Terms & Conditions
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Scope and Conclusion of Contract
```- These Terms & Conditions apply to all contracts between PEG Career Commercials GmbH and its clients.
- The services are provided exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Contracts with consumers within the meaning of Section 13 BGB are excluded.
- Contracts as well as amendments or additions must be made at least in text form, for example by email.
- Conflicting or deviating general terms and conditions of the client shall not apply unless their validity has been expressly agreed to in text form.
- Offers made by PEG Career Commercials GmbH are binding for 30 days unless otherwise stated.
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Scope of Services
- PEG Career Commercials GmbH produces recruiting videos, corporate films, social media clips, AI-supported video formats, for example AVACRUIT® and AVAPRESENT, as well as structured remote video formats, for example AVAFILM.
- The type and scope of the services are defined in the respective offer or contract.
- PEG Career Commercials GmbH is entitled to use qualified third parties to provide the agreed services.
- Unless otherwise agreed, two rounds of revisions are included in the agreed fee. Further change requests will be charged according to the effort required.
- The client is obliged to provide all content, information, materials and approvals required for the execution of the project in good time. Delays caused by late cooperation on the part of the client shall extend agreed production deadlines accordingly.
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Fees and Payment Terms
- The fee is based on the respective offer or contract.
- Travel, accommodation and third-party costs will be charged separately. Travel by car will be charged at EUR 0.50 net per kilometre driven.
- Unless otherwise agreed, 50% of the agreed fee is due after the order has been placed or after the kick-off meeting. The remaining amount is due after acceptance.
- Invoices are payable within 14 days from the invoice date without deduction.
- If the client is in default of payment, the statutory default rules pursuant to Section 288 BGB shall apply. The right to claim further damages caused by default remains reserved.
- Rights of set-off or retention shall only exist insofar as counterclaims are undisputed or have been legally established.
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Cancellation of Production or Filming Days
If a bindingly agreed production or filming day is cancelled or postponed by the client, PEG Career Commercials GmbH is entitled to charge the following cancellation fees:- up to 14 calendar days before the scheduled date: 25%
- up to 7 calendar days before the scheduled date: 50%
- less than 7 calendar days before the scheduled date: 75%
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Acceptance and Rights of Use
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Acceptance
The client is obliged to review the delivered service without undue delay after provision.
The film shall be deemed accepted unless the client reports material defects in text form within 7 working days after provision. -
Rights of Use
Upon full payment, the client receives a simple, temporally and geographically unrestricted right of use for the produced content for the client’s own marketing, recruiting and corporate purposes, unless otherwise agreed.
Transfer to third parties or editing beyond the agreed scope requires the consent of PEG Career Commercials GmbH. -
Use as Reference
PEG Career Commercials GmbH is entitled to use created content for reference and self-promotional purposes unless the client expressly objects or legitimate confidentiality interests prevent such use. -
AI-Supported Productions
AI-supported productions are created using external technical platforms. Technically caused deviations in appearance, voice or animation do not constitute a defect unless they are based on intent or gross negligence. -
Third-Party Rights
The client warrants that the content provided by the client is free from third-party rights and shall indemnify PEG Career Commercials GmbH against all third-party claims, including reasonable legal defence costs.
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Acceptance
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Liability
- PEG Career Commercials GmbH shall be liable without limitation in cases of intent, gross negligence and injury to life, body or health.
- In the event of a slightly negligent breach of essential contractual obligations, also known as cardinal obligations, liability shall be limited to the foreseeable damage typical for this type of contract.
- Any further liability is excluded. Liability under the German Product Liability Act remains unaffected.
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Limitation Period
Contractual claims for damages shall become statute-barred one year after the statutory limitation period begins.
This does not apply to claims arising from intent, gross negligence or injury to life, body or health.
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Final Provisions
- If any provision of these Terms & Conditions is or becomes invalid, the validity of the remaining provisions shall remain unaffected.
- German law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
- The exclusive place of jurisdiction for all disputes shall be the registered office of PEG Career Commercials GmbH, provided that the client is a merchant, a legal entity under public law or a special fund under public law.
This English version is provided for international visitors. In case of discrepancies, the German legal version shall prevail.
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