Terms of service

Florian Wagner | MESH IMAGES BERLIN - As of November 1, 2020

I. General

  1. The following terms and conditions apply to all orders placed with MESH IMAGES BERLIN (hereinafter “MIB”). They are deemed to have been agreed if they are not contradicted immediately.
  2. "Photographs" in the sense of these terms and conditions are all products manufactured by MIB, regardless of the technical form or medium in which they were created or are available. (Digital still images, digital 360 ° still images, 360 ° scans, 3D models, 3D animations, 3D game files, still videos, electronic still images in digitized form, videos, timelapse photo series, negatives, slide positives, paper images, etc.) .

II. Copyright

  1. MIB is entitled to the copyright to the photos in accordance with the copyright law.
  2. The photographs produced by MIB are generally only intended for the customer's own use.
  3. If MIB transfers rights of use to its works, only the simple right of use is transferred in each case, unless otherwise expressly agreed. A transfer of usage rights requires a separate agreement. Regardless of the scope of the rights of use granted in individual cases, MIB remains entitled to use the images in the context of its own advertising.
  4. The rights of use are only transferred to MIB after the agreed fee has been paid in full.
  5. The customer of a picture i.S. from § 60 UrhG has no right to reproduce and distribute the photo if the corresponding rights of use have not been transferred. § 60 UrhG is expressly excluded.
  6. Unless otherwise agreed, MIB can request to be named as the author of the photo when using the photos. A violation of the right to be named entitles MIB to compensation.
  7. The RAW files, the digital photos and the collected digital measurement data remain with MIB. These data will only be released to the client if a separate agreement has been made.
  8. The digitization, storage and reproduction of the photos from MIB on data carriers of all kinds requires the prior written consent of MIB.
  9. The transfer of usage rights does not include the right to save and reproduce if this right has not been expressly transferred.

III. Remuneration, retention of title

  1. For the production of the photographs, a fee is calculated as an hourly rate, daily rate, individual price or an agreed flat rate plus statutory value added tax; Additional costs (travel costs, model fees, expenses, props, laboratory and material costs, studio rent, etc.) are to be borne by the client. For end consumers, MIB shows the final prices including VAT.
  2. Fees are due 50 percent when the order is placed and 50 percent upon delivery.
  3. Invoices due must be paid within 14 calendar days without any deductions. The client is in default if he does not pay due invoices no later than 30 (in words: thirty) days after receipt of an invoice or an equivalent request for payment. MIB reserves the right to bring about the default by issuing a reminder after the due date at an earlier point in time.
  4. The delivered photos remain the property of MIB until the purchase price has been paid in full.
  5. If the client has not given MIB any express instructions with regard to the design of the photographs, complaints regarding the image interpretation and the artistic-technical design are excluded. If the client wishes changes during or after the recording production, he has to bear the additional costs. MIB retains the right to remuneration for work that has already started.
  6. At the end of a calendar year after delivery of the photos (via a web link to the cloud), MIB is entitled to charge annual hosting fees.

IV. liability

  1. For the breach of obligations that are not directly related to essential contractual obligations, MIB is only liable for itself and its vicarious agents in the event of willful intent and gross negligence. He is also liable for damage resulting from injury to life, limb or health as well as from the breach of essential contractual obligations that he or his vicarious agents have caused through culpable breaches of duty. Unless otherwise agreed, MIB is only liable for damage to recording objects, templates, films, displays, layouts, negatives or data in the event of willful intent and gross negligence.

  2. MIB stores the data carefully. He is entitled, but not obliged, to destroy the data he has stored after three years since the end of the order. Before the destruction, he notifies the client and offers him the data for transfer. The client bears the costs of the transfer.

  3. MIB is only liable for the durability of the photographs (data) within the framework of the guarantee of the manufacturer or the provider of online data storage (cloud solution).

 V. Secondary obligations

  1. The client assures that he has the right of reproduction and distribution for all templates handed over to MIB and, in the case of portraits of persons, the consent of the persons depicted for publication, reproduction and distribution. Third party claims for compensation based on the breach of this obligation are borne by the client.
  2. The client undertakes to make the objects available in good time. If possible, the client will make the subjects available to the photographer exclusively for the period of the exposure. Furthermore, the client will ensure that the recording objects are available in the condition required for recording (cleanliness, staging) in order to ensure a delay-free process.
  3. In the case of studio recordings, the client undertakes to make the recording objects available in good time and to pick them up again immediately after the recording. If, upon request, the client does not pick up the objects to be taken within two working days at the latest, MIB is entitled to charge storage costs or, if its studio space is blocked, to outsource the objects at the client's expense. Transport and storage costs are borne by the client.

VI. Failure to perform, cancellation fee

  1. If the time allotted for the execution of the order is significantly exceeded for reasons for which MIB is not responsible, MIB's fee increases accordingly, provided that a flat rate was agreed. If a time fee has been agreed, MIB will also receive the agreed hourly or daily rate for the waiting time, unless the client can prove that MIB has not suffered any damage. In the event of intent or negligence on the part of the client, MIB can also assert claims for damages.
  2. Delivery dates for photographs are only binding if they have been expressly confirmed by MIB. MIB is only liable for exceeding the deadline in the case of intent and gross negligence.

VII. Data protection

Personal data of the client required for business transactions can be saved. MIB undertakes to treat all information that it has become aware of as part of the order confidentially.

VIII. Image processing

  1. The processing of photos by MIB and their duplication and distribution, analog or digital, requires the prior consent of MIB. If a new work is created through photo composing, assembly or other electronic manipulation, this must be marked with [M]. The authors of the works used and the author of the new work are co-authors within the meaning of Section 8 of the Copyright Act.
  2. The client is obliged to save and copy photos from MIB digital in such a way that the name of MIB is electronically linked to the image data.
  3. The client is obliged to make this electronic link in such a way that it is retained with every type of data transmission, with every display on screens, with all types of projections, in particular with every public display, and that MIB as the author of the images can be clearly and uniquely identified .
  4. The client assures that he is entitled to commission MIB with the electronic processing of third-party photographs if he issues such an order. He releases MIB from all claims by third parties based on the violation of this obligation.

IX. Use and dissemination

  1. The dissemination of photos of MIB on the Internet and in intranets, in online databases, in electronic archives that are not only intended for internal use by the client, on floppy disks, CD-ROM or similar data carriers is only permitted on the basis of a special agreement between MIB and permitted to the client.
  2. The transfer of digitized photographs on the internet and intranets and on data carriers and devices that are suitable for public reproduction on screens or for the production of soft and hard copies requires the prior written consent of MIB.
  3. The duplication and distribution of edits that MIB has produced electronically require the prior written consent of MIB.
  4. MIB is not obliged to hand over data carriers, files and data to the client unless this has been expressly agreed in writing.
  5. If the client wishes MIB to provide him with data carriers, files and data, this must be agreed and paid for separately.
  6. If MIB has made data carriers, files and data available to the client, these may only be changed with MIB's prior consent.
  7. The risk and costs of transporting data carriers, files and data online and offline lie with the client; MIB can determine the method of transmission.

X. Use of Third Party Services

  1. The use of third party services is based on their terms and conditions.
  2. The services of the technological partner Matterport Inc. are used to create and host virtual tours with the Matterport recording system. The terms and conditions of Matterport Inc. can be viewed via the following link: https://matterport.com/legal/terms-of-service/whose provisions in their currently valid version must be observed and complied with when using the virtual tour.
  3. The client indemnifies MIB internally from all claims due to a breach of the terms of use of third-party services, including the costs of the necessary legal prosecution, caused by him.

XI. Place of fulfillment

The place of performance for all obligations arising from the contractual relationship is Berlin.