Terms and Conditions
§ 1 Scope of application
Offers and services provided by sequencefive shall be subject to the terms and conditions set forth below. By placing the order the customer agrees to said terms and conditions. Individual contractual agreements shall take precedence over the General Terms and Conditions. However, oral agreements shall be confirmed in writing, which applies in particular to deviating delivery periods and dates.
§ 2 Limitations of liability
Our films are burnt to standard commercially available DVDs and/or blu-ray discs. Nevertheless, incompatibilities with certain types of playback devices may occur. sequencefive assumes no liability that the media used can be played faultlessly on all types of playback devices. No liability is assumed for damage sustained by playback devices due to the use of media of sequencefive. Sequencefive shall not be liable in the event of dissatisfaction, unless the customer has clearly defined his expectations or requests at the time of placing the order at the latest.
We assume liability for analogue and digital images as well as video materials and storage media which the customer has made available to sequencefive only in case of intent and gross negligence. Furthermore, sequencefive assumes no liability for technical malfunctions of the camera equipment including storage media. Sequencefive shall pay damages due to technical problems (for instance during shootings) only in case of intent and gross negligence. Sequencefive’s liability shall, in any case, be limited to the agreed remuneration for the specific order.
§ 3 Order confirmation
Our offers shall be non-binding. The contract shall take effect after we have confirmed your order.
§ 4 Replacement
In emergencies, sequencefive reserves the right to engage third parties for executing an order that has been placed. This shall apply particularly to failures for which we are at no fault, such as illness.
§ 5 Payment
The customer undertakes to make an advance payment of 20% when placing the order – the date shall be reserved only after such payment has been effected.
The customer undertakes to pay the remaining 80% one week before the shooting starts at the latest. If payment is delayed, sequencefive is entitled to charge interest on arrears of 6% per annum and for each dunning letter (by e-mail, telefax or post) or a dunning fee of EUR 30.
§ 6 Retention of title
Delivered goods including all rights in them shall remain the property of sequencefive until full payment has been made.
§ 7 Copyright
The customer shall be liable to ensure that he holds any and all authorisations for the orders the customer places regarding production, editing and reproduction and presentation of shoots (images and sound), for any purpose whatsoever, in particular such authorisations required under trade law and copyright law. Furthermore, the customer affirms to be authorised to use, and/or to be a licensee for, the copyrights, rights of use and reproduction rights made available (or whose use he has mandated) and/or to have adequate authorisations of the copyright owner and/or licence holder. The customer shall be liable for any and all claims which third parties may assert from the execution of the order and undertakes to indemnify and keep sequencefive harmless in this respect.
§ 8 Price and delivery
Standard delivery times shall be approx. 6 weeks, but four months at most. In the event delivery is delayed, the customer is entitled to take legally permitted steps only after having granted an adequate respite.
§ 9 Cancellation
In case the order is cancelled by the customer, the following proportions of the total order value shall be charged:
- Order placed up to four weeks before the shooting starts: 20%
- Four weeks to two weeks before the shooting starts: 50%
- Two weeks up to 24 hours before the shooting starts: 80%
- 24 hours before the shooting starts: 100%
§ 10 Right of use
Sequencefive is entitle to show its company name and company logo as copyright notice. Unless agreed otherwise with the customer, he also has the right to use the material for self-promotion and contests.
§ 11 Copyright, rights of third parties
Sequencefive shall not be liable to ensure that the recordings produced are free from rights of third parties. The customer undertakes to inform all relevant persons about the shooting and to obtain all shooting permits and rights of use. This shall apply both to places, persons and works of art which should be filmed on the shooting day or could be filmed realistically.
§ 12 Reservation of withdrawal
If the customer modifies his expectations or requests to a considerable extent after the order has been placed, sequencefive reserves the right to withdraw from the order. In such event the customer shall have no claim for compensation whatsoever.
§ 13 Applicable law, venue
Austrian law shall apply exclusively with the exception of reference provisions and the UN Sales Convention. The venue shall be the court competent for the subject matter for sequencefive in Vienna.
As of: 4 February 2013