GTC

LANIZMEDIA terms and conditions – on this page you will find the General Terms and Conditions of LANIZMEDIA GmbH, film and video production in Munich. If you have any questions, please use our contact page.

Please note: This English version is a convenience translation provided for information only. Only the German version of the General Terms and Conditions (Allgemeine Geschäftsbedingungen) is legally binding. In the event of any discrepancy or dispute, the German version shall prevail.

§1 Scope with regard to entrepreneurs and definitions

1.1 The following General Terms and Conditions apply to all contracts between LANIZMEDIA GmbH (see 2.2 for details, hereinafter referred to as “LANIZMEDIA”) and an entrepreneur, in the version valid at the time of the order. This also applies to future contracts without the need for any further express reference.

1.2 “Entrepreneur” (hereinafter referred to as “Customer”) within the meaning of these terms and conditions is to be understood within the meaning of Section 14 of the German Civil Code (BGB).

1.3 Deviating terms and conditions shall not apply, even if LANIZMEDIA does not expressly object to their validity in an individual case. If LANIZMEDIA refers to documents that themselves contain or refer to terms and conditions, this likewise does not constitute consent to their validity. Deviating terms and conditions shall only apply if LANIZMEDIA agrees to their validity in writing by e-mail or post.

§2 Conclusion of a contract

2.1 The following provisions on the conclusion of contracts apply to the booking or commissioning of one or more productions by e-mail, post or telephone.

2.2 Where a contract is concluded, it is concluded with

LANIZMEDIA GmbH, Ottobrunner Str. 28, 82008 Unterhaching, Germany, HRB 258688, Munich Local Court (Amtsgericht München), Register Court (“LANIZMEDIA”).

2.3 The presentation of film offers and packages on our platform does not constitute a legally binding contractual offer on our part, but merely a non-binding invitation to the Customer to send an enquiry regarding a planned project.

The Customer’s enquiry regarding a planned project likewise does not constitute an offer to conclude a purchase contract.

A contract with LANIZMEDIA is only concluded when LANIZMEDIA sends the contract documents (offer) and the Customer confirms them by telephone, e-mail, post or within the LANIZMEDIA offer tool. Unless otherwise stated in the offer, LANIZMEDIA is bound by the offer for 30 days.

2.4 In addition to these terms and conditions, the following documents form part of the contract between LANIZMEDIA and the Customer:

• the offer,
• the schedule, which is drawn up following the kick-off meeting and provided to the Customer by e-mail.

§3 Prices, payment, due date

3.1 All prices stated are net prices without exception and are always subject to the statutory VAT, even if this should exceptionally not be stated separately. No other additional costs are incurred unless they are shown separately (such as travel costs).

3.2 At the time the order is placed, the Customer undertakes to make a down payment of at least 50% of the agreed price. Any deviations must be agreed in writing by e-mail or post.

Production begins with the project kick-off, i.e. the briefing of LANIZMEDIA by the Customer (“kick-off”). In the kick-off, the binding time frame of the project is set together with the Customer and subsequently provided to the Customer as a schedule. The schedule is deemed mutually accepted and acknowledged unless an objection is communicated by post or e-mail within 5 days.

Upon delivery of the final file (with LANIZMEDIA watermark), the final invoice is issued for 50% of the order value or for the outstanding balance. The final files without watermark are handed over upon receipt of payment of the final invoice or after submission of proof of payment for the corresponding transaction.

3.3 Two months after the project kick-off, LANIZMEDIA is entitled to issue the final invoice regardless of the status of the project at that time. The continuation of the project remains unaffected by this.

3.4 Speed project: In deviation from 3.2, the final invoice is issued 14 days before the final deadline. The final film is only handed over to the Customer upon receipt of payment.

3.5 Project cancellation: If the Customer decides not to start or continue the project after it has been officially commissioned, the following rules apply:

The Customer shall compensate LANIZMEDIA for the entire damage resulting from the premature termination. Notwithstanding this, the following rules apply:

• Contract concluded, project scheduled: the Customer owes LANIZMEDIA 20% of the agreed order value.
• Kick-off has taken place: the Customer owes LANIZMEDIA 50% of the agreed order value.
• Concept idea or first script has been delivered: the Customer owes LANIZMEDIA 80% of the agreed order value.
• Film concept has been approved: the Customer owes LANIZMEDIA 100% of the agreed order value.

The corresponding final invoice is issued immediately after the project is cancelled, with a payment term of 14 days.

The Customer is not obliged to pay if the cancellation is based on reasons for which LANIZMEDIA alone is responsible.

3.6 If outstanding invoices are not paid on time, the resulting costs of legal enforcement, such as collection fees or legal advice costs, shall be borne by the Customer.

§4 Obligations

4.1 LANIZMEDIA undertakes to provide the contractually agreed services and, in addition, to comply with the schedule, as long as the Customer also complies with it and fulfils its obligations to cooperate (see in particular the obligations listed in 4.2) completely and as specified. LANIZMEDIA also undertakes to grant the rights of use specified in the contract.

4.2 The Customer’s obligations include in particular timely cooperation in the production process, which includes, for example, providing information at the request of LANIZMEDIA, giving consolidated and timely feedback, always also by e-mail, and making decisions on time.

In the kick-off, the Customer must also name a contact person who is responsible for the joint project and authorised to make decisions. This person must be authorised and able to approve the interim results and the finished film on time. In the event of absence, a suitable substitute must be named who is able to review and approve the content.

The Customer is responsible for the content of the productions and must ensure that the production and its result do not infringe the rights of third parties or statutory provisions on account of the statements it requests or the materials it provides.

4.3 The Customer must approve the final result and the interim results agreed in the schedule by e-mail. Approval or complaints must be made by the Customer within 3 working days of the result being sent by e-mail, unless different arrangements have been agreed with LANIZMEDIA by e-mail or post. If the Customer does not respond in time, silence shall be deemed acceptance.

§5 Breach of the obligation to cooperate

If the Customer breaches its obligations to cooperate, this has the following consequences:

5.1 If this jeopardises work on other projects, LANIZMEDIA is entitled to cancel the schedule agreed with the Customer by unilateral declaration by e-mail, post or telephone. The Customer and LANIZMEDIA will then agree on a new schedule. When setting it, LANIZMEDIA treats the Customer’s project like a new order, which is continued when the corresponding capacities become available. This may cause delays in individual cases. Any surcharges paid, e.g. for a deadline guarantee or speed production, will not be refunded in this case.

5.2 If the breach of the obligation to cooperate gives rise to costs, for example licence costs or additional work on the part of LANIZMEDIA, these shall be borne by the Customer.

5.3 If LANIZMEDIA has been waiting for the Customer’s consolidated feedback for 2 weeks or longer, LANIZMEDIA is entitled to issue the final invoice (see 3.2).

5.4 If the project is continued at a later date, the effort required for the continuation may be recalculated. Surcharges compared to the previously accepted offer are possible.

§6 Start of production / start of work

After receipt of the down payment specified in 3.2 (or the total amount, if applicable), the project is integrated into the regular project workflow. Production starts with the joint kick-off, see 3.2.

§7 Good Mood Guarantee

For pure “animation projects”, LANIZMEDIA offers its customers the Good Mood Guarantee (“GMG”): within each production phase, an unlimited number of revision rounds are possible at no extra cost. The next phase begins once the Customer has approved the respective interim result.

7.1 If the Customer requests changes to interim results that have already been approved (changes across phases), the additional costs of these change requests will be invoiced separately.

7.2 If more than 6 months have passed since the kick-off and the project has not yet been completed, the GMG no longer applies. From that point on, each phase includes one revision round (LANIZMEDIA presents the result of the phase to the Customer, who can give consolidated feedback; the version revised accordingly constitutes the approved interim result of the respective phase). Any work beyond this is invoiced at the hourly rate for additional tasks stated in the offer.

7.3 For LANIZMEDIA Discovery, the following applies: if more than 3 months have passed since the kick-off and the project has not yet been completed, the GMG no longer applies. Any work beyond this is invoiced at the hourly rate for additional tasks stated in the offer.

7.4 The GMG may be excluded from the outset in the offer and replaced by other arrangements.

7.5 The GMG does not apply to live-action productions. Here, LANIZMEDIA offers its services in person-days and person-hours. Once the quota offered has been used up, any further work is invoiced at the hourly rate stated in the offer for the respective work.

§8 Retention of title

LANIZMEDIA retains ownership of the film material and all other materials connected with the order until the purchase price has been paid in full.

§9 Contract language

9.1 The contract language is German.

9.2 This rule may be deviated from in individual cases.

§10 Rights of use and transfer of use

10.1 When placing an order or booking, the Customer accepts the following rights of use: unless expressly agreed otherwise and confirmed in writing (post, e-mail or fax) by LANIZMEDIA, the Customer is granted rights of use for the film produced for it that are unlimited in terms of territory and time, with the exception of TV, radio and cinema broadcasting. Claims of collecting societies such as GEMA, GVL, VG Wort etc. remain unaffected and are beyond our control. The Customer remains responsible for acquiring the corresponding licences.

10.2 If the Customer wishes to broadcast on TV, radio or in cinemas, separate approval is required, which may be subject to a surcharge.

10.3 The expression “for completely free use” used on LANIZMEDIA.com refers to the use of the video for the Customer’s own purposes. If the Customer and the user are not identical, LANIZMEDIA must be informed in writing of the identity of the third party. If the Customer wishes to sell the videos to third parties, separate approval is required, which may be subject to a surcharge.

10.4 Furthermore, by placing an order the Customer only acquires the rights of use to the final film file itself. If the Customer wishes to use elements of the film beyond the film itself (e.g. individual graphics/illustrations, audio or voice-over tracks, etc.), additional rights of use must be obtained, for example by booking the “image package”, purchasing the “open files” or similar.

10.5 The Customer grants LANIZMEDIA all necessary rights to the materials provided by the Customer in the course of the preparation of the offer and the subsequent production, for production and archiving purposes.

§11 Data storage

LANIZMEDIA stores customer projects and all preliminary stages (concepts, illustrations, etc.) for 6 months. LANIZMEDIA reserves the right to delete project data after this period. Storage beyond this period may be subject to a surcharge.

§12 Use as a reference

12.1 Furthermore, the Customer permits LANIZMEDIA to cite the film produced as a reference, without limitation in terms of time and territory, wherever LANIZMEDIA wishes to present itself.

12.2 Likewise, the Customer permits LANIZMEDIA to cite the Customer’s logo as a reference, without limitation in terms of time and territory, wherever LANIZMEDIA wishes to present itself.

12.3 If the Customer does not wish the film produced or its logo to be used without limitation in terms of time and territory, an express written notice from the Customer is required.

§13 Indemnification

13.1 With its order confirmation, the Customer warrants that all content contained in its website and in the documents provided to LANIZMEDIA is free of third-party rights and does not contain any infringements of rights.

13.2 The Customer indemnifies LANIZMEDIA against all claims by third parties arising from any infringement of their rights. In this respect, the Customer also bears the costs of any necessary legal defence of LANIZMEDIA, including all court and legal fees. This does not apply if and to the extent that the Customer is not responsible for the infringement.

§14 Right of withdrawal

LANIZMEDIA reserves the right, even after the conclusion of the contract, to refuse the production of videos for reasons that make the performance of the contract unreasonable for the company. This is the case in particular if the production of the videos would violate copyright, competition, press, criminal or other legal provisions.

§15 Liability

15.1 LANIZMEDIA is not liable for the produced videos/films failing to achieve certain results (e.g. a possible increase in sales).

15.2 The company is only liable for damages, on whatever legal grounds, in the event of intent, gross negligence and the absence of a warranted characteristic.

15.3 This also applies to vicarious agents and legal representatives of LANIZMEDIA.

15.4 In all other cases, the company is only liable if essential contractual obligations (cardinal obligations) have been breached.

Essential contractual obligations are obligations which the contract imposes on LANIZMEDIA according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place, and on the observance of which the Customer may regularly rely.

Compensation for damages is therefore limited to the typically foreseeable damage. There is no compensation for atypical or unforeseeable damage.

§16 Confidentiality

If LANIZMEDIA and/or the Customer obtain knowledge of internal matters of the other party that are not yet public or known, they agree to keep these confidential.

§17 Applicable law

The legal relationship between the Customer and LANIZMEDIA, and the question of whether a contract has been validly concluded and of its pre-contractual and post-contractual effects, shall be governed exclusively by German law.

§18 Place of performance and place of jurisdiction

18.1 The place of performance is Munich (Amtsgericht München).

18.2 If the client is a merchant, the German court with local and subject-matter jurisdiction for the registered office of LANIZMEDIA is agreed as the place of jurisdiction for all disputes arising directly or indirectly between LANIZMEDIA and the client. However, LANIZMEDIA is also entitled to bring an action before another court with jurisdiction for the Customer.

§19 Severability clause

Should individual provisions of this contract be or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the rest of the contract. The invalid or unenforceable provision shall be replaced by the valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.

Version of the terms and conditions: May 2024 (convenience translation; the German version is legally binding).

Please note: the LANIZMEDIA terms and conditions apply to all services of LANIZMEDIA GmbH. Therefore, please read this information carefully.