General Terms & Conditions
- Our Terms and Conditions are exclusive; we do not recognise any contraryTerms and Conditions that deviate from or are different to our own, apartfrom those that we have specifically referred to and approved in writing. OurTerms and Conditions also apply in circumstances where we, withoutreservation, deliver goods or services in keeping with a client’s Terms andConditions, even when those Terms & Conditions are contrary to our own.
- We are entitled to unconditionally amend these Terms & Conditions with thepermission of our clients, but only insofar as the proposed changes arereasonably acceptable to the client. Our client can be deemed to haveapproved the amendments if, having been notified of the said amendmentshe does not object to the proposed amendments despite being put onnotice of the consequences of failing to make such an objection, within sixweeks from receipt of the proposed amendments.
Entering into a contract – Termination
- An order placed by a client constitutes a binding offer which we are entitledto accept, by sending an order confirmation within 5 working days ofreceipt. Preceding offers from Quintvisual Media & Marketing UG are notbinding.
- We reserve all ownership and intellectual property rights to Photos, Filmrecordings, Animations, Images, Drawings, Calculations and otherDocuments. This also applies to written documents that are markedconfidential. Before transferring any such items to a third party, the client isrequired to obtain our written permission and, potentially make a furtherpayment.
- In the event that we have provided delivery dates in conjunction with or asthe basis for an order, those delivery dates shall be deemed to be extendedfor the duration of the delay in the event of a strike, external approvalprocedures and force majeure. The same applies to circumstances in whichthe client either fails to or only partly cooperates. Where the client is abusiness, and insofar as the order confirmation does not specify otherwise,delivery of our goods and services is ex-works (EXW Incoterms 2010).
- In the event that the client does not meet all of the obligations of theservice recipient, as stipulated below, by f.ex. breaching the terms of thelicense or by failing to make full payment of the agreed price, this shall leadto immediate termination of the contractual relationship, and thus themutually agreed license.
- For the taking of aerial photographs and the desired image data(Drone), we rely on the following special terms and conditions in orderto meet the statutory and general safety requirements. In particular, weonly take footage in conformity with the guidelines provided by theBerlin-Brandenburg Film Commission (BBFC), as set out atwww.bbfc.de/WebObjects/Medienboard.woa/wa/CMSshow/1045722
- The statutory provisions relating to drone flights are set out on thewebsite of the German Flight Safety Authority (Deutsche Flugsicherung,”DFS”) at www.defs.de/dfs_homepage/de/. Obtaining a permit fordrone flights is usually a matter of 2 weeks but, depending on the scaleof the production/shoot it can take 4 -6 weeks. The client should beaware of the following general information prior to making a bookingwith us:
- Flights are not generally possible before sunrise or after sunset. Nightflights require a special permit.
- Flights are only feasible if the air temperature is between -5º – 40ºC
- Flights are only possible with winds below 40 km/h
- Visual contact with the drone must be maintained at all times (inaccordance with VFR Regulations)
- All drone flights generally require a permit. Recommended flyingaltitude is 30 – 100 m. A further permit for flights above 100m may berequired. The risk of such an application being rejected isproportionately higher.
- Flying time per battery pack is approx. 10 min, 2 x sets available. In theevent that a power supply is available on site, the spare battery pack canbe charged so that additional or extended flying time is possible inprinciple.
- No flyover of crowds exceeding 8 persons
- Drone flights are not possible in the event of snowfall, rain, fog, highwinds or gusts
- Flyover of major traffic throughways is prohibited
- Recording quality varies depending on the weather (clouds) orsunshine, f.ex. window glare, but also on the property being filmed andits position within the urban landscape (f.ex. neighbouring buildings,trees, motorway)
- Quintvisual Media & Marketing UG reserves the right to use subcontractorsin order to fulfil its contractual obligations. Verbal commitmentsmade by agents require the written approval/confirmation by FAVE´smanagement.
- Orders for Drone flights are to be made one calendar month in advance ofa proposed shoot in order to guarantee that Quintvisual Media & MarketingUG is able to apply for and obtain a permit in good time.
- Drone Flight permits do not have a fixed price but vary according to thespecifics of a given shoot. Quintvisual Media & Marketing UG, therefore,bills applications for drone permits separately. As such, these do not formpart of the offer put forward by Quintvisual Media & Marketing UG andcount as additional charges.
- In the event that we have set out performance periods in our offer and thatthese form the basis of such an offer, any extension to the performanceperiods that is the result of strikes, external approval procedures or forcemajeure, the performance period is deemed to have been extended by theduration of the delay. The same applies to circumstances in which the clientfails to promptly fulfil his or her obligations under the terms of theagreement.
- All rights of use remain with us unless these are not expressly transferred tothe client. The transfer of any rights of use is generally subject to full andfinal payment of all outstanding fees. The client hereby acknowledges thatthe transfer of any right of use is non-exclusive and that the supplier alsoretains rights of use in the footage. A transfer of rights of use to a third partyby the supplier is always subject to the express written consent of the client.
- The supplier (Quintvisual Media & Marketing UG ) is not responsible for anycosts or expenses incurred by the client in the event that a scheduled droneflight does not take place for one of the following reasons:
- a.) if the drone pilot considers that the shooting of drone footage is notpossible or would put life and limb at risk. Non-exclusive examples of this wouldbe weather conditions such as snow, rain, thunderstorms, high winds, a position ofthe sun, general lighting conditions, overhead power lines or wind turbines,objects at risk of explosion such as petrol stations, limited or no space for safeoperation of the drone.
- b.) pilot illness
- c.) extraordinary circumstances (“force majeure”), f.ex. accident on the way to,near or at the location shoot, drone crash, a breakdown of the transport vehicle,emergency services at or near the location.
- In the event that the client books a fixed attendance or recording time inadvance, the client will be expected to pay for that proportion of the agreedfee, even in circumstances where a drone flight is not possible due toadverse weather conditions or due to circumstances for which the client hasto take responsibility, such as lateness.
For the recording of video footage the following conditions apply:
- Final video format /size/CODEC/FPS has to be agreed followingconsultation between client and supplier.
- A first draft and final draft can be viewed by the client using a service suchas vimeo.com or any other video platform, however the file will bepassword protected in order to prevent unauthorized access by thirdparties.
- The sale of footage by the client to a third party is generally prohibited,unless FAVE specifically authorizes the client to do so.
- The client agrees and acknowledges that any transfer of rights of use isnon-exclusive and that the supplier retains rights of use in any footage.Equally, a transfer of rights of use by FAVE to third parties can only occurwith the express permission of the client.
- Unless the contrary is agreed, Quintvisual Media & Marketing UG retainsthe right to use unedited and edited footage for presentation orcommercial advertising purposes.
- All rights of use remain with Quintvisual Media & Marketing UG , insofar asthey have not been expressly authorized to be transferred to the client. Thetransfer of rights of use is generally conditional upon the client havingmade full payment of the agreed fee.
- For the taking of photographs the following conditions apply:
- All bookings of upcoming photo shoots are to be regarded as the basis fora contractual relationship between Quintvisual Media & Marketing UG and theclient, whether they are a legal entity or an individual, and does not confer anyrights of use or license in the photographs to a third party, be they seller,tenant, investor or other such party.
- For all photo shoots Quintvisual Media & Marketing UG uses a camera thatmatches the individual requirements of the client, the specifications of whichwill be set out in the offer.
- The License is individual, non-transferrable and non-exclusive. It gives theclient the right to use the photographs in a Medium of their choice, f.ex. pressarticle, advertising, online use, reproduction in print or digital. The licenseallows the client to select sections of photographs, to edit or touch them up orotherwise work on them.
- Under the terms of the license the client is not entitled to sell thephotographs, to grant a further licence, to give away the photographs or tocommercially distribute the photographs, f.ex. as a postcard or poster. Any actof this kind is regarded as a fundamental breach of contract and will result in animmediate termination of the limited license agreement between the parties.
- Quintvisual Media & Marketing UG hereby declares, vis a vis the client, thatit has all necessary proprietary rights in relation to photos that are madeavailable to the client, including those taken by sub-contractors.
- Irrespective of the grant of a license, all rights of use remain withQuintvisual Media & Marketing UG , unless the contrary has been agreed inwriting between the contracting parties, and unless and until the client hasmade full payment in respect of such a transfer of rights of use. The clienthereby agrees and acknowledges that any transfer of rights of use is nonexclusiveand that Quintvisual Media & Marketing UG retains rights of use inany footage.
- The client is required to inform third parties, including sellers, tenants orinvestors, of the rights of use and the position of Quintvisual Media &Marketing UG for the duration of the term of the license. The respective seller,tenant or investor is therefore obliged to clearly indicate, in any documentsused by him such as advertising materials and prospectus, that QuintvisualMedia & Marketing UG is the rightful owner of the photographs.
- Quintvisual Media & Marketing UG is prepared to send prints to the seller,tenant or investor on condition that these are not reproduced, sold on ordistributed. The prints provided will in general bear a watermark or securitytag.
- A transfer of the rights of use by Quintvisual Media & Marketing UG to athird party will only ever occur at the end of an advertising campaign. In suchcircumstances, FAVE GmbH reserves the right to sell the rights of use to otherreal estate agents or advertising agencies.
- The client is prohibited from using Quintvisual Media & Marketing UG ´sphotographs for political,defamatory, indecent, offensive or degrading purposes.
Quintvisual Media & Marketing UG offers the following package deals to clients:
- Social Network Video Packages: in this package format QuintvisualMedia & Marketing UG is not responsible for the quality of the footageproduced and handed over by the client nor is Quintvisual Media &Marketing UG obliged to improve the quality of the video footage. Inthe event that this is requested, the standard hourly rates of QuintvisualMedia & Marketing UG shall apply. The standard equipment used byQuintvisual Media & Marketing UG for video shoots is a PanasonicLumix GH4, Gimble Ronin-M and or Tripod, Lens Panasonic Lumix 14 –140mm, f.3.5 Drone Phantom 3 Professional, 2 x GoPro4 Silver, 2 xHero4 black.
Basic: includes a 20 – 30 Second client video (selected from a list oftemplates available on Quintvisual Media & Marketing UG ´s website)that will be supplemented by us, using video footage and text providedto us by the client, via editing and post-production. Fixed price.
Semi-Exclusive: includes a 20 – 30 Second client video (selected from alist of templates available on Quintvisual Media & Marketing UG ´swebsite) that will be supplemented by us, using video footage andsuggested text provided to us by the client, via production, editing andpost production. Fixed price, excludes cost of permit, feees etc. forspecial locations or special requests.
Exclusive: the client and Quintvisual Media & Marketing UG agree, onan individual basis, the length of the planned video, as well as motiongraphics and text, to the client´s complete satisfaction. Price on anhourly rate basis. Other or additional equipment available on request.
- Real Estate Video Packages: includes a 1 Minute 30 Second – 2 Minute30 Second long video, the aim of which is to present a property. Inorder to fulfil the brief in this category, in particular Inside orCombination, one of the prerequisites is that Quintvisual Media &Marketing UG is allowed access to the property. Quintvisual Media &Marketing UG is neither responsible for the prevalent lighting, buildquality or condition of the property or individual apartment units. Theuse of additional light sources not only increases the fixed fee payable,but also has the potential to adversely affect the quality of the footagetaken with Quintvisual Media & Marketing UG ´s standard equipment.The staging of the interior of a building is in general terms dependentupon a variety of factors, including the architecture, the size of therooms, ceiling height, corridors, stairways etc.
Interior: includes a video tour of the interior of an apartment (based ona 3 room apartment, separate agreement may be required), 10 Fotos ofthe Interior as well as a 360 Degree Photo Tour, pre-agreed with theclient, of the specific interior aspects of the property. € 2.699,00
Exterior: includes a video tour of the exterior of the property,depending on version chosen, may include drone shots, as well as 10Photos of the Exterior. € 1.499,00 (without Drone) € 1.999,00 (withDrone)
Exterior+Interior: includes a video tour of the interior and the exteriorwith a maximum length of 2 Minutes 30 Seconds, 5 Photographs eachof the interior and the exterior, depending on the version chosen DroneShots, as well as a 360 Degree Photo Tour of the interior. From €3.349,00 (with Drone), € 2.849 (without drone).
Delivery/ Shipment of Goods & Services
- Unedited footage is generally not handed over us. If a client wishes to seeunedited footage pre-production and completion of the order, they canpurchase that footage for an additional fee of € 200,00 per day excludingVAT (viewable format) or € 250,00 per day excluding VAT (hard drive).
- The client has a duty to retain any footage delivered to him by us, inparticular in relation to first and final concept.
- All items, documents, footage etc stored by Quintvisual Media & MarketingUG , that were provided to us by the client, are stored by us at the risk of theclient. Quintvisual Media & Marketing UG is neither required to insure suchitems, nor does it purport to insure such items. Quintvisual Media &Marketing UG shall only be required to indemnify the client for the loss ordamage to such items of property in circumstances where such loss ordamage occurs within a 3 month period of time commencing with the dateof delivery of such items or property to Quintvisual Media & Marketing UG .In such circumstances, Quintvisual Media & Marketing UG ´s liability islimited to, where possible, replacing the items, documents or filmrecordings.
- The taking of photos and video footage is (including aerial shots) isdependent on the prevailing weather conditions (position of the sun,humidity, wind, time of year, temperature etc.) as well as the technicalspecifications of our drone ((Phantom 3 Professional, UHD: 4096x2160p24/25, 3840x2160p 24/25/30, FHD: 1920x1080p 24/25/30/48/50/60, HD:1280x720p 24/25/30/48/50/60, Photo: JPEG, DNG (RAW), Video: MP4,MOV (MPEG-4 AVC/H.264).
- Quintvisual Media & Marketing UG is in principle prepared to upload andsend video footage or photos via internet service providers, provided thefile size does not exceed 2 GB. Edited files can also be sent via otherinternet service providers that allow for file sizes greater than 2GB.Alternatively, we can send photos by post (hard drive or client´s transfermedium.
- If the client has specific wishes about the timing of the recording of thefootage, this can be taken into consideration, but can never be guaranteeddue to other considerations such as weather, air traffic and flight safety.
- After the order is confirmed by the client Quintvisual Media & MarketingUG will send the client a first version of their work. The client then has 7days from receipt of the first version in which to submit all changes/modification requests in writing. As soon as Quintvisual Media & MarketingUG has made the requisite changes/modifications, the client will be sentthe final version. The client then has a further 7 days in which to point outpotential mistakes in relation to the requested changes/modifications.From that point on, the client is no longer entitled to request furtherchanges/modifications unless he is prepared to make an additionalpayment in respect of the order.
- 14 days from receipt of the final version Quintvisual Media & Marketing UGreserves the right to refuse to make further changes/modifications to thefinal version. The client acknowledges that is may not be possible forQuintvisual Media & Marketing UG to accede to all such requests.Furthermore, the client acknowledges that Quintvisual Media & MarketingUG ´s refusal to carry out such changes/modifications neither constitutes adefect in the goods or services provided, nor does it constitute a basis forthe client claiming damages.
- Maximum delivery time is 3 months. After 3 months the client has anextraordinary right to rescind the contract. Such a rescission from thecontract will only be recognised, however, if it is done with immediateeffect, and in written form (letter, email, fax).
Duties of the Contractor
Drone, video footage or photos
- The contractor undertakes to ensure, that he has obtained the necessarypermission for the drone shoot from the relevant authorities.
- The contractor further undertakes to ensure, that the drone used for therespective shoot complies with all statutory obligations, including owneridentification on the drone and insurance.
- In the event of technical problems with the drone or its control elements,the contractor undertakes to inform the client immediately, either by way ofemail fax or telephone call with a note of the call
- The drone pilot will try to act in the best interest of the client and maximisethe flying time. When calculating time at a shoot the entire time a dronepilot is on site at the shoot is counted. The client acknowledges that actualflying time is less (Start, landing, change of battery pack, charging of batterypack, servicing the drone, avoiding overloading the engine etc.). Per hour itis only possible to conduct two drone flights. 1 Flying Day comprises of amaximum flying time of 5 ascents over an 8 hour period, and on theassumption that the requisite permit allows for it.
- Quintvisual Media & Marketing UG undertakes to ensure, that thecommissioned footage is taken and edited in a professional manner, takinginto account the technical parameters of the equipment.
- In the event that the equipment used by Quintvisual Media & Marketing UGin the course of a shoot fails for reasons attributable to Quintvisual Media &Marketing UG (f.ex. technical defect, improper use by employee or agent)Quintvisual Media & Marketing UG undertakes to immediately replace saidequipment with equipment that is at least on par with Quintvisual Media &Marketing UG ´s own equipment. The cost of replacing the equipment, aswell as the costs of re-organising the shoot, will be borne by QuintvisualMedia & Marketing UG .
Duties of the client
- The client expressly confirms that he has all necessary rights to place anorder. In the event that the placing of an order constitutes breaches of therights of third parties, the client and the client alone shall be liable for anyresulting claims.
- In order to footage to be taken the client undertakes to provide thecontractor with a description of the location of the shoot, so that thecontractor is better able to assess the feasibility of the shoot in advance.
- Whilst the contractor is responsible for obtaining a permit from the relevantauthorities, the client is aware that such a permit may be limited andinclude a number of stipulations (e.g. due to natural obstacles such asbuildings, cranes, trees or due to proximity to an airport) and that suchstipulations are completely outside the control of the contractor.
- The client is responsible for informing residents of the property that isenvisaged to be the location for a shoot as well as neighbouring buildings.The client also bears the risk of residents complaining about the shoot incircumstances where they believe that their right to privacy has beeninfringed in accordance with § 59 UrhG, § 6b BDSG.
- The client understands that the quality of the footage may be adverselyaffected for reasons set out above under the headings Services andDelivery and accepts and acknowledges that in those circumstances he isnot entitled to claim that the footage is defective, or that he should beentitled to damages.
- The client undertakes not to disturb or disrupt the drone pilot during theperformance of the contract. In particular the client undertakes not to speakto or otherwise distract the pilot during periods when the drone is airborne.
- Unless the parties specifically agree otherwise, the 50% of the fee ispayable as an advance when the order is placed. Final Payment is due onreceipt of the final version of the image data. Expenses, such as 3rd partyinvoices, travel exenses etc will be itemised separately on the invoice. In theevent of cancellation the following cancellation fee shall be due:
– after order is placed and before first version of the work is provided 50% net of the fee
– after first version of the work is made available to the client 70% net of the fee
– after the final version of the work is made available to the client 100% net of the fee
- If the client places an order with Quintvisual Media & Marketing UG at shortnotice and the contractors is required to work on weekends or weekdaysafter 22.00, the respective fee is automatically increased by 50% for thevolume of work to be achieved on that specific day (Saturday and after22.00 on weekdays). In the event that the contractors is required to workSundays the respective fee is automatically increased by 100 for the volumeof work to be achieved on that specific day.
- The client is only entitled to offset an amount if that amount has beenrecognized in a declaratory judgment, is undisputed, undisputable orapproved by us.
Liability for defects
- In the event that the client is a consumer, Quintvisual Media & MarketingUG is liable for any defect to the work delivered in keeping with statutoryrequirements, within the limitations set out below.
- The limitation period for defects is 1 month. The term commences with thepassing of the risk from contractor to client. For damages claims pleaserefer to liability for damages below.
- There are no guarantees in respect of the work carried out by QuintvisualMedia & Marketing UG .
Liability for damages
- The client is generally prohibited from making a claim for damages. Theonly exception to this rule is claims arising out of injury to life, limb orgeneral well-being of an individual, or claims that are based on a wilful orgrossly negligent act or omission in relation to our duty of care, either byourselves, our legal representatives or agents. A further exception are themajor contractual obligations upon which the client is entitled to rely, egthose that are fundamental to the achievement of the aims of the contractbetween the parties. For minor infringements of the major contractualobligations our liability is limited to foreseeable contractual damages.
- Liability for damages become time-barred within 1 year of the claim arising,in the event of a defect in the work undertaken from the point at which therisk passes from the contractor to the client. For claims arising out of injuryto life, limb or general well-being of an individual, or claims that are basedon a wilful or grossly negligent act or omission in relation to our duty ofcare, the statutory limitation periods apply.
- Insofar as the liability for damages is excluded or limited in relation toQuintvisual Media & Marketing UG , the same shall apply to the personalliability of our employees, legal representatives, and agents.
- The maximum liability for injuries to persons or property is 5 Million Euro.
Reservation of proprietary rights
- Quintvisual Media & Marketing UG retains all proprietary rights to the workundertaken until full payment of the agreed fees is made.
- 3rd party enforcement proceedings in relation to reserved goods or servicesare required to be notified to Quintvisual Media & Marketing UG by theclient with immediate effect. This applies equally to any other kind ofinterference with the reserved goods or services. Independently of theabove, the client undertakes to advise all 3rd parties of the proprietary rightsof Quintvisual Media & Marketing UG in the goods or services provided.
- These Terms and Conditions are subject to the laws of the Federal Republicof Germany.
- Insofar as there are no provisions to the contrary in the contract, place ofperformance of the contract and payment is our registered office. Thestatutory provisions in relation to place of jurisdiction remain unaffected,but only insofar as paragraph 3 below does not alter that position.
- Exclusive jurisdiction for any disputes arising out of these terms andconditions and contracts with businesses or legal entities are the courtsresponsible for our registered office.