General Terms and Conditions

General Terms and Conditions [GTC] of Victus Films GmbH

1. Scope of application

These General Terms and Conditions [GTC] apply to all contracts, deliveries and other services between Victus Films GmbH [hereinafter referred to as ‘VF’] and its clients. Any of the client's terms and conditions that differ from these will only become part of the contract if they have been accepted by VF in writing.

2. Services and filming

2.1 A day of shooting comprises 10 hours. Each hour of work beyond this time will be charged at 10% of the total budget of the production.

2.2 Travel time is considered working time. A lunch break of up to one hour is not counted as working time.

2.3 If the production manager or another employee responsible for the production has to interrupt the shooting for important reasons, this instruction must be followed.

2.4 If the client draws up the shooting schedule for a production, it must be approved by a representative of Victus Films. The shooting schedule must be feasible and viable on the basis of these terms and conditions.

3. Consulting and travel

3.1 The initial consultation (duration: 30 minutes) is free of charge.

3.2 Before finalizing the details of a potential collaboration, it is essential that we fully understand your project and ensure that we are a good fit. For this purpose, we offer an initial consultation, which can be booked directly with us. During this approximately 60-minute conversation, we will discuss a variety of topics, including your vision, target audience, functionality, budget, aesthetics, and other relevant aspects. You will receive initial ideas and inspirations during the consultation that you can immediately apply to your project. The fee for this initial consultation is €500 plus VAT and will be fully credited toward the concept you can commission from us after the consultation. To ensure we give your project our full attention and create a solid foundation for the next steps, we recommend booking early. The number of consultation appointments is limited and often fills up quickly. You can book an appointment through our booking system.

3.3 Further consultations will be charged as follows:

3.4 For travel outside the Munich city area, a flat rate of €0.38/km will be charged.

4. Concept creation

4.1 The following token fees apply for the creation of a concept:

4.2 If production goes ahead, the nominal fee will be credited to the total budget so that there is no double billing.

4.3 Further concept stages, such as treatment or script, will be remunerated separately and created after the order has been placed.

5. Invoicing and terms of payment

5.1 Invoice address:

Victus Films GmbH
Bavariafilmplatz 7
GER-82031 Grünwald
E-Mail (for e-bills): accounting@victus-films.com

5.2 Payment terms:

5.3 The payment period is 14 days from the date of invoice. In the event of default in payment, VF reserves the right to charge default interest in accordance with the statutory provisions.

6. Cooperation Duties of the Client

6.1 The client shall provide VF with all the documents, information and any agreed provisions (e.g. software, project pages) necessary for the provision of the service free of charge and free of third-party rights immediately after the start of the contract.

6.2 The client must ensure that the information provided is complete, accurate and up to date. VF must be notified immediately of any incorrect or incomplete information, including all necessary corrective measures.

6.3 The client is responsible for regularly backing up its data, even while VF is carrying out work.

6.4 The client shall appoint a knowledgeable contact person (‘Product Owner’) who is authorised to make decisions and take action.

7. Consequences of insufficient cooperation

7.1 If the client fails to fulfil its obligations to cooperate, VF shall point this out and set a reasonable deadline for rectification.

7.2 If the required cooperation is not provided in a timely or complete manner, any resulting delays, quality losses or additional costs shall be at the expense of the client.

7.3 VF is entitled to terminate the contract after written notification if the client does not fulfil his obligations to cooperate despite the setting of a deadline. In this case, VF can invoice the services provided up to the time of termination or the agreed total remuneration less saved expenses.

8. Responsibility of the client for content

8.1 The client is solely responsible for the legal conformity of the content provided by him, in particular with regard to applicable laws and rights of third parties.

8.2 VF does not assume any obligation to check the provided content or its legal conformity.

9. Liability

9.1 GB's liability is limited to intent and gross negligence. VF is only liable for slight negligence if essential contractual obligations are violated.

9.2 In any case, liability is limited to foreseeable, contract-typical damage.

10. Final provisions

10.1 Amendments or supplements to these terms and conditions must be made in writing.

10.2 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

As of: August 2024