GENERAL TERMS & CONDITIONS 

Last updated: March 2020

 

The following shall apply:

Upon payment of the voice recording, the rights of use are transferred to the client; but only within the agreed framework and for the agreed purpose. Compensation for the voice recording does not constitute exclusion of competition. Total exclusivity (e.g. no other advertising by the voice artist for a certain period of time) or product exclusivity (e.g. no other coffee advertising for a certain period of time) may, however, be agreed subject to an additional fee negotiated for individual cases. Exclusivity agreements require the written form.

 

In detail:

 

General terms

 

The rights of use for voice recordings shall only be transferred upon full payment. Voice recordings themselves cannot be purchased because authorship and copyright ownership may not be transferred. With the rights of use, license is acquired for the use of the voice recording for the specified purpose and period. If the recordings, even in part, are used for further publications, a corresponding additional fee is due, which shall be negotiated and remunerated separately.

 

Television and radio contributions

 

The general terms and conditions of broadcasting companies do not automatically apply. The individual agreement between the parties is decisive. If no individual contractual arrangement has been made, the following conditions shall apply accordingly.

 

Advertising layouts (radio, TV, cinema and online)

 

Upon payment of the layout, the client obtains the right to use the voice recording for presentations and market tests. In the layout stage, the client is also permitted to create any number of versions from the speech material. The layouts must not however be broadcast without permission nor delivered on the Internet nor otherwise be made accessible to the general public, e.g. for advertising, information or sales purposes. In the event of broadcast or delivery, a usage fee is due in addition to the layout fee. The same shall apply to each case where parts of a layout are used.

 

Advertising spots (radio, TV, cinema and online)

 

Upon payment of an individual spot, the client obtains the right to use (broadcast) the respective spot by means of the agreed distribution channel within the agreed broadcasting area (on the Internet, calculated based on the agreed number of broadcasts or the agreed media budget), limited to the country specified in the voice artist's invoice for a period of one year. The right of use generally begins at the time of the first broadcast. If the time of the first broadcast is not mentioned, the right of use applies from the date of recording.

 

With the broadcasting rights for the Federal Republic of Germany, the client also obtains the right to broadcast in stations across Europe that are based in Germany. For broadcasts in stations that are not based in the Federal Republic of Germany, or for each additional country (e.g. Austria, Switzerland, etc.), an additional usage fee is due for the corresponding distribution channel. If the client uses a spot or (speech) segments of a spot to produce another or a new radio, TV, cinema or online spot, then another usage fee is due; the same applies to the change from one distribution channel to another, for instance, if a radio spot (or parts thereof) become a cinema spot or a TV spot on the Internet is used as a pre-roll.

 

The same shall apply to the production and broadcast of sales videos, industry films, in-store (POS) videos or announcements, at public events, etc., if these are broadcast or distributed via another channel, in particular on the Internet. For the production and distribution of videos and other multimedia applications that are offered for sale or are used for advertising purposes, an additional usage fee is due, depending on the number of copies. This also applies to streaming broadcasts.

 

A special price structure applies for the production of radio spots for local stations: here, the usage fee is less expensive because the broadcasting area is strictly limited. A local radio spot covers broadcasting in any number of stations in a single local area (a single city or a single district) or a region with a coverage area of max. one million inhabitants.

 

Fees

 

Unless a separate fee agreement has been made, the respective current price list applies when determining the amount of individual fees, which can be requested at any time and which is available for inspection at the production studios.

 

In the event that a confirmed production date cannot be met by the client, a cancellation fee of 100% of the individual fee agreed is due for the payment to the voice artist. If the voice artist cannot meet an agreed production date for reasons for which he is not responsible, e.g. illness or force majeure, the proof of which he must provide on request, then he is not liable for any costs incurred by the client.

Errors for which the voice artist is responsible (e.g. pronunciation errors) must be reported within 14 days from the date of the recording. Within this period corrections will be made without any additional charge. After 14 days, the client will be charged a fee for a new recording.

If a voice recording has been accepted by the client, who is personally present or by any person commissioned by the client, no further complaints due to errors for which the voice artist is responsible can be made after the client's acceptance. In such a case, a correction of the original recording shall be considered as a new recording that has to be charged. Should a text require re-recording following acceptance due to changes in the text, this shall also be considered as a new recording to be charged.

 

Obligation to inform

 

Before the first broadcast or use, the client is obliged to inform the voice artist when a voice recording, layout and/or spot, either in the original or in a modified form, using the originally agreed or another distribution channel, or with other parameters (number of broadcasts, media budget, new broadcast area, different time), is broadcast or used. Should the client be unable to provide this information within a reasonable time-frame, except in justifiable circumstances, the voice artist shall informed at the latest within 10 week days after the first broadcast. If the client does not meet this obligation to inform on time, the voice artist can demand 10% interest p.a. of the invoice amount for the period of time that has elapsed between the date the information was due (at the latest within 10 week days from broadcast or use) and the day on which the voice artist found out about of the broadcast or use thereof. The right to demand default interest in the event of late payment after invoice issue date remains unaffected.

 

Breach of contract

 

In the event of a breach of the obligation to inform or if a voice recording, layout or spot is used or distributed contrary to the agreement, e.g. beyond the agreed time, area and/or the agreed channel, the client shall undertake - notwithstanding the obligation to pay the corresponding rights of use - for each case of violation, excluding the acceptance of the continuation of the contract, a contractual penalty in the amount of 4-fold the usage fee due to the voice artist. The client is equally liable for violations caused by third parties involved in the production at his instigation.

 

Liability

 

The voice artist is not liable for the content of productions.

 

Applicability

 

Upon award of contract to the voice artist, the above General Terms and Conditions are deemed to have have been agreed upon, otherwise the client's terms and conditions shall not automatically apply. The definitions and conditions of the VDS price list, valid at the time the order is placed, apply to the respective layouts and/or uses.

 

Applicable law and jurisdiction

 

The law of the Federal Republic of Germany applies to these General Terms and Conditions and the entire legal relationship between the contracting parties. The place of jurisdiction is the voice artist’s place of residence.

 

Final provision

 

Should a clause of these General Terms and Conditions or a provision within the framework of other agreements be or become ineffective, the effectiveness of the remaining provisions or agreements shall not be affected.

© 2020 Nacho Hermo

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