contare.media

TERMS &

CONDITIONS

§ 1 General Provisions

The following General Terms and Conditions (hereinafter referred to as the “GTC”) apply to all offers, orders, deliveries, and services provided by contare.media / Gabriel Pielke (hereinafter referred to as “contare.media”).
The GTC are deemed agreed upon and legally effective upon the customer’s acceptance of the delivery or service provided by contare.media, as well as upon written or verbal order confirmation.
If the customer wishes to object to the GTC, this must be declared in writing within three business days of receiving the offer, but no later than three business days before the start of services. Any deviating terms and conditions of the customer shall not be valid unless contare.media acknowledges them in writing.
These Terms and Conditions apply within the framework of an ongoing business relationship, even without express inclusion, to all future offers, orders, deliveries, and services provided by contare.media.

§ 2 Placing of Orders

contare.media accepts orders for the conception, production, post-production, and design of film, video, photo, image, and audio material, as well as complete audiovisual productions with editorial content; for film and photo production; for the conception and production of two- and three-dimensional visual representations; and for the conception and implementation of media communication on social networks.
For each order placed, contare.media will prepare a written quotation based on the content requested by the client. If no written quotation is provided, verbal agreements shall be considered binding.
Quotes from contare.media are subject to change until orders are confirmed in writing by contare.media or until contare.media has begun providing the service.
The client has the option to submit booking requests via a booking tool on the contare.media website. These requests are non-binding and become valid only upon confirmation by contare.media.
If the client cancels an already confirmed booking via the booking tool, contare.media reserves the right to charge the client a cancellation fee in accordance with §5(11).

§ 3 Customer’s Obligations

Upon placing an order, the customer agrees to provide contare.media with the necessary image and audio material—in a format compatible with industry standards—in the agreed-upon data format and in a timely manner to ensure that the order is completed on schedule.
If the material provided does not meet the aforementioned requirements, contare.media is entitled to refuse to execute the order and, in the event of a failure by the customer to remedy the deficiency, to withdraw from the contract.
Defective source material or material that does not meet the requirements entitles contare.media to submit a new offer, provided that this results in the fullfillment of the services requested by the customer requiring increased technical and/or time-related effort and/or the general conditions and content have changed.
If the customer delivers the source material late, the processing time for contare.media shall be delayed accordingly. In the event of significant delays, contare.media is entitled to refuse to execute the order and to withdraw from the contract.
The customer undertakes to indemnify contare.media against any claims by third parties arising from the infringement of their rights. To this end, the customer must ensure that the material provided to contare.media for processing is free from any third-party rights (in particular property rights, ancillary copyrights, and personality rights, as well as rights to one’s own image) and/or that the necessary rights have been granted to contare.media.
Should the contractual delivery of the source material be impossible due to circumstances for which contare.media is not responsible, all costs incurred up to the time the relevant circumstances arose shall be borne by the customer.
If contare.media’s work is carried out on the customer’s premises, the customer undertakes to ensure a working environment in accordance with applicable labor law.
If contare.media transfers technical equipment or tools to the customer’s premises for the performance of the commissioned activities, these items shall be subject to lease law, and the customer, as the lessee, undertakes to maintain and preserve the condition of the items as they were at the time of their delivery to the premises, excluding normal wear and tear resulting from use.
The customer further undertakes to adequately secure the equipment and tools brought in by contare.media on its premises against misuse, damage, or loss and shall be liable in the event of damage in the amount of the replacement value.
If an internet connection is necessary for contare.media to perform the work, e.g., in the context of a livestream, the customer must provide such a connection with sufficient speed and in a fail-safe manner. contare.media cannot be held liable for transmission errors, interruptions, or failures of the internet connection—provided that contare.media is not directly responsible for the error, failure, or interruption.

§ 4 Delivery

Delivery dates and deadlines must be in writing to be valid. Unless expressly agreed otherwise, they are to be understood as approximate.
contare.media processes orders in accordance with industry standards. Deliveries are made in the agreed data format and on the agreed data carrier in technically flawless (broadcast-ready) condition.
If contare.media acquires its own copyrights or related rights through the execution of the order, contare.media grants the customer the necessary rights of use within the scope of the contractual purpose (unless otherwise stipulated in the contract), without any geographical or temporal limitations (see §7).
contare.media decides which employees are assigned and reserves the right to replace them at any time. contare.media may also engage freelancers and other companies in the performance of the order and is liable for their negligence as for its own.
To the extent that the contracting party employs its own or third-party personnel to perform its services, these persons are not authorised to issue instructions to the permanent or freelance employees of contare.media. All additional costs incurred by third-party personnel, such as travel expenses, higher wages, and the like, shall be borne by the customer. The contractual partner is also responsible for compliance with legally prescribed working hours, as well as other legal provisions existing for the protection of employees, in particular the Occupational Safety and Health Act. Work processes necessitated by compliance with legal regulations shall be borne by the contractual partner.
Data carriers used by contare.media for delivery remain the property of contare.media until the remuneration owed has been paid in full.
contare.media retains a copy of the services rendered for the customer for an agreed period. Unless a period has been agreed, copies and source materials (unless they are returned to the customer) will be destroyed/deleted no earlier than 30 days and no later than one year after order fullfillment and delivery.
Archiving of materials and services rendered for the customer may be agreed upon for a fee.
Upon delivery of the service, the risk passes to the client. If shipment is requested (including digital shipment), the risk passes to the service provider commissioned with the shipment upon handover of the service. Unless otherwise agreed, shipment is uninsured. contare.media shall not be held liable for damage to or loss of services during shipment.
contare.media is not obligated to hand over to the client any files and/or materials created for the production of the service. If the client requests the handover of files and raw materials, this must be agreed upon separately and compensated.

§ 5 Prices & Payment

Unless otherwise stated, all prices quoted by contare.media are net prices plus the statutory value-added tax of 19%.
Freight, customs, courier, or other shipping costs are not included in the offer and will be billed separately.
The fees and prices agreed upon with the customer in the offer apply under the following conditions:

Full workday = up to 8 hours plus breaks: 100% of the daily rate
Half workday = up to 4 hours plus breaks: 70% of the daily rate
Starting with the 5th hour of work, the workday is considered a full workday.
Starting with the 10th hour of work, an overtime surcharge of 25% applies
Starting with the 12th hour of work, a 100% overtime surcharge applies
For night work between 10:00 PM and 6:00 AM, a 25% night shift surcharge applies
For work on Sundays and public holidays, a 50% surcharge applies

Overtime may only be scheduled by the contracting party with the approval of contare.media.
The contracting party is prohibited from negotiating working conditions with the employees or freelancers of contare.media or from poaching them.
Costs and expenses incurred in connection with the assignment (e.g., equipment rental, material costs, travel expenses, etc.) are not included in the fee and must be reimbursed by the client with a 15% surcharge
For services rendered outside of contare.media’s headquarters (starting at 21 kilometers), the following travel expenses will be charged:

for travel by car: 0.50 EUR/km
for travel by public transportation: 0.30 EUR/km
For travel by train: the most affordable option in first class plus reservations
For flights up to 4 hours: minimum economy ticket including carry-on and checked baggage
For flights up to 8 hours: minimum premium economy including carry-on and checked baggage
For flights over 8 hours: business class including baggage and lounge access

For services provided by contare.media, the quotes prepared individually for the customer are binding. Unless a written quote is provided, the following minimum rates apply:

Daily rate for personnel: 450 EUR
Daily rate for basic technical services: 400 EUR
Daily rate for live stream personnel & basic technical services: 1,450 EUR

Expenses are calculated according to the current expense rates and are borne by the client.
The agreed fee is payable in full even if the commissioned and rendered services or delivered materials are not used by the client.
contare.media is entitled to invoice the contractual partner for contributions to the Artists’ Social Security Fund, as well as fees charged by collecting societies and taxes for foreign artists, plus a service fee.
In the event of cancellation of an order by the client, a reasonable cancellation fee is payable. The following serve as guidelines:

up to 1 week before the start of services/assignment: 25% of the order value
up to 2 days before the start of services/assignment: 80% of the order value
within 1 day before the start of services/assignment: 100% of the order value

contare.media has the right to terminate contracts for good cause at an earlier date without observing a notice period, e.g., if

insolvency proceedings are initiated against the contracting party
the contracting party merges or the ownership structure of its shares changes by at least 25%
the country in which the contracting party is headquartered becomes embroiled in a civil war or armed hostilities (even if war has not been declared) or the country is wholly or partially occupied by another power.

Unless otherwise agreed, all payments are due immediately upon the invoice date and without deductions.
Invoice disputes must be raised within seven days of receipt of the invoice. After this period has expired, the invoice shall be deemed accepted. Disputes do not suspend the due date.
Overdue payments will be subject to a reminder after a 15-day delay. After a 30-day delay, a flat-rate reminder fee of 40 EUR and late payment interest of 8% above the base rate will be charged. In the event of further delay in payment, debt collection or judicial dunning proceedings will be initiated. Any costs incurred in this regard shall be borne by the debtor.
If a customer is in default of payment in whole or in part, all claims of contare.media shall become due for immediate payment.
Until all due invoice amounts, including late payment interest and reminder fees, have been paid in full, contare.media is under no obligation to provide any further services to the customer under an ongoing contract.
contare.media reserves the right to provide services to customers who have previously been in default of payment only against advance payment in the future.

§ 6 Warranty & Liability

The customer agrees to immediately inspect the services provided by contare.media to ensure they have been performed properly and to identify any defects. Any defects discovered must be reported to contare.media in writing without delay.
The customer has no rights arising from defects caused by the customer’s improper use of the service.
Within the scope of the contract, contare.media is entitled to perform rework and remedy defects caused by the customer free of charge to the customer, provided that this is requested by the customer and the defects have been reported in accordance with §6.1 and do not fall under §6.2.
contare.media is only obligated to perform rework within the scope of the options available to it or specified in the contract. Content corrections will be carried out at the customer’s expense within the scope of what is possible.
In the event that rectification is not possible or has failed, the customer is not entitled to a reduction in payment or to withdraw from the contract. In the case of minor defects, the right to withdraw from the contract is excluded.
If withdrawal from the contract is declared, a claim for damages in lieu of performance is excluded.
contare.media is exempt from liability for any damages, provided that the customer is not a consumer and the damages did not result from gross negligence or intentional acts.
If contare.media is liable on the merits, liability for consequential damages and damages resulting from delay is limited to the average damage foreseeable given the nature of the service and typical for the contract.
contare.media can only be held liable for its own fault, intent, or negligence. Third-party services necessary for the fullfillment of the order are the sole responsibility of the respective contractor.
contare.media assumes no liability whatsoever for text and image material (concepts, designs, drafts, etc.) that has been approved by the client for use by contare.media in the execution of the work.
The client undertakes to verify the admissibility of the work under competition and trademark law before it is used in business transactions.
Complaints of any kind must be reported to contare.media in writing without delay, but no later than 10 days after delivery of the service. Upon expiration of this period, the delivery shall be deemed accepted as free of defects.

§ 7 Creation of a Work
[under Section 631 of the German Civil Code (BGB) (Contract for Work and Services)]

If the services provided by contare.media constitute the creation of a work in accordance with Section 631 of the German Civil Code (BGB), any concluded contract shall be deemed a contract for work and services.
Any service produced by contare.media under a contract for work and services is subject to copyright, upon which the granting of rights of use to the work is contingent.
The provisions of copyright law shall also apply even if the level of creativity required under Section 2 of the German Copyright Act (UrhG) is not attained.
All designs and services created within the scope of a contract for work and transferred to the customer may not be altered, either in the original or in reproduction, without the express written consent of contare.media. Copies, even in part, are prohibited. Reproductions require written authorisation and a separate agreement from contare.media. Any breach of these provisions entitles contare.media to claim a contractual penalty amounting to double the agreed remuneration.
contare.media grants the client the rights of use necessary for the respective purpose. Unless otherwise agreed, only a simple right of use is granted in each case. The transfer of rights of use to third parties requires the written consent of contare.media. Rights of use are only transferred upon full payment of the remuneration.
Unless a specific duration for the right of use is stipulated in the contract or in writing, a right of use for 1 year (365 days) following delivery to the client shall be deemed to have been agreed.
If reproduction is agreed, contare.media shall be entitled to be named as the author on such reproductions. Any infringement of this right entitles contare.media to compensation amounting to 100% of the agreed remuneration, unless higher damages can be proven. The right to claim higher damages upon proof remains unaffected.
Any contribution made by the client to the work does not constitute co-authorship and has no bearing on the amount of the remuneration.
Upon delivery of the work, the client is granted only the rights of use; ownership is not transferred. This agreement also applies to drafts provided.
Unless expressly agreed otherwise, the work (in its original form) must be returned to the author in good condition upon expiry of the rights of use. In the event of damage to or loss of the work, the client shall bear the costs incurred in restoring the originals. The right to claim further damages remains unaffected.
Freedom of design applies within the framework of a contract for work and services. Complaints regarding the artistic design are excluded. If the client requests changes during or after production, they shall bear the additional costs. contare.media retains all claims to remuneration for work already commenced.

§ 8 Confidentiality

The customer’s personal data shall be stored and used by contare.media exclusively for the purpose of fulfilling the contractually agreed services and for maintaining a business relationship.
The contracting parties undertake to treat all confidential information and trade secrets of contare.media obtained in the course of fulfilling the contract as confidential for an indefinite period and to use them only for the purpose of fulfilling the contract. The trade secrets of contare.media include, in particular, the services provided under these terms and conditions (consultancy, production, etc.) and prices. The contracting party may only make contract-relevant information accessible to employees and other third parties to the extent necessary for the exercise of the right of use granted to them; otherwise, they shall keep all information confidential. They shall inform in writing all persons to whom they grant access to contract-relevant information of contare.media’s rights to confidentiality and shall require them in writing to comply with the duty of confidentiality.
Stored data may be deleted at any time upon request.
contare.media reserves the right to use data for marketing, referral and informational purposes. The customer may object to this use in writing at any time.
Data transmissions over the internet, such as communication by email, may be subject to security vulnerabilities. contare.media cannot be held liable for any damage that may arise from unsecured data transmissions.
contare.media is irrevocably entitled to use the production or parts thereof, insofar as contare.media holds the copyright, without restriction as to time or place and free of charge, for the purpose of self-promotion or as a reference in all media and distribution channels, including the customer’s company logo.

§ 9 Use of Artificial Intelligence / Server Data Storage

contare.media reserves the right to use artificial intelligence in order to fulfil its services to the customer. This may involve text or image generation, modifying image or video files, generating or modifying audio, or carrying out translations and localisations.
The use of artificial intelligence may, under certain circumstances, require the uploading of the customer’s image, audio or text materials to servers outside the EU. contare.media shall not be held liable for any damage resulting from the use of artificial intelligence and the necessary outsourcing of files. contare.media assesses the use and upload to the best of its knowledge and belief and endeavours to identify and avert potential risks in advance.
Where there is a legal obligation to do so, contare.media will label image, audio and text material generated or modified by artificial intelligence accordingly and inform the customer thereof. However, there is no general obligation to label or inform the customer.
Furthermore, contare.media uses platforms and service providers for data transmission whose servers are located outside the EU. contare.media cannot be held liable for the use of such services or any resulting damage. The customer does not need to be notified of this in advance.
At the customer’s request, the use of artificial intelligence and data storage on non-EU servers may be waived. If this involves additional costs or effort, contare.media reserves the right to pass these on to the customer.

§ 10 Final Provisions

Unless otherwise agreed in these General Terms and Conditions, the Collective Agreement for Film and Television Professionals (TV FFS) dated 1 January 2011 shall apply to any collaboration with contare.media.
The law of the Federal Republic of Germany shall apply, even in the case of services provided abroad.
Any ancillary agreements relating to contracts or to these General Terms and Conditions must be in writing to be valid.
The possible invalidity or ineffectiveness of one or more provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision(s) with a valid provision(s) that corresponds to the original intent and comes as close as possible to the intended economic and legal effect.
contare.media reserves the right to amend these terms and conditions at any time and without prior notice. These Terms and Conditions may be viewed at any time at https://contare.media or requested from contare.media by email or post.
The place of performance and jurisdiction is the registered office of contare.media, Cologne, Germany.

13 April 2026, Cologne, Germany