Terms.

This is a courtesy translation. The German version is legally binding.

§ 1 — ScopeScope of application

(1) These General Terms and Conditions (GTC) apply to all contracts between AmberMotion (hereinafter the “Contractor”) and its clients (hereinafter the “Client”) for the creation of motion and video content as well as post-production services.

(2) Deviating, conflicting or supplementary terms of the Client do not become part of the contract unless their validity is expressly agreed to in writing.

§ 2 — ConclusionHow a contract comes about

(1) Offers from the Contractor are subject to change and non-binding unless they are expressly designated as binding.

(2) The contract is concluded by written order confirmation from the Contractor (including by email) or by the actual commencement of the provision of services.

§ 3 — ServicesWhat we deliver

(1) The Contractor provides services in the field of visual content production: short product videos, real-estate videos, social media clips, advertising spots, website videos and post-production (edit, color grade, sound, multi-format export).

(2) The precise scope of services follows from the written offer or order confirmation. Verbal side agreements require written confirmation to be effective.

(3) Deadlines and delivery times are guideline values unless expressly agreed as binding.

(4) The Contractor reserves the right to use suitable tools, pipelines and methods at its own discretion to carry out the work, provided the agreed result is achieved.

§ 4 — Prices & paymentFees and payment terms

(1) All prices are net plus the applicable statutory VAT.

(2) For more extensive projects, payment is staggered into three instalments: one third on order confirmation, one third at the start of production, one third on delivery. For smaller projects, invoicing takes place after sign-off.

(3) Invoices are due for payment without deduction within 14 days of the invoice date.

(4) In the event of late payment, the statutory default interest applies. The Contractor reserves the right to suspend further services until outstanding invoices have been settled in full.

(5) Payment by bank transfer (invoice) or PayPal.

§ 5 — CooperationThe Client's duties to cooperate

(1) The Client provides the materials, information, texts, images, logos and other content required for carrying out the order in good time and in suitable form.

(2) The Client warrants that the necessary rights of use exist in the materials it provides and that third-party rights do not conflict. In this respect, the Client indemnifies the Contractor against claims by third parties.

(3) Delays resulting from a failure to cooperate in good time are not to the Contractor's detriment and may postpone agreed delivery dates accordingly.

§ 6 — RevisionsChange requests and revision rounds

(1) The scope of the order includes one round of revisions after the initial presentation of the completed work. Within this round, the Contractor makes the changes requested by the Client.

(2) Further change requests that go beyond the included revision round are charged by effort on the basis of an hourly rate and communicated transparently in advance.

(3) Once the Client has given express sign-off, subsequent changes are chargeable.

§ 7 — Rights of useRights to the delivered material

(1) Upon full payment of the agreed fee, the Contractor grants the Client the simple rights of use in the delivered works required for the contractually agreed purpose. Unlimited in territory and time, but exclusively for the agreed purpose of use (e.g. webshop, social media, the Client's own marketing).

(2) Any use beyond this — in particular resale to third parties or use in a context other than the agreed one — requires a separate agreement.

(3) The Contractor reserves the right to use the delivered works for its own promotional purposes (showreel, website, social media, pitches) unless this has been expressly excluded.

(4) All raw materials, project files, intermediate stages and drafts created in the course of the project remain the property of the Contractor and are generally archived for six months after delivery.

§ 8 — ConfidentialityHandling of information

Both parties undertake to treat as confidential all information of the other party that becomes known to them in the course of the collaboration and that is marked as confidential or is confidential by its nature, and not to disclose it to third parties without consent. This obligation also applies beyond the termination of the engagement.

§ 9 — LiabilityLimitation of liability

(1) The Contractor is liable without limitation for damage arising from injury to life, body or health, as well as in cases of intent and gross negligence.

(2) For slight negligence, the Contractor is liable only in the event of a breach of essential contractual obligations (so-called cardinal obligations), limited to the foreseeable damage typical of the contract.

(3) Liability for lost profit, indirect damage or consequential damage is excluded to the extent permitted by law.

(4) The foregoing limitations of liability do not apply within the scope of the German Product Liability Act.

§ 10 — Final provisionsApplicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Insofar as the Client is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes is Neuss. This also applies if the Client has no general place of jurisdiction in Germany.

(3) Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the valid provision that comes closest to its economic intent and purpose.