Terms & Conditions

Please note: This is a convenience translation of our German Terms and Conditions ('Allgemeine Geschäftsbedingungen'). In case of any discrepancy or dispute, the original German version shall prevail and be legally binding.

I. Scope of Application and Changes

a) These General Terms and Conditions govern the service relationship between the customer and Munir Werner, c/o VISIONARY Berlin GmbH, Reinhardtstr. 12, 10117 Berlin (hereinafter referred to as Munir Werner). If individual contractual agreements differing from these GTC have been made, these shall take precedence over the provisions of the GTC.

b) The General Terms and Conditions as well as the service description and prices may be changed by Munir Werner. Munir Werner will notify the customer of any changes. In the event of changes to his disadvantage, the customer may terminate the existing contractual relationship without notice up to four weeks after receipt of the notification of change. Munir Werner will point out the right of termination in the notification of change.

c) Our services and deliveries are made exclusively on the basis of the following terms and conditions. These also apply to all future transactions, insofar as they are of the same type.

d) Conflicting conditions or conditions of the customer deviating from our terms and conditions are not recognized unless we expressly agree to their validity.

II. General Provisions

a) All offers on www.munirwerner.de and our appearances in social media are non-binding and are not directed at consumers. No explanation or presentation on our website is a binding offer directed at the conclusion of a contract.

b) A contractual relationship is established by the customer's acceptance of a binding offer. The contract term, scope of services, and time of performance are determined by the offer, unless the provisions result from these General Terms and Conditions. Unless a success is expressly guaranteed in the offer, the responsibility for a possible impossibility of the service lies with the customer.

c) Munir Werner is entitled to terminate the contract without notice for good cause at any time. A good cause exists, among other things, if the customer's ability or willingness to pay is in question. Before or after termination for good cause due to impending insolvency, the customer has the possibility to prevent the effectiveness of the termination with a down payment in the amount of the full offer price. A claim to the granting of services that go beyond the services agreed in the offer does not exist at any time.

d) Our offers are not fixed-price agreements; the costs actually incurred, in particular when estimating the required working days or working hours, may vary, and additional or reduced expenditure will be passed on to the customer at the conditions specified in the offer.

e) Daily rates correspond to ten hours, unless otherwise regulated in these GTC or in the contract. For each additional hour, the corresponding rate is due pro rata. After the twelfth hour, a long-term surcharge of 25% per hour also applies. Unless otherwise agreed, the hourly rate of €80.00 plus VAT applies.

f) Services not listed in the offer cannot be expected by the customer. If an offer is created, the service description listed therein is conclusive.

g) Munir Werner reserves the right to enter into cooperation with partners to fulfill the order and to have the project carried out in whole or in part by commissioned third parties.

h) If the order cannot be executed due to legal restrictions on public life, e.g., on the basis of the Federal Infection Protection Act (Bundesinfektionsschutzgesetz), the further obligation to perform by Munir Werner ceases to apply. Services already rendered will be invoiced as described in the offer; it is irrelevant whether the customer should have accepted a partial service or whether the partial service would be worthless to him alone. In addition to the remuneration for services already rendered, the customer bears expenses that can no longer be avoided, provided that these cannot be used elsewhere. Beyond that, the customer is released from his obligation to perform in return.

III. Video Production

(1) Service Description

a) Depending on the agreement, the services include the conception and planning as well as the setup and execution (production) of videos (hereinafter "Video Production").

b) The scope of services results from the services and hardware listed in the offer. Additional services can be agreed upon at any time and are to be remunerated by the customer accordingly. A claim to an extension of the scope of services after acceptance of the offer by the customer does not exist at any time.

(2) Basis of Offer

a) If the situation on site does not correspond to the requirements of the offer, the further success of the service lies within the sole responsibility of the customer. The services are to be remunerated according to the offer after invoicing even if they could not be provided. Costs not incurred and expenses saved may not be invoiced. If further costs arise due to conditions on site not corresponding to the requirements, these are to be borne exclusively by the customer.

b) The customer provides Munir Werner with all information and raw materials necessary for implementation in good time. Munir Werner is not liable for delays or additional work attributable to raw material delivered too late and/or incorrectly and/or not according to the agreed standard or arising due to incorrect or late transmitted information.

(3) Calculation Basis

a) The services of Munir Werner are due according to the prices listed in the offer after completion and invoicing, unless otherwise agreed in the contract.

b) Daily flat rates correspond to ten hours. For each additional hour, the corresponding rate is due pro rata. After the twelfth hour, a long-term surcharge of 25% per hour also applies.

c) If daily flat rates are only calculated by half, they correspond to four hours. If four hours are exceeded, the full daily rate is calculated and subsequently the regulation from the previous paragraph applies.

d) Unless otherwise agreed, expenses and travel costs for vicarious agents will be billed separately. Reimbursement for expenses is based on the standard meal allowances determined annually by the Federal Ministry of Finance. Travel times are calculated at 50% of the respective hourly or daily rates.

e) If the place of performance is not Berlin, we charge 0.54 Euro per kilometer plus statutory VAT or actually incurred train or flight costs.

f) Unscheduled costs incurred during the processing of the order and not caused by the service provider (phone calls, trips, etc.) will be additionally charged by the service provider after project completion at the usual daily rate plus statutory VAT.

g) If hardware is rented from third parties for the order, Munir Werner calculates the necessary total rental period. This also includes the days needed for hardware tests or transport.

h) The prices do not include statutory value-added tax. All prices are subject to statutory value-added tax.

i) If the customer wishes to withdraw from the contract after accepting a binding offer, this is possible:

up to 28 days before the first production day free of charge

up to 14 days before the first production day against payment of 25% of the net offer sum

up to 7 days before the first production day against payment of 45% of the net offer sum

up to 5 days before the first production day against payment of 65% of the net offer sum

up to 48 hours before the first production day against payment of 75% of the net offer sum. Costs already incurred or no longer avoidable must be reimbursed additionally.

(4) Liability Agreement

a) The customer must independently ensure that no rights of third parties are violated during transmission and that applicable law is complied with. The customer indemnifies Munir Werner from all claims of third parties arising from the transmission and assumes all costs incurred by Munir Werner in this context (e.g., legal fees).

IV. Exclusion of Liability, Set-off and Assignment of Rights

a) We are liable for damages incurred only insofar as these are based on a breach of a material contractual obligation or on intentional or grossly negligent conduct by us, our legal representatives, or vicarious agents. A material contractual obligation is given in the case of obligations whose fulfillment makes the proper execution of the contract possible in the first place or on whose compliance the customer relied and was entitled to rely. Liability is limited to the value of the service (e.g., monthly price or expected invoice amount). Any further liability for damages is excluded. Liability for culpable injury to life, body, or health according to statutory provisions remains unaffected. This also applies to mandatory liability under the Product Liability Act.

b) The customer can only set off against our claims with undisputed, recognized by us, and legally established claims or with claims that are in a reciprocal relationship to our claim. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

V. Final Provisions

a) All contracts and these terms and conditions as well as the entire legal relationship between the customer and us are subject to the law of the Federal Republic of Germany, excluding all references to other legal systems and international treaties. The application of the UN Sales Convention is excluded.

b) For all disputes arising from this contractual relationship, Berlin is the place of jurisdiction. Munir Werner is further entitled to sue at the customer's registered office.

c) Should any provision be ineffective or unenforceable, the effective and enforceable regulation shall take its place, the effects of which come closest to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the contract proves to be incomplete.