Terms & Conditions
Digital Content Services
1. Scope and Basis of Contract
1.1 These Terms and Conditions apply to all agreements between Vadim Erofeev (Contractor) and his clients (Client) regarding digital services (video editing, content creation, videography, AI-supported media). 1.2 Validity of Offers: Offers are valid for 14 days. After this period, the Contractor reserves the right to reject the order or recalculate prices. 1.3 A contract is formed through written acceptance (email, WhatsApp, messenger, or clicking an acceptance button) and is therefore binding. 1.4 Briefing Changes: If the Client changes the requirements after the contract is concluded, the Contractor is entitled to adjust the fee accordingly.
2. Communication and Availability
2.1 Written Form: Legally binding communication shall take place exclusively in writing via email or messenger (WhatsApp, etc.). Phone calls or voice messages are not legally binding unless confirmed in writing. 2.2 Responsibility: The Client shall appoint a fixed contact person ("Single Point of Contact") who is authorized to make decisions. 2.3 Feedback: Correction requests must be submitted collectively in a structured list. 2.4 Business Hours: The Contractor is only available on business days during standard business hours.
3. Scope of Service: Production & Media Days
3.1 Videography: A standard production day includes one (1) person and standard equipment. 3.2 Cancellation (Videography/Media Days only): If a confirmed production date is rescheduled or canceled by the Client less than 14 days in advance, a flat fee of 20% of the order value shall be due (except for weather-related rescheduling). For other digital services, cancellation is excluded once work has commenced. 3.3 Subcontracting: The Contractor is entitled to use specialized third parties (e.g., freelancers) to fulfill the contract.
4. Post-Production & Revision Rounds
4.1 Scope: The number of included revision rounds depends on the chosen package/offer. 4.2 Deadline: Request for changes must be communicated in writing within 3 business days after delivery; otherwise, the project is deemed accepted. 4.3 Acceptance by Use: The active use or publication of the content constitutes full acceptance. 4.4 Performance Guarantee: The Contractor does not guarantee specific view counts, likes, or conversions, as these depend on platform algorithms.
5. Creative Freedom & AI Protection
5.1 In the absence of exact specifications, the Contractor’s creative discretion shall apply. Changes based purely on subjective "dislike" are subject to additional charges. 5.2 The Contractor uses AI-supported software solutions. The Client accepts the technological limitations. The obligation to label content on platforms remains the responsibility of the Client. 5.3 AI Training Ban: The Client is prohibited from feeding the Contractor's works into AI models to imitate or reproduce the Contractor’s style.
6. Remuneration and Payment Terms
6.1 Payment Deadline: Invoices are payable within 7 days of the invoice date, unless otherwise agreed in the offer. 6.2 Payment Plan (Upfront Payment): Unless expressly agreed otherwise, services shall be rendered against upfront payment. The full amount must be settled before work begins. 6.3 Set-off Restriction: The Client may only set off claims that are undisputed or legally established. 6.4 Small Business Status: In accordance with § 19 UStG (German VAT Act), no VAT is charged or displayed. 6.5 Price Adjustment: For long-term agreements (retainers), a price adjustment is possible after 6 months.
7. Copyright, Music & References
7.1 The Client receives simple usage rights to the final work upon full payment. Editing by third parties is prohibited. 7.2 Music: Special licenses (e.g., TV commercials) will be charged separately. Copyright-free music can be used upon request. 7.3 Raw Material: There is no entitlement to the delivery of raw data, project files, or unused footage. 7.4 Reference Use: The Contractor may use content for self-promotion (website, social media, ads) and name the Client as a reference, unless explicitly objected to in writing.
8. Liability and Review
8.1 Rights Clearance: The Client guarantees that all provided materials (logos, music) and persons have been legally cleared and indemnifies the Contractor against third-party claims. 8.2 Legal Review: The Contractor does not provide legal advice. The review of the legal admissibility of the content is the sole responsibility of the Client. 8.3 Duty to Inspect: The Client must inspect content before publication. The Contractor accepts no liability for errors discovered after approval (e.g., typos). 8.4 Data: No liability is accepted for data loss or archiving beyond 3 months.
9. Confidentiality (NDA)
9.1 Both parties agree to treat internal business secrets and information received during the project as confidential and not to disclose them to third parties.
10. Final Provisions
10.1 The law of the Federal Republic of Germany shall apply. The place of jurisdiction is the registered seat of the Contractor. 10.2 Severability Clause: Should parts of these T&Cs be invalid, the remainder of the contract remains unaffected.
