1. Contract terms
The following conditions govern the relationship between client and the agency The NEUM Collective GmbH. (Hereinafter referred to as agency) They apply to all orders submitted to the agency and are therefore an integral part of every order or work contract.
2. Written form
Deviations from the following terms or conditions (see offer) must be made in writing.
3. Duty of loyalty
The Agency undertakes to carry out the tasks assigned to it carefully, conscientiously and responsibly. It undertakes to keep information entrusted to it or prepared for the client confidential.
4. Copyright
The copyrights to all works created by the agency (concepts, sketches, drafts, etc.) belong to the agency. It may dispose of these rights in accordance with the provisions of the Federal Act on Copyright and Related Rights of October 9, 1992. It follows from this principle, among other things, that the client is not entitled to use the relevant works and/or make changes — in particular to individual design elements — without the consent of the agency. The agency is entitled to designate its authorship of the works it has created in a form to be determined by it.
5. rights of use,
Scope of use
In principle, the agreed rights of use are only transferred to the client upon full payment of the fee. The scope of permitted use of the works created by the agency results from the purpose of the contract concluded with the client. In particular, works created by the agency, procurement documents or parts of them, which are handed over to the client, may only be used within the framework of the agreed contract. Unless otherwise agreed, this right of use is unlimited in time and geographically and excludes any use outside the purpose of the contract and the release of raw data. However, the parties may renegotiate any use outside the purpose of the contract and the release of raw data. For any use outside the purpose of the contract, the client must obtain permission from the agency and compensate accordingly for the additional use.
7. Guarantee
In the case of editing, adapting or redesigning third-party works (such as videos, photos, logos, websites, all graphic designs, texts, samples, etc.), the agency may assume, without express notice from the client, that the right to such uses exists and that, accordingly, no third-party rights are infringed. Should the rights of third parties nevertheless be infringed, the client shall indemnify the agency in every respect.
8th model release
Anyone who appears in front of the camera as a model, actor, extras or similar, as part of a customer project or for the agency's own promotion, agrees that the resulting images, videos, sound recordings and other content can be used, modified and distributed for the agency or its customers. The limitation of the use of respective recordings requires a model contract (Collective Model Release) in written form.
9. Proper offer and
Fee statement
The basis for the correct quote and fee statement is the collective fee system. As a rule, a written, individual quotation is submitted before the start of the order. The correct offer shows whether an order is rewarded with a lump sum defined in advance or according to the time and hourly rate of the respective service provider (creative director, art director, graphic designer, copywriter, etc.). Any additional costs required as a result of changed requirements will be announced to the client in good faith at an early stage and invoiced upon completion of the project.
10. Considering
Customization requests
The client has the right to request constructive changes to the work carried out by the agency. As a rule, a defined time frame is already taken into account in the correct offer for the additional expenditure arising from a change request from the client. If the change requests exceed an average scope and therefore exceed the time frame defined in the correct offer, the resulting additional expenses are taken into account as such and charged at regular conditions.
11. Reduction or cancellation of the order
If the correct offer shows a lump sum fee or a defined term, the agency reserves the resources necessary to perform the contract. An early cancellation of the order or a refund of the fee is therefore excluded.
If the correct quote shows compensation for expenses based on the time and hourly rate of the respective service provider (creative director, art director, graphic designer, copywriter, etc.), it is possible to reduce or cancel an order. In this case, the agency is entitled to: settlement of its work so far (pro rata temporis), settlement of its expenses and advance payments made by third parties, compensation for all damage resulting from the reduction or cancellation. In addition, the Agency has the right to use the work it has done so far elsewhere if the contract is cancelled. The rights of use remain with the agency in full.
12. Billing
The agency must make the settlement on the basis of the correct offer and the services provided.
13. payment terms
Projects up to a total amount of CHF 5,000 can be invoiced before the start of the project.
For projects up to a total amount of CHF 100,000, a deposit of 50% will be charged before the start of the project. The remaining share, as well as any additional expenses, will be charged upon completion of the project.
For projects with a total volume of over CHF 100,000, a down payment of 30% is charged. We reserve the right to invoice expenses at the end of each month.
For projects with ongoing support (retainer), the fee is charged at the beginning of each month. Any
Additional expenses will be charged at the end of the month or at the beginning of the next month.
For projects whose billing address is outside Switzerland, the total amount in accordance with the offer is categorically charged in advance and any additional expenses are charged at the end of the project or on a quarterly basis.
14th Production day cancellation
For weather-dependent shoots, the agency makes a recommendation as to whether a shoot should be carried out or not. The final decision always lies with the customer. If a planned shoot cannot take place at the customer's request, this must be notified at least 72 hours in advance. If this is not the case, agency costs (e.g. reserved resources for a day of shooting) and external costs (e.g. booked models) can be charged to the customer.
15th Use concepts
All rights of use of the developed concepts are only transferred to the customer after full payment of the work done. Unless explicitly agreed upon at the start of the project, the customer has no sole right to the resulting concept. We can continue to use it in modified form.
16. output
The key data of a project specified in the offer (length of video, number of feedback rounds, etc.) are binding. An expansion of key data (e.g. more videos, language versions, playout in other formats, etc.) may result in additional costs.
17. use of footage
The rights to use the raw material are not automatically included in an order. We store all resulting data on our servers for at least 3 years and are happy to use them for future video editing jobs. If a customer wishes to obtain all rights to use the resulting raw images, this is settled with a buy-out.
18. Applicable Law
The relationship between client and agency is subject to Swiss law. Insofar as the agency's terms and conditions do not regulate otherwise, the provisions of the Swiss Code of Obligations in Art. 394 et seq. concerning simple orders apply.
19. Jurisdiction
The place of jurisdiction is the place of business of
Agency, Lucerne.
