General Terms and Conditions
GTC V01, 1 January 2019 · English translation – the German version is legally binding.
1. General
The following general terms and conditions (GTC) form part of all contracts and orders placed with Sonarsound GmbH. Deviations from these GTC are only valid if confirmed by us in writing. We are entitled to amend or supplement the GTC at any time.
2. Prices
The prices of the respective service or flat-rate agreements as agreed with the client for the respective project apply, in accordance with the requested quote and/or verbal or written order confirmation.
3. Terms of payment & retention of title
All prices charged by Sonarsound GmbH are either exclusive or inclusive of the applicable statutory VAT as stated in the order confirmation.
Unless otherwise agreed, the following terms of payment apply:
- A deposit of 50 % of the agreed fee upon placing the order for orders exceeding CHF 1000.–. Final payment of the balance upon handover/delivery of the end product.
- For new clients, we can only offer services against advance payment.
The deposit is payable by bank transfer to the account of Sonarsound GmbH. The final payment is due upon invoicing and payable by bank transfer to the account of Sonarsound GmbH.
Sonarsound GmbH is not obliged to hand over media or data resulting from the production to the client until the full agreed amount has been paid by the client. Special conditions deviating from this practice are expressly recorded in writing in the order confirmation.
Within the scope of the order, the client is responsible and liable for compliance with all rights – in particular copyright and rights of use in connection with the processing of data and media.
If the client does not pay the fee in full, Sonarsound GmbH is entitled to reclaim data and media handed over to the client. Taking these back due to late payment neither cancels nor invalidates the existing contract; it remains in force.
Sonarsound GmbH is entitled to charge default interest of 5 % on late payments from 30 days after the first reminder.
4. Bookings
Bookings can be postponed by agreement (in writing or by email) up to 2 working weeks before the date. After that, we reserve the right to invoice the booked time in part or in full. The client has no right to a refund for appointments not attended or missed.
5. Liability
Sonarsound GmbH is not liable for costs arising from delays/loss of production due to force majeure (e.g. accident, illness, death, technical defects, power failure, civil unrest).
The client is liable for damage demonstrably caused by them. We accept no liability for the client’s instruments or belongings.
6. Miscellaneous
Sonarsound GmbH rejects in full any claims by the client regarding the success of produced, manufactured or edited audio material. Project files are backed up by Sonarsound GmbH for up to 8 weeks after completion of the project and then deleted unless the client instructs otherwise. With every order, the client accepts the above general terms and conditions. Any deviating agreements must be recorded in writing.
7. Severability clause
If the general terms and conditions have not become part of the contract in whole or in part, or are invalid, the remainder of the contract remains valid.
8. Place of jurisdiction
The place of jurisdiction is Zurich. This contract is governed by Swiss law.
