Terms of Use

A. General Terms of Use for the Platform

1. General

1.1 Scope of application

These general terms of use apply in the version valid at the time of the conclusion of the contract for all business relations between us (the Beazy UG (haftungsbeschränkt), c/o Factory Works GmbH, Rheinsberger Str. 76/77, 10115 Berlin, represented by its managing director: Julia Besson) and you regarding the use of our platform. If you use any conflicting terms and conditions, they are hereby expressly rejected.

1.2 Contract agreement

The contract language is English. 

"Users" are all persons who use the functions of our platform. 

In the sense of these General Terms and Conditions, "Users" are exclusively entrepreneurs in the meaning of § 14 BGB (German Civil Code).

"Customers" in the sense of these General Terms and Conditions are users who book/order paid services/goods from Providers.

"Providers" are Talents and Suppliers who present their company on our website and, if applicable, create an offer in response to a Customer's advertisement or advertise offers via our website.

1.3 Registration (Free User Contract)

To use the full scope of our website, it is first necessary to create a customer account. Here, the data required for the provision of services by us will be requested. The entries are confirmed by clicking on the "Create Account" button. You will then receive a confirmation e-mail with the information required for login. Only when you have logged in to our website for the first time with these details is the registration complete.

An account cannot be transferred to other users/customers or other third parties.

The contract text will be saved by us and sent to you in text form (e.g., e-mail, fax or post) after you have sent your order together with these terms and conditions and customer information. However, you will no longer be able to retrieve the contract's text via the website after you have sent your order. You can use the browser's print function to print out the relevant website with the contract's text.

1.4 Subsequent amendment of the Terms of Use

We shall be entitled to make subsequent amendments and additions to the General Terms of Use in relation to existing business relationships, insofar as changes in legislation or case law make this necessary or other circumstances lead to the contractual equivalence relationship being disturbed to a more than insignificant extent. A subsequent amendment of the terms and conditions shall become effective if you do not object within six weeks after notification of the amendment. At the beginning of the period, we will expressly draw your attention to the effect of your silence as acceptance of the contractual amendment and give you the opportunity to make an express declaration during the period. If you object within the time limit, both you and we may terminate the contractual relationship without notice unless we allow the contractual relationship to continue under the old General Terms of Use.

2. Service description

2.1 General

We offer a B2B platform where you can book talents (e.g., freelancers, models), locations, and equipment to produce high-quality content.

2.2 Performance

We are entitled to have the contract or parts of the contract fulfilled by third parties.

2.3 Time of performance

Unless otherwise expressly agreed, we provide the service immediately after registration by activating your profile.

3. Your responsibility

3.1 General

You are solely responsible for the content and accuracy of the data and information you submit. You also undertake not to transmit any data whose content infringes the rights of third parties or violates existing laws. By transmitting data to us, you confirm that you have complied with copyright regulations.


3.2 Indemnification

You shall indemnify us against all claims asserted against us by third parties on account of such infringements. This also includes the reimbursement of costs of necessary legal representation.


3.3 Data backup

You are jointly responsible for backing up the information sent to us. We cannot be held responsible for the loss of your transmitted information, as we do not provide a general data backup guarantee.


3.3 Abusive contributions

Abusive offer designs or contributions will be deactivated or deleted by us without prior notice. Such content designs are given, e.g., in the following cases:

- False and/or incorrect information,
- Contributions are misused as advertising space,
- Searchers are made aware of an offer by unspecific or even false information (this includes, among other things, incomplete offers, incorrect information),
- The forwarding of interested parties to Internet or telephone services against payment,
- Contact details are only disclosed after paid registration,
- Sending spam
- Transmission and storage of infringing, obscene, threatening, abusive or otherwise offensive
- Content that violates the rights of third parties
- Transmission and storage of viruses, worms, Trojans and harmful computer codes, files, scripts, agents or programs
- Uploading programs that are capable of disrupting, impairing or preventing the operation of the service,
- Attempting to gain unauthorized access to our service or to individual modules, systems or applications, or granting such access to third partie
- Content that glorifies violence, is pornographic or otherwise offensive or punishable by law.

In case of recurring violations, we reserve the right to block or delete your account. In this case, payments already made cannot be refunded. The right to extraordinary termination remains unaffected.

3.4 Confidentiality

Your rights under this contract are not transferable. The password, which allows you to access your personal area and thus also the data collection, is to be treated as strictly confidential and may not be disclosed to third parties under any circumstances. You shall take appropriate and reasonable measures to prevent third parties from obtaining knowledge of your password. We are not liable for any damage caused by the misuse of the password.


3.5 Profile data

You are obligated to keep the content and profile information you have posted up to date at all times and to inform us immediately of any misuse of your profile.


3.6 Mandatory information for advertisements

As a provider / customer, you are responsible for ensuring that you comply with and properly provide the necessary mandatory information (in particular, the obligation to provide a legal notice and information on any applicable value-added tax) for your advertisements. 


4. Term, Blocking and Termination

4.1 Termination of a user account

The user relationship is concluded for an indefinite period of time. It begins with the activation of the account and can be terminated by you at any time by deleting your profile via the usual account deletion routine or by giving notice to us in text form. In particular, we reserve the right to delete user accounts that have not been fully registered and that have been inactive for a period of at least six months. An account currently used to publish advertisements may only be terminated by us for a good cause. With the termination of the free user contract, the profiles and contents assigned to the account will also be deleted.


4.2 Termination without notice

The right to terminate the contract without notice for a good cause remains unaffected. Good cause shall be deemed to exist in particular if

- You have provided incorrect or incomplete information when concluding the contract,

- you repeatedly violate other contractual obligations and do not cease the breach of duty even after being requested to do so by us.

5. Use of content

By placing content in the database, you grant us the right to use this content for an unlimited period of time for the purpose of placing and making it available in the database and for retrieval and storage by third parties, in particular, to store, reproduce, make available, transmit, link and publish the content. This may also be done by or in the form of advertising material (in particular linking on social networks, use for commercials, use for own website or also in printed form etc.) by third parties or by us. In this case, the author explicitly waives his right to be named. Furthermore, we receive the right to rework the content, especially if it does not meet the above requirements of these conditions.


6. Evaluations

6.1 General

We give you the opportunity to rate the offers and services of our providers. In doing so, you are obliged to provide the information to the best of your knowledge and belief. We can editorially review submitted evaluations for their admissibility. We are entitled, but not obliged, to publish ratings on our website and make them visible to all users.


6.2 Abusive or illegal ratings

Abusive or illegal ratings will be deactivated or deleted by us without prior notice. Such are given in particular if false, insulting or other infringing information is provided, or the reviews are misused as advertising space.


7. Usability of the services

7.1 Further development of the service/availability

We endeavor to adapt our services to current technical developments. We, therefore, reserve the right to make changes to the agreed services insofar as such changes do not affect the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also entitled to interrupt the website operation partially or completely for the purpose of updating and maintenance within reasonable limits. In this respect, we do not guarantee the availability of the services offered at all times and do not warrant that the services offered or parts thereof will be made available and can be used from any location. This shall not affect the statutory warranty rights.


7.2 Technical requirements

The use of the website requires appropriate compatible devices. It is your responsibility to put or keep the device in a condition that allows the use of the website services.



8. Liability

8.1 Disclaimer

We, as well as our legal representatives and vicarious agents, are only liable for intent. Only if essential contractual obligations (i.e., obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are affected, we shall also be liable for gross or slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract.


8.2 Reservation of liability

The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.


8.3 Data backup

We carry out effective data backups as part of the service provision but do not provide a general data backup guarantee for the data transmitted by you. You are also responsible for creating appropriate backups of your data at regular intervals to prevent data loss. We will exercise reasonable care to provide the agreed service and provide the data backup with the necessary expertise. However, we do not warrant that the stored content or data you access will not be accidentally damaged or corrupted, lost or partially removed.


8.4 Liability for content

You are solely responsible for the content of your posts or profile. You may not violate any applicable laws or these General Terms of Use with the content. You also undertake not to transmit any data whose content violates the rights of third parties (e.g., personal rights, rights to a name, trademark rights, copyrights, etc.). In particular, contributions or profiles with illegal content may not be published, or untrue facts asserted. As the operator of the website, we are not liable for incorrect information provided by users in their posts or profiles. A review of the content posted on our site (especially with regard to the violation of third-party rights) does not take place. However, should we become aware of incorrect, inaccurate, misleading or unlawful information, we will check this immediately and remove it if necessary. We also do not guarantee the accuracy, timeliness, completeness, quality or legality of content that does not originate from us. We merely make our platform available to you.

9. Final provisions

9.1 Place of jurisdiction

Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.


9.2 Choice of law

Unless mandatory statutory provisions according to your home country's law conflict with this, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.


9.3 Severability clause

The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.




B. General Terms and Conditions for Customers

1. General

1.1 Scope

These terms and conditions apply in the version valid at the time of the contract for all business relations between us (Beazy UG (haftungsbeschränkt), c/o Factory Works GmbH Rheinsberger Str. 76/77, 10115 Berlin, represented by its managing director: Ms. Julia Besson) and you as a customer. Should you use conflicting general terms and conditions, these are hereby expressly contradicted.


1.2 Contractual Agreement

The contract language is English. 

"Users" are all persons who use the functions of our platform. 

In the sense of these General Terms and Conditions, "Users" are exclusively entrepreneurs in the meaning of § 14 BGB (German Civil Code).

"Customers" in the sense of these General Terms and Conditions are users who book/order paid services/goods from Providers.

"Providers" are Talents and Suppliers who present their company on our website and, if applicable, create an offer in response to a Customer's advertisement.

1.3 Conclusion of Contract 


1.3.1 Conclusion of Contract between Customer and Provider

The contract is concluded exclusively between the customer and the Provider. Therefore, we only provide you with our platform for advertising or technical processing of the contract. 


For a booking/order, you have to go through the following steps as a customer:


First, you create an advertisement in which you describe your project and specify your need for talents (e.g., models, photographers), locations (e.g., photo studios, apartments) and/or equipment (e.g., cameras, lighting equipment). 


Here you can decide whether you want to receive the talents, locations and equipment you need from one Provider ("project") or whether these can also come from different Providers ("individual bookings").


The Providers can then apply to you for the contract and submit corresponding offers to you.


The contract between you and the Provider (s) is then concluded individually by accepting the offer of the Provider you have chosen. With the acceptance, the contract between you and the corresponding Provider is concluded. Separate storage of the contract text does not occur, but the contract content results in each case individually from the agreement reached.


1.3.2 Contract conclusion Project Management

If you want to book our project management service, the usual procedure is that you choose one of the service packages offered by us.


After clicking on "Book a Consultation", entering your e-mail address and sending it to us after clicking on the "book" button, we will first arrange a meeting with you to determine your desired needs for your project. You will not incur any costs at this stage.


Subsequently, you will receive a binding offer from us, which you can then accept within two weeks. With the acceptance the contract is concluded. A separate storage of the contract text by us does not take place, but the contract content results in each case individually from the agreement made.


1.4 Communication with and via the platform

All communication with and via the platform takes place via the e-mail address you have provided and the platform's messaging system. You must ensure that you can take note of the messages sent to you and must ensure that up-to-date address data is stored in your profile.


1.5 Subsequent amendment of the terms and conditions

We are entitled to make subsequent adjustments and additions to the General Terms and Conditions of Business in relation to existing business relationships, insofar as changes in legislation or case law make this necessary or other circumstances lead to the contractual equivalence relationship being disturbed to a more than insignificant extent. A subsequent amendment of the terms and conditions shall become effective if you do not object within six weeks after notification of the amendment. At the beginning of the period, we will expressly draw your attention to the effect of your silence as acceptance of the contractual amendment and give you the opportunity to make an express declaration during the period. If you object within the time limit, both you and we may terminate the contractual relationship without notice unless we allow the contractual relationship to continue under the old General Terms and Conditions.



2. Performance description


2.1 General


2.1.1 Plattform

We are the operators of the platform Beazy, which allows commercial providers and customers to enter into a relationship for the purpose of concluding a service or rental contract.


You as a customer can publish advertisements regarding the talents, locations or equipment you need free of charge and without obligation, and then promptly receive corresponding offers from companies registered on our website.


In this context, we are exclusively a platform for supporting administrative processes.


Please note that you are not entitled to receive a corresponding offer from a provider.


2.1.2 Project Management

In addition, we offer you the option of full-service production management, in which we take over the planning for your project as well as the selection of the required suppliers and/or talents.


For the scope of services of the available packages as well as their price, please refer to our current price and service list at https://beazy.co/pro.


Please note that in this context, too, the contracts are concluded between you and the providers and we merely provide support in the selection and organization.


We would also like to point out that you cannot assume that we have industry-specific knowledge about your project or company. You should therefore point out to us in advance any points that are relevant to you.  


Depending on the chosen package, we also owe only the services mentioned there.


A specific success (e.g. promotional success) is not owed.


2.3 Service provision

We are entitled to have the contract or parts of the contract fulfilled by third parties.


2.4 Time of performance

Unless expressly agreed otherwise, we provide free services immediately after your successful registration. 


We provide services against payment immediately after the conclusion of the corresponding contract, unless expressly agreed otherwise.



3. Payment


3.1 General

The use of our platform is basically free of charge for you.


3.2 Paid services


3.2.1 Management fee

We only charge a management fee in the amount of 23.00% of the remuneration agreed between you and the Provider if a corresponding contract is concluded.

The management fee is due and payable without deduction upon conclusion of the contract between you and the Provider.


3.2.2 Project Management

The costs for our project management service depend on the service package you choose. An overview of the packages we offer and their prices can be found at https://beazy.co/pro.

The corresponding amount is due and payable without deduction upon conclusion of the contract between you and us.


3.3 Default of payment

You will be in default of payment of the management fee if we do not receive the payment within two weeks after the conclusion of the contract mentioned under 3.2 of these GTC. In the event of default in payment, interest will be charged at a rate of 9 percentage points above the prime rate of the European Central Bank. 


If you are in default with your payments, we reserve the right to charge reminder fees in the amount of 2.50 euros. We reserve the right to claim damages in excess of this amount. You shall have the opportunity to prove that we have incurred no or less damage.


3.4 Right of retention

You shall only be entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.


3.5 Stripe Services Agreement

All payment services on the platform provided by us are provided by our partner payment service provider "Stripe" and are subject to the so-called "Stripe Connected Account Agreement", which includes the Stripe Terms of Service (summarized under the collective term "Stripe Services Agreement" which you can view here: https://stripe.com/de/legal#translation). 


By agreeing to these Terms and Conditions and using our Platform, you accept the terms and conditions of the "Stripe Services Agreement", which may be modified by "Stripe" as necessary. As a condition of using Stripe's payment services, you also agree to provide us with full and complete information about yourself and your business and authorize us to share such information and transaction information related to your use of the payment services offered by Stripe.



4. License agreement photographs and videos


4.1 General

The license agreements that you have made directly with the provider apply. For this purpose, you are welcome to use the contract templates provided by us free of charge.


Unless you have entered into a separate agreement with the provider, the provisions set forth in this section apply to the photos and videos offered by the provider.


4.2 Copyright

The Provider has the copyright or the exclusive right of use to the photographs offered by him. As a licensee, you do not receive an exclusive license; the Provider also retains the full exploitation rights.


4.3 Royalty Free License

By purchasing a Royalty Free License, you receive permission to use the corresponding image and/or video file in the licensed resolution or lower (worldwide, for an indefinite period of time, but not transferable) by paying the one-time license fee.


4.4 License conditions

Any use beyond this, in particular editing, requires the consent of the respective Provider. You are prohibited from sublicensing. The Royalty-Free license is not transferable to third parties. If you want to use the image / video file to use it in/on products for resale in large numbers (more than 1,000 pieces), you must purchase the Royalty-Free license for the largest resolution/image size (regardless of which resolution and image size you actually use). The right to use the image may only be resold or transferred to a single third party on a limited basis, provided that the transfer is made as part of the fulfillment of a customer project, e.g., an advertising agency. Multiple-use in projects of different customers is not permitted. In this case, an additional license must be purchased per customer. This also applies to modified images or copies.


4.5 License fee

Payment of the license fee shall be made prior to the granting of the license and shall be deemed to have been consumed upon provision of the image and/or video file.


4.6 Compensation

The Provider has the right to claim damages for any violation of these contractual license conditions, especially in case of copyright infringement.



5. Collecting societies and artists' social security fund

Unless otherwise agreed between you and the Provider, the following applies:


If applicable, you must obtain the necessary permits yourself in advance or obtain the necessary rights and pay fees (e.g., to GEMA) that relate to your project. 


If you award a contract in the artistic, conceptual or advertising consulting field to a natural person, you must also pay an artists' social security contribution to the artists' social security fund, which is not to be offset against the remuneration agreed between you and the Provider in each case. You are also responsible for complying with the obligation to register and pay the levy. You will be informed by the Provider in advance if one of his services is affected by such additional remuneration. If the Provider has to pay in advance for you, you must reimburse the respective amount upon proof.



6. Rentals


6.1 General

The rental contracts that you have concluded directly with the Provider apply. For this purpose, you are welcome to use the contract templates provided by us free of charge.

Unless you have made a separate agreement with the Provider, the provisions for rentals listed in this section apply.


6.2 General information about renting

 

6.2.1 Deposit

The Provider reserves the right to demand an appropriate deposit for the rental.

 

6.2.2 Rental period

The agreed rental period shall commence upon collection from the Provider or, in the case of dispatch of the rental item at your request, upon handover of the rental item to the designated transport person. The rental period ends with the handover/receipt  of the rental item to the Provider. The return has to take place at the latest by 11:00 a.m. on the agreed return day. The day of return, provided that the return is made by 11:00 a.m., will not be charged for the rental payment. If you do not return the rental object to us until after 11.00 a.m., you will incur additional costs.

 

6.2.3 Your obligations as a tenant

You may not sublet the rental object. You may only use the rental item in combinations approved by the manufacturer.


6.3 Provision and return in case of rental

 

6.3.1 Handover protocol

When the rental object is handed over and taken back, a handover or return protocol must be completed in full and signed, if necessary. These two protocols are integral parts of the rental agreement.

 

6.3.2 Provision of replacement equipment

If the rental object cannot be provided at the time of handover, the Provider reserves the right to provide a comparable rental object insofar as this is reasonable for you.

 

6.3.3 Fault on the part of the lessee

If the rental object is destroyed through your fault or if it is foreseeable that its use will be restricted or rendered impossible by a circumstance for which you are responsible, the Provider may refuse to provide replacement rental objects. In this case, termination by you in accordance with § 543 II No. 1 BGB (German Civil Code) is excluded.

 

6.3.4 Delayed return

The provision of § 545 BGB (German Civil Code)  shall expressly not apply. If you do not return the rental object to the Provider after the expiry of the agreed period of use or do not return it to the Provider at the agreed time, the Provider shall be entitled to demand a usage fee in the amount of the agreed rent for the period of retention exceeding the term of the contract. Any further claims for damages on the Provider’s part shall remain unaffected. An extension of the rental period is only possible with the express consent of the Provider in text form. The right to use the rental object shall only extend to the agreed period of use. Continuation of use after expiry of the rental period shall not in principle lead to an extension of the rental agreement even without express objection by the Provider.

 

6.3.5 Premature return

The return of the rental object before the expiry of the agreed rental period shall not result in a reduction of the agreed rent unless the rental object can be rented to another party or there is a case of extraordinary termination without notice by you for a good cause.

 

6.3.6 Return condition

You undertake to return the rental object to us at the contractually agreed time, cleaned and in a recorded condition (according to the handover protocol). If the rental object is not or insufficiently cleaned on return, the actual cleaning costs incurred will be charged in addition.

 

6.3.7 Non-free return

If the return of the rental property is made by mail, you are obliged to pay the shipping costs incurred.

 

6.4 Responsibility of the renter

 

6.4.1 Proper handling

The rental object is to be handled carefully and properly, operated properly and in accordance with the specifications.

 

6.4.2 Scope of liability during the agreed period of use and after the expiry of the agreed period of use

You shall be liable for such damage that goes beyond normal use or wear and tear, provided that you are responsible for this.

 

6.4.3 Insurance obligation

You are obliged to insure the rental object against loss, theft, damage or accidental destruction.



7. Liability


7.1 Disclaimer

We, as well as our legal representatives and vicarious agents, are only liable for intent. Only if essential contractual obligations (i.e., obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are affected, we shall also be liable for gross or slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract.


7.2 Reservation of liability

The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.



8. Final provisions


8.1 Place of jurisdiction

Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.


8.2 Choice of law

Unless mandatory statutory provisions according to your home country's law conflict with this, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.


8.3 Severability clause

The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.


C. General Terms and Conditions for Providers



1. General

1.1 Scope

These terms and conditions apply in the version valid at the time of the contract for all business relations between us (Beazy UG (haftungsbeschränkt), c/o Factory Works GmbH Rheinsberger Str. 76/77, 10115 Berlin, represented by its managing director: Ms. Julia Besson) and you as a provider. Should you use conflicting general terms and conditions, these are hereby expressly contradicted.


1.2 Contractual Agreement

The contract language is English. 

"Users" are all persons who use the functions of our platform. 

In the sense of these General Terms and Conditions, "Users" are exclusively entrepreneurs in the meaning of § 14 BGB (German Civil Code).

"Customers" in the sense of these General Terms and Conditions are users who book/order paid services/goods from Providers.

"Providers" are Talents and Suppliers who present their company on our website and, if applicable, create an offer in response to a Customer's advertisement.


1.3 Conclusion of Contract between Provider and Customer

The contract is concluded exclusively between you and the Customer. Therefore, we only provide you with our platform for advertising or technical processing of the contract.

The conclusion of the contract between you and the Customer usually takes place individually.

First, you submit a corresponding offer to the Customer with regard to an advertisement published by the Customer.

If the Customer accepts your offer, the contract is concluded.


1.4 Communication with and via the platform

All communication with and via the platform takes place via the e-mail address you have provided and the platform's messaging system. You must ensure that you can take note of the messages sent to you and must ensure that up-to-date address data is stored in your profile.


1.5 Subsequent amendment of the terms and conditions

We are entitled to make subsequent adjustments and additions to the General Terms and Conditions of Business in relation to existing business relationships, insofar as changes in legislation or case law make this necessary or other circumstances lead to the contractual equivalence relationship being disturbed to a more than insignificant extent. A subsequent amendment of the terms and conditions shall become effective if you do not object within six weeks after notification of the amendment. At the beginning of the period, we will expressly draw your attention to the effect of your silence as acceptance of the contractual amendment and give you the opportunity to make an express declaration during the period. If you object within the time limit, both you and we may terminate the contractual relationship without notice unless we allow the contractual relationship to continue under the old General Terms and Conditions.



2. Performance description


2.1 General

We are the operators of the platform Beazy, which allows commercial providers and customers to enter into a relationship for the purpose of concluding a service or rental contract.

As a provider, you can respond to Customers' advertisements and submit appropriate offers to them.

In this context, we are exclusively a platform for supporting administrative processes.

Please note that you have no right to demand that a customer accepts your offer.

2.2 Time of performance

Unless expressly agreed otherwise, we provide free services immediately after your successful registration.


3. Payment


3.1 General

The use of our platform is basically free of charge for you.


3.2 Transaction fee

We only charge a transaction fee in the amount of 23.00% of the remuneration agreed between you and the Customer if a corresponding contract is concluded.

The transaction fee is due and payable without deduction upon conclusion of the contract between you and the Provider.


3.3 Default of payment

You will be in default of payment of the management fee if we do not receive the payment within two weeks after the conclusion of the contract mentioned under 3.2 of these GTC. In the event of default in payment, interest will be charged at a rate of 9 percentage points above the prime rate of the European Central Bank. 


If you are in default with your payments, we reserve the right to charge reminder fees in the amount of 2.50 euros. We reserve the right to claim damages in excess of this amount. You shall have the opportunity to prove that we have incurred no or less damage.


3.4 Right of retention

You shall only be entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.


3.5 Stripe Services Agreement

All payment services on the platform provided by us are provided by our partner payment service provider "Stripe" and are subject to the so-called "Stripe Connected Account Agreement", which includes the Stripe Terms of Service (summarized under the collective term "Stripe Services Agreement" which you can view here: https://stripe.com/de/legal#translation). 


By agreeing to these Terms and Conditions and using our Platform, you accept the terms and conditions of the "Stripe Services Agreement", which may be modified by "Stripe" as necessary. As a condition of using Stripe's payment services, you also agree to provide us with full and complete information about yourself and your business and authorize us to share such information and transaction information related to your use of the payment services offered by Stripe.



4. License agreement photographs


4.1 General

The license agreements that you have made directly with the customer apply. For this purpose, you are welcome to use the contract templates provided by us free of charge.


Unless you have entered into a separate agreement with the provider, the provisions set forth in this section apply to the photos and videos offered by the provider.


4.2 Copyright

You have the copyright or the exclusive right of use to the photographs offered by you. As a licensee, the Customer does not receive an exclusive license; You also retain the full exploitation rights.


4.3 Royalty Free License

By purchasing a Royalty Free License, the customer receives permission to use the corresponding image and/or video file in the licensed resolution or lower (worldwide, for an indefinite period of time, but not transferable) by paying the one-time license fee.


4.4 License conditions

Any use beyond this, in particular editing, requires the consent of the provider. The customer is prohibited from sublicensing. The Royalty-Free license is not transferable to third parties. If the customer wants to use the image / video file to use it in/on products for resale in large numbers (more than 1,000 pieces), he must purchase the Royalty-Free license for the largest resolution/image size (regardless of which resolution and image size you actually use). The right to use the image may only be resold or transferred to a single third party on a limited basis, provided that the transfer is made as part of the fulfilment of a customer project, e.g., an advertising agency. Multiple-use in projects of different customers is not permitted. In this case, an additional license must be purchased per customer. This also applies to modified images or copies.


4.5 License fee

Payment of the license fee shall be made prior to the granting of the license and shall be deemed to have been consumed upon provision of the image file.


4.6 Compensation

You have the right to claim damages for any violation of these contractual license conditions, especially in case of copyright infringement.



5. Collecting societies and artists' social security fund

Unless otherwise agreed between you and the Costumer, the following applies:


If applicable, the Customer must obtain the necessary permits himself in advance or obtain the necessary rights and pay fees (e.g., to GEMA) that relate to his project. 


If the Customer awards a contract in the artistic, conceptual or advertising consulting field to a natural person, he must also pay an artists' social security contribution to the artists' social security fund, which is not to be offset against the remuneration agreed between the Provider and the Customer in each case. The Customer is also responsible for complying with the obligation to register and pay the levy. You have to inform the Customer in advance if one of your services is affected by such additional remuneration. If you have to pay in advance for the Costumer, the Costumer must reimburse the respective amount upon proof.



6. Rentals


6.1 General

The rental contracts that you have concluded directly with the customer apply. For this purpose, you are welcome to use the contract templates provided by us free of charge.


Unless you have made a separate agreement with the customer, the provisions for rentals listed in this section apply.


6.2 Your responsibilities

In particular, you are solely responsible for the following:

- You have all the necessary rights to rent out the items you offer and that the use of these items by the borrower does not violate the rights of other parties.

- You deliver to the borrower all rented items according to the agreement you make with the borrower.

- The rental Items you offer on our Platform must conform to the images or descriptions you post with respect thereto.

- The rental items must be suitable for any purpose for which such items would normally be used or for any purpose notified to you by the borrower.


6.3 General information about renting

 

6.3.1 Deposit

You reserve the right to demand an appropriate deposit for the rental.

 

6.3.2 Rental period

The agreed rental period shall commence upon collection from you or, in the case of dispatch of the rental item at the request of the customer, upon handover of the rental item to the designated transport person. The rental period ends with the handover/receipt of the rental item to you. The return has to take place at the latest by 11:00 a.m. on the agreed return day. The day of return, provided that the return is made by 11:00 a.m., will not be charged for the rental payment. If the customer does not return the rental object to you until after 11.00 a.m., the customer will incur additional costs.

6.4 Provision and return in case of rental

 

6.4.1 Handover protocol

When the rental object is handed over and taken back, a handover or return protocol must be completed in full and signed, if necessary. These two protocols are integral parts of the rental agreement. 


6.4.2 Provision of replacement rental object

If the rental object cannot be provided at the time of handover, you reserve the right to provide a comparable rental object insofar as this is reasonable for the customer. 


6.4.3 Fault on the part of the lessee

If the rental object is destroyed through the fault of the customer or if it is foreseeable that its use will be restricted or rendered impossible by a circumstance for which the customer is responsible, you may refuse to provide replacement rental objects. In this case, termination by the customer in accordance with § 543 II No. 1 BGB (German Civil Code) is excluded.


6.4.4 Delayed return

The provision of § 545 BGB (German Civil Code)  shall expressly not apply. If the customer does not return the rental object to you after the expiry of the agreed period of use or does not return it to you at the agreed time, you shall be entitled to demand a usage fee in the amount of the agreed rent for the period of retention exceeding the term of the contract. Any further claims for damages on your part shall remain unaffected. An extension of the rental period is only possible with the express consent of you in text form. The right to use the rental object shall only extend to the agreed period of use. Continuation of use after expiry of the rental period shall not in principle lead to an extension of the rental agreement even without express objection by you. 


6.4.5 Premature return

The return of the rental object before the expiry of the agreed rental period shall not result in a reduction of the agreed rent unless the rental object can be rented to another party or there is a case of extraordinary termination without notice by the customer for a good cause. 


6.4.6 Return condition

The customer undertakes to return the rental object to you at the contractually agreed time, cleaned and in a recorded condition (according to the handover protocol). If the rental object is not or insufficiently cleaned on return, the actual cleaning costs incurred will be charged in addition by you. 


6.4.7 Non-free return

If the return of the rental property is made by mail, the customer is obliged to pay the shipping costs incurred.


7. Liability


7.1 Disclaimer

We, as well as our legal representatives and vicarious agents, are only liable for intent. Only if essential contractual obligations (i.e., obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are affected, we shall also be liable for gross or slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract.


7.2 Reservation of liability

The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.



8. Final provisions


8.1 Place of jurisdiction

Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.


8.2 Choice of law

Unless mandatory statutory provisions according to your home country's law conflict with this, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.


8.3 Severability clause

The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.