terms & conditions

Project Organization

To guarantee a smooth process the client shall designate a contact person with decision-making powers. Should he fail to do so any additional costs shall be paid for at the hourly rate mentioned in our offer.

Logistics

b-sharp generally organizes the transport of its personnel and equipment on its own. The client shall be obligated to provide b-sharp in due time with all necessary information regarding dates and destinations of his itinerary and/or regarding any changes to the production schedule. Should the services of b-sharp also include obtaining visas, then the client shall make all necessary documents available to b-sharp in due time and/or institute the necessary application process.

Insurance

b-sharp will take out Europe-wide transport insurance for the recording equipment to be used. The client shall pay an additional fixed insurance fee for travel to non-European countries. Irrespective thereof the client shall be responsible for the security of our equipment on location. Should it be impossible to safely lock the premises in which we work, then the client shall hire a professional security service.

Non-Liability

Our employees are covered by professional liability insurance for any damage occurring in the course of the recordings. Any further claims shall be limited to fees to be expected.

b-sharp shall not take over any guarantee for any services it shall arrange, since it is not the provider of said services. Thus any claims due to delay in transport shall be asserted directly against the carrier.

Any unforeseen impediments arising from force majeure, lack of raw materials, damage to equipment, disruption in operations or delays in traffic, strike, lockout and the like shall entitle b-sharp to demand, at its discretion, a corresponding extension of the delivery date after discontinuation of the impediment or to withdraw from the contract. In case of withdrawal from the contract the client shall have no right to assert any claims against b-sharp.

Should any impediments arise in the course of a recording that lead to a change of the agreed terms of reference, then the client shall always be charged for the services actually provided. Should the recording session be aborted, then the entire agreed recording fees shall be charged.

Cost Calculation

The costs quoted in our offer are based on information available to us at the time of the quote. They are not binding, relate to the specific project and shall be subject to change for a period of 6 months.
A binding final offer on the basis of all questions to be cleared up shall specify all terms of reference. Any additional costs due to deviations from the agreed contractual terms shall be charged separately.Any production-related collateral costs for

  • transport of personnel and equipment
  • ATA Carnet preparation and disclosure
  • customs clearing
  • accommodation and travel expenses
  • parking, telephone charges, copies
  • scores, etc.
  • shipping of reference masters and master media

shall be passed on to the client 1:1. For traveling to the location by company car we charge a mileage of € 0.30/km that is recognized by the German Tax Office. All services provided by b-sharp in Germany are subject to the statutory VAT of 19%.

Payment Terms

Any estimated travel and transport costs as well as any project planning fees shall be payable upon confirmation of the contract. The remainder of the recording fees and/or the final balance of travel expenses shall be payable after the final recording session. Any post-production is charged on an hourly basis and shall become payable upon handover of the master at the latest.

Unless direct payment of third-party service providers shall have been expressly agreed, all payments shall be made to b-sharp.

Payment shall be made directly upon receipt of the invoice without any deductions, however, no later than within 10 working days or two weeks. Any other payment terms shall require prior consultation and shall only apply upon written confirmation by b-sharp. In case of default of payment we charge interest in arrears of 2% above the prime rate. We reserve further rights, in particular the right to claim damages incurred through default of payment.

Retention and Set-Off

b-sharp may also assert a right of retention for such claims arising for a third party in the course of a recording. The customer may only set off such counterclaims that are not contested by b-sharp or that have been conclusively determined by a court of law. All recorded material shall remain the property of b-sharp until payment has been made in full.

Rights

Failing an agreement to the contrary, all rights in the recording shall pass to the client upon full payment of the project. b-sharp shall be entitled to use excerpts of the finished material for promotional purposes and shall receive the standard 10 specimen copies.

Copyright

Any changes to the production master delivered by b-sharp shall be prohibited.
b-sharp shall be released from any claims arising from a violation of the above provision. We point out that any export of the production master delivered by b-sharp may conflict with the copyright or related industrial property rights of third parties in other countries. b-sharp rejects any liability should the client be sued by holders of such foreign rights.The client warrants that any project contracted with b-sharp shall not violate any third-party industrial property rights, petty patents and design patents, trademarks and the like or other statutory provisions in terms of content, design and similar elements. Insofar as any such violation shall lead to claims or court proceedings against b-sharp, b-sharp shall be released from any such claims and/or from any liability for damages arising therefrom.

Cancellation Charges

Should a confirmed project fall through, the client will be charged for any costs already incurred and/or for the pre-production fees in full. In case of cancellation

  • up to four weeks in advance we charge 25% of the agreed fees;
  • up to two weeks in advance 50% of the agreed fees;
  • up to one week in advance 100% of the agreed fees in addition.

Quality Assurance

We check all master media for data integrity and prepare supporting documents with the corresponding test results as well as the relevant production data. In a concluding quality assurance process all masters are subjected to an acoustic check before leaving our studio. Should the client waive these quality assurance measures, all warranty claims shall be void.

Storage

b-sharp shall not be obligated to store any production documents, master and recording media for any follow-up project for more than 3 months after finishing the initial project. The production documents, master and recording media stored at b-sharp may be destroyed thereafter without prior notification of the client. However, the client may demand that the production materials be handed out to him at his expense prior to expiry of the above period. In case of damage to the above mentioned production documents due to storage, b-sharp shall not be held liable for more than 6 months as of receipt or production thereof.

Applicable Law

All contracts and related legal relations between b-sharp and the client shall be exclusively governed by the laws of the Federal Republic of Germany, in particular by the provisions regulating agency business against payment under Sect. 675 German Civil Code (BGB). Place of jurisdiction and performance shall be Berlin.

Final Provisions

Should one or several provision of these Terms and Conditions be or become invalid, this shall not affect the validity of all other provisions.