Golden Claim was founded in 2018 and is a creative agency specializing in video & audio production, motion design and TV promotion. Golden Claim's range of services includes consulting, conception and realization of 2D and 3D motion design, trailer and on-air promotion campaigns, marketing and advertising spots as well as corporate and image film productions.
1.1 The agency Golden Claim Köln GmbH & Co. KG (hereinafter referred to as Golden Claim), Wilhelm-Mauser-Str. 14-16, 50827 Cologne, Germany, provides its services exclusively on the basis of these General Terms and Conditions (hereinafter referred to as GTC). This shall also apply to all future Golden Claim services unless the General Terms and Conditions (GTC) are explicitly agreed again in a different form. By placing the first order, the customer acknowledges the exclusive validity of the Golden Claim terms and conditions. Conflicting terms and conditions of purchase and delivery shall not become part of the contract even if Golden Claim does not expressly object to them, even in the event of performance/delivery.
1.2 The provisions of these GTC shall apply to all legal transactions with Golden Claim. Unless otherwise agreed in writing.
2.1 Golden Claim may be commissioned by letter, e-mail/fax or verbally. To place an order, the customer must provide Golden Claim with a comprehensive description of the desired contractual objectives.
2.2. The contract shall be concluded upon Golden Claim's declaration of acceptance to the customer. In the declaration of acceptance, Golden Claim summarizes the essential contents of the contract. If Golden Claim declares its acceptance by letter, fax or e-mail, the contract is concluded no later than ten working days after receipt of the declaration with the content declared in this confirmation letter, unless the customer objects within this period.
3.1 The contract is generally executed in three phases: Briefing, conception/drafting and production phase.
3.2. The basis for the fulfillment of the contract is the project description (briefing), which Golden Claim receives from the client in writing or formulates in cooperation with the client (in discussions, workshops, etc.) and on the basis of documents and information provided (figures, background information, etc.). Any written project description (re-briefing) prepared by Golden Claim must be checked by the client for accuracy and completeness. Subsequent requests for changes that were not agreed in the re-briefing may result in separate deadline and price agreements.
3.3. After completion of the briefing phase in accordance with Section 3.2, Golden Claim shall develop a concept or prepare a sample draft within agreed deadlines (draft phase). The customer has the right to request changes/improvements twice after receiving the first concept or draft, or may request a second sample (if the first draft is absolutely unsatisfactory). Any additional requests for changes shall result in the additional work incurred being invoiced on an hourly rate basis.
4.1 Agreements on deadlines and schedules must always be recorded or confirmed in writing (usually by means of a schedule).
4.2 The target performance dates can only be met if the customer provides all necessary documents, data and information in full by the dates specified by Golden Claim. Delays in delivery and cost increases caused by incorrect, incomplete or subsequently amended information or documents not provided shall be borne by the customer.
4.3. Force majeure and natural disasters shall release Golden Claim from its obligation to deliver or allow Golden Claim to reschedule the agreed delivery period.
5.1 Golden Claim undertakes to keep confidential for an unlimited period of time all information and documents made available in connection with the design order/offer that are designated as confidential or that are clearly recognizable as business or trade secrets of the customer based on other circumstances, and not to record, disclose or exploit them, unless this is necessary to achieve the purpose of the contract.
5.2 Golden Claim shall ensure through appropriate contractual agreements with the employees and agents working for Golden Claim that they also refrain from any exploitation, disclosure or unauthorized recording of such business and trade secrets for an unlimited period of time.
6.1 The customer is obliged to cooperate in the execution of the order insofar as this is necessary for the fulfillment of the order. To this end, it must provide Golden Claim with all information, documents and resources in a timely manner and at its own expense.
6.2. The customer is obligated to check the material provided for the order for any existing copyrights and intellectual property rights and to obtain any necessary permissions for their use. Any claims due to copyright infringements shall be borne by the client. The customer shall bear sole responsibility for text content or other publications.
6.3. The customer shall indemnify Golden Claim against all claims made by third parties against Golden Claim on account of conduct for which the customer bears responsibility or liability under the contract. The customer shall bear the costs of any legal action.
6.4. Golden Claim is entitled to order the third-party services required to fulfill the order in the name and for the account of the customer. The customer undertakes to authorize Golden Claim to do so.
6.5. If, in individual cases, contracts for third-party services are concluded in the name of and for the account of the Golden Claim agency, the customer undertakes to indemnify Golden Claim internally against all liabilities arising from the conclusion of the contract. This includes in particular the assumption of costs.
7.1 Every service provided by Golden Claim shall be performed within the framework of a copyright contract which, in addition to the pure work performance, is also aimed at granting rights of use to the works.
7.2 All concepts, ideas, consulting and creative services (including drafts, final artwork, sketches, etc.) shall be subject to copyright law. The provisions of the Copyright Act shall apply between the contracting parties even if the necessary protection requirements are not met in individual cases. Golden Claim is therefore entitled to the copyright claims arising from §§ 97ff. UrhG.
7.3. The drafts, final artwork, sketches, ideas, etc. may not be modified either in the original or in reproduction without the express consent of Golden Claim. Any imitation - even of parts - is not permitted. Any violation of these provisions shall entitle Golden Claim to demand a contractual penalty in the amount of twice the agreed remuneration.
7.4. Golden Claim shall transfer to the customer the rights of use required for the respective purpose. Unless otherwise agreed, only a simple right of use shall be transferred in each case. Any transfer of the rights of use by the customer to third parties requires prior written agreement between the customer and Golden Claim.
7.5. The rights of use shall not pass to the customer until the customer has paid the remuneration in full.
7.6. The customer is obliged to name Golden Claim as the author on the reproductions or in publications about the product (e.g. website masthead, press reports, etc.). Any infringement of the right to be named shall entitle Golden Claim to claim damages in the amount customary in the industry (collective agreement for design services SDSt/AGD). As long as Golden Claim does not expressly notify the customer of violations of the right to be named, Golden Claim tacitly waives its right to enforce this right and corresponding claims for damages.
7.7 Suggestions and instructions from the customer or its employees and agents shall have no influence on the amount of remuneration. They do not constitute a joint copyright.
7.8. Golden Claim generally creates individual strategies, concepts and designs for each order. However, typical design styles (e.g. fonts) or individual graphic elements (e.g. certain photos or clipart) are inevitably used repeatedly by Golden Claim for commissioned work, so that the customer expressly does not acquire any exclusive rights to them - even after acquiring a right to use a work created by the Golden Claim agency (or its graphic designers).
8.1 Acceptance must take place within 10 working days and may not be refused for creative or artistic reasons. There is freedom of design within the scope of the order.
8.2. If Golden Claim does not receive a declaration of acceptance within 10 working days, the design shall be deemed to have been accepted and will be invoiced.
8.3. If the customer refuses acceptance and withdraws from the order as a result, Golden Claim shall retain the right to remuneration for work already commenced/performed and the right to compensation.
9.1 Remuneration for work performed (consulting, drafts, concepts, design, project management, etc.) shall be based on the time spent on the basis of the contractual agreement. The remuneration shall be subject to value added tax at the statutory rate.
9.2 Unless otherwise agreed, remuneration for rights of use for services provided by Golden Claim shall be based on the collective agreement for design servicesSDSt/AGD (latest version). The remuneration shall be subject to statutory value-added tax.
9.3. The remuneration for consulting, drafts, concepts, project management, etc. and the granting of rights of use shall be in euros. Even the preparation of drafts is subject to a charge, unless expressly agreed otherwise.
9.4. If the drafts are used to a greater extent than originally intended, the Golden Claim agency shall be entitled to subsequently demand the difference between the higher remuneration for the actual use and the remuneration originally received.
9.5. Any expenses incurred for travel and accommodation in connection with the order and agreed with the client shall be invoiced separately to the client at the applicable rates.
9.6. special services such as the reworking or modification of video cuts, final artwork, manuscript studies, print monitoring, etc. shall be invoiced separately according to the time required.
9.7. if an order extends over a longer period of time or requires Golden Claim to make substantial financial advance payments, appropriate advance payments shall be made; namely 1/3 of the total remuneration when the order is placed, 1/3 after completion of 50% of the work, 1/3 after delivery.
10.1 Payment shall be due after acceptance of the design or service or partial services (see 9.7.). The Golden Claim agency shall issue a corresponding invoice after acceptance by the client. This shall be payable without deduction within 14 days of the invoice date, unless otherwise agreed in an individual contract.
10.2. In the event of late payment, Golden Claim may charge interest on arrears at the statutory rate, but at least 6% above the prime rate of the European Central Bank per annum. This shall not affect the assertion of proven higher damages or the right of the customer to prove a lower charge in individual cases.
11.1 The Golden Claim Agency undertakes to carry out the order with the greatest possible care, in particular to treat any templates, documents, samples, etc. provided to it with care.
11.2 In the event of defective performance, the Golden Claim Agency undertakes to rectify the defect free of charge at its own discretion.
12.1 Golden Claim's liability shall be limited to breaches of duty based on intent or gross negligence if Golden Claim culpably breaches a material contractual obligation, and to cases of injury to life, limb or health.
12.2 In addition, liability for damages shall be limited to the amount of foreseeable, typically occurring damage, but not exceeding the order value. The customer's claims for reimbursement of expenses shall in all cases be limited to the interest the customer has in the fulfillment of the contract.
12.3. Any further liability for damages or reimbursement of expenses other than that provided for in these General Terms and Conditions for Deliveries and Services shall be excluded, regardless of the legal nature of the claim asserted. In this respect, Golden Claim shall not be liable in particular for damage that has not occurred to the goods or services themselves, such as loss of profit and other financial losses suffered by the customer. The mandatory provisions of the Product Liability Act shall remain unaffected.
12.4. To the extent that liability is limited under the above terms and conditions, this shall also apply to the personal liability of Golden Claim's executives, employees, vicarious agents or assistants.
12.5. Golden Claim shall not be entitled to plead contributory negligence.
13.1 The Golden Claim agency shall not be obliged to hand over files or layouts created by computer to the customer. If the customer wishes computer data to be handed over, this must be agreed and paid for separately.
13.2. If the Golden Claim agency has provided the customer with original computer files, these may only be changed with the prior consent of the Golden Claim agency.
14.1 The customer agrees that Golden Claim may, if required, display the concepts and creative services etc. created for it as a reference on its homepage or use them in other advertising materials as proof of its work. Furthermore, the customer agrees that its company name, including URL if applicable, may be included in Golden Claim's customer list, which is also used for advertising purposes. Excluded from this provision are projects that Golden Claim carries out for agencies, which in turn act as resellers and ask Golden Claim for anonymity or customer protection.
14.2. The customer agrees that its personal data received in the course of the business relationship may be stored by Golden Claim. The data will only be used for internal purposes and will not be passed on to third parties.
14.3. Unless otherwise stated in the order confirmation, the place of performance is Cologne.