan need to start within their referring month to be related to their Service Plan. The Clients agrees to deliver all necessary material for each Service within each Service Plans monthly period.
III. Approval / amendments of draft material
Under normal circumstances one ‘first draft’ of a production or post production will be available for the Client for review and comment. One set of revisions will be incorporated within the agreed project cost provided that any revisions or amendments fall within the original agreed brief. Subsequent revisions or significant re-edits will be charged at a rate of 40 € per hour.
The Service shall be delivered to you in accordance with the brief agreed at the outset of the project either through concept meetings or in written proposals.
Any indication given by Orionka Studios of a project’s duration is to be considered by the customer to be an estimation. Orionka Studios will do everything possible to meet specific deadlines, providing there is clear communication, prompt payment and regular feedback from the client. In all cases our liability will be limited to the agreed total cost of the project, less any costs incurred by us for any work already done on the project provided such work is within the agreed production brief. Orionka Studios will not under any circumstances be responsible for any loss, damage or costs arising from the late, erroneous, or non-delivery of the product.
Orionka Studios asserts its full rights as copyright owner of all material that has been processed and/or produced by us, whether or not such material forms part of a finished project. The copyright of all produced material is solely owned by Orionka Studios and is protected under German law.
VI. Confidential Information
Neither party will, without the prior written consent of the other, use or permit any other person to use, nor copy, nor disclose, nor make available to any person any documents, records or materials, and any copies thereof (collectively the “Records”) containing any secret or confidential information owned or licensed by the other party or to which the other party has lawful (hereinafter “Confidential Information”) for any purpose other than as legitimately required by either party to enforce this Agreement. Either party will advise the other of any unauthorized copying, disclosure or use of any Confidential Information or Records of which he becomes aware.
VII. Usage licence – rights to the use of project content
Where the Client provides material to us for inclusion in any project, including but not limited to logos, images, trademarks, footage and audio, the relevant permission must be obtained in advance from the original copyright holder. By accepting these terms and conditions, the Client hereby indemnifies Orionka Studios against any possible claims, disputes, expenses or similar that may arise from breaching any copyright laws or pre-existing terms and conditions attributed to the material.
We retain all rights to the usage of footage captured during the production of any client-commissioned project. As part of our service, we will grant a time-unlimited licence for use of that footage to the Client subject always to the following express condition:
Orionka Studios retains all copyright over any content we produce. A usage licence grants the Client permission to use the content in the state in which we provide it to the Client. Permission is granted to re-edit, copy or alter the content in any way.
We reserve the rights to use any footage and related files from any client-commissioned project in our showreels and for other promotional purposes.
Orionka Studios assigns to the Client a licence to use the video production in its complete delivered form. We give permission for any material to be altered, edited or used as part of another production.
Provided that all monies due to us from the Client have been received as cleared funds in our bank account, and provided that the Client is not in breach of anything contained in these Terms and Conditions the Client is granted a perpetual usage licence relating to the video material in its delivered form.
We retain the right to use any of our copyright material for any legal purpose, including its use within projects for other clients unless (a) we have granted an exclusive licence to any Client or (b) the material contains trademarks or specific intellectual or imagery copyrighted by the Client.
Our payment terms are strictly 30 days from date of invoice and in the event of an order being confirmed the Client accepts these terms.
We reserve the right to charge further interest and late payment fees on all overdue invoices as set out under German and EU law.
We will exercise our statutory right to claim interest and compensation for debt recovery costs under German and EU law if we are not paid according to agreed credit terms.
The Client shall be responsible for all collection or legal fees necessitated by late or default in payment.
Orionka Studios reserves the right to withhold delivery and any granting or continuation of usage licence of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use our copyright material under this Agreement are conditional upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses, and fees, charges or the costs of administration of changes.
If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.