Christoph Marti / AGB

AGB

General Terms and Conditions (GTC) JEP Schweiz GmbH
The masculine spelling is predominantly used in the text. JEP Schweiz GmbH naturally assumes equal treatment
of women and men and has refrained from using the female form exclusively for reasons of readability.
1 Scope of Application
The present general terms and conditions apply to all orders, sales contracts and contracts for work between
customers and JEP Schweiz GmbH (hereinafter referred to as “JEPS”) for the production of visual or audiovisual works.
1.1 Clients
All natural or legal persons who have commissioned JEPS to produce a work of any kind for a fee of any kind are considered to be clients.
of any kind against payment of any kind.
2 Film productions
2.1 Legal relationship
The film productions are concluded in principle as contracts for work. The contract is considered concluded with the signing of the
as concluded with the signing of the offer.
2.2 Production time
A first draft is usually delivered to the customer within three weeks after shooting. The mentioned time span can
vary depending on the order. The client’s deadlines will be taken into account after prior consultation.
2.3 Revision of the draft
The offer usually includes the one-time revision of the above-mentioned draft according to the client’s wishes,
unless expressly stated otherwise in the offer. Any further adjustments will be charged by the hour according to the valid rate for post-production.
2.4 Other use
Should the client wish to use the final product in a different form or for a purpose that differs significantly from the agreed upon
JEPS must be contacted in advance.
2.5 Sale of the work by the client
It is forbidden for the client to sell the pictures or the work in any way or to resell the rights to them.
or to resell the rights thereto. This is subject to prior approval by JEPS, which may result in costs.
2.6 Material usage fee & liability
First and foremost, the client pays for the service provided by JEPS. The client is obligated to pay an additional fee for the material usage of the camera equipment (according to the offer). The client is liable for the damage caused by him intentionally
or negligent damage to the material.
2.7 Cancellations
Cancellations concerning a shooting day must be communicated at least 24 hours before the start of the shooting day.
2.8 Cancellation within 24 hours
For cancellations communicated less than 24 hours prior to the start of the shooting day, JEPS shall charge half (50%) of the
of the quoted price of the personnel and material costs.
2.9 Cancellations on location
For cancellations that are only communicated at the shooting location (as soon as the employee leaves the JEPS location, the regulation at the shooting location applies), JEPS will charge half of the quoted price.
shooting location), JEPS will charge the full (100%) quoted price (personnel and material costs).
2.10 Weather dependence
If a shoot is weather-dependent, JEPS decides in consultation with the client on the execution. In case of cancellation at short notice, the client will not be charged in this case.
2.11 Acceptance
The quoted price does not include any assistance in handling the work. JEPS assumes that the customer is capable of
is able to receive a digital product and to secure it accordingly. For any loss of data after the
handover is not liable. In the case of third-party services (such as DVD pressing), the third-party provider is directly liable.
2.12 Storage at JEPS
JEPS retains the raw data as well as the final version handed over to the client for six (6) months. After this period, JEPS does not guarantee that the works can be subsequently delivered.3 Photo Productions
3.1 Legal relationship
The photo productions are basically concluded as contracts for work. Excepted from this is the purchase of
vouchers, which is concluded as a contract of sale. The contract is considered concluded with the order in the online store or with the appointment reservation for the shooting. If an offer is issued in advance, the contract is considered concluded with the signing of this offer.
offer as concluded.
3.2 Cancellations
Cancellations regarding a photo shooting must be communicated at least 24 hours before the start.3.3 Cancellation within 24 hours
For cancellations received less than 24 hours prior to the start of the event, JEPS will charge half (100%) of the quoted price.
of the personnel and material costs. If payment has already been made by credit card or similar, no refund will be made.
3.4 Use
The client has the right to use the processed photos at his discretion. The customer has no right to use or receive the unedited originals, except by express prior agreement.
3.5 Acceptance
The price offered or paid does not include assistance in handling the work. JEPS assumes that
the client is able to accept a digital product and to secure it accordingly. For any loss of data
after the handover is not liable. In the case of third party services (such as print production), the third party provider is directly liable.
3.6 Storage at JEPS
JEPS retains the raw data as well as the final version handed over to the client for two (2) months. After this period
JEPS does not guarantee that the works can be delivered later.
4 Other productions
4.1 Definition
All productions that cannot be classified as photo or video productions fall under these provisions. This
are productions such as the creation of websites, the creation of business stationery, vehicle or other lettering
as well as event consulting.
4.2 Legal relationship
All productions that end in a tangible, visible individual product are contracts for work. All other productions, in particular consulting services, are orders.
4.3 Analogous provisions
The provisions on film productions shall apply analogously to the productions of this title.
5 Payments
5.1 Payment period
In principle, the payment period is 14 days from the date of invoice, unless otherwise stated on the invoice.
5.2 Default of payment/dunning process
The customer falls into arrears on expiry of the payment period without a reminder. From this date, interest on arrears of 5% p.a. shall be owed. After expiry of the payment period, the customer shall receive a payment reminder without charge on the same channel as the
invoice (e-mail or A-Post). Without receipt of payment, a fee-free 1st reminder will be sent by A-Post. Without receipt of payment on the first, a fee-based 2nd reminder (fee CHF 10.00) will be sent by A-Post Plus. If no payment is received, a chargeable 3rd and final reminder (fee CHF 50.00) will be sent by registered mail and A-Post Plus.
Without any further reaction, the payment proposal will be sent and the debt will be enforced.

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