ChatGPT

General Terms and Conditions

I. Scope The following terms and conditions apply to all contractual relationships with Nick Szymczak (hereinafter referred to as timewaves LLC). Deviating terms and conditions of customers are not valid. By accepting deliveries or partial deliveries, as well as accepting a cost estimate, customers acknowledge the validity of these terms and conditions in any case. These terms and conditions also apply to all future contractual relationships with customers, unless expressly agreed otherwise. Any agreements deviating from these terms and conditions require written form.

II. Conclusion of Contract and Withdrawal a. Offers from timewaves LLC are non-binding. The contract is only concluded through the written order confirmation of the customer or the delivery of the ordered services by timewaves LLC without prior confirmation. b. If timewaves LLC is prevented from performing a service due to circumstances not within its control, especially due to incorrect or untimely deliveries by suppliers or third parties, untimely return of rental equipment by the previous tenant, unreasonable weather conditions, or weather-related disruptions, timewaves LLC is entitled to withdraw from the contract. c. The customer is obligated to accept partial deliveries without requiring prior approval. d. After the customer's withdrawal from the contract, all work carried out up to that point must be fully paid by the customer. In addition, incurred costs such as cancellation fees for rental equipment, vehicles, insurance, etc., are to be paid. Cancellation fees are typically 50% of the price for cancellations made 2 days before the scheduled assignment and 100% of the price for cancellations made within 24 hours of the assignment.

III. Prices and Payment Terms a. All prices are net prices. Costs for packaging, postage, and freight are billed separately. The invoice amount is due for payment within 14 days of receiving the invoice without deduction. b. All deliveries and services remain the property of timewaves LLC until full payment is received. c. All offered working hours are estimated working hours. Overtime will be charged to the customer unless there is a flat-rate payment offer. The customer will be informed in advance by timewaves LLC. d. Daily rates are based on 10 working hours, including a one-hour break. Overtime is calculated at 25% from the 11th hour onwards and 50% of the base price per started hour from the 12th hour onwards.

IV. Default of Payment a. Default occurs upon receipt of a reminder after the due date, but in any case, 30 days after receipt of an invoice or an equivalent payment request. b. In case of payment default, timewaves LLC reserves the right to charge default interest at a rate of 5% above the respective base rate of the European Central Bank, but at least a processing fee of €5.

V. Retention, Offset, and Assignment a. The right of retention due to counterclaims and offsetting with counterclaims is excluded unless they are undisputed or legally established. b. The assignment of rights and/or the transfer of obligations from the contractual relationship without the explicit written consent of timewaves LLC is prohibited. This does not affect the assignment of rights and/or the transfer of obligations to companies connected with the customer within the meaning of §§ 15 ff. AktG (German Stock Corporation Act). c. Timewaves LLC can transfer rights and obligations to third parties with the customer's consent at any time.

VI. Compensation Liability is limited in cases of slight negligence in the breach of essential contractual obligations, in case of delay and impossibility, as well as outside essential contractual obligations for gross negligence of ordinary vicarious agents, to the amount of the typically foreseeable damage.

VII. Liability Objects and materials handed over to timewaves LLC are generally not insured by timewaves LLC. The client is responsible for adequate insurance coverage. The contractor is not liable for lost items.

VIII. Storage, Archiving, and Release of Data and Documents Raw material and all project files, including associated assets, are copyrighted and the property of timewaves LLC. If the client wishes to receive these data, especially open project data, a suitable buyout must be agreed upon. The client bears the costs for the transfer of data and the storage medium. All raw data, raw files, and project files created by timewaves LLC for production are stored by timewaves LLC for a period of one year, starting from the end of the respective communication measure, without separate remuneration and with reasonable technical effort. Liability for data loss is expressly excluded during archiving. After the retention period or upon termination of the contract before the end of this period, the documents will be destroyed.

IX. Usage Rights and Indemnification a. The customer assures timewaves LLC that they have the necessary usage rights for reproducing the work and grants timewaves LLC the usage rights required for reproduction upon conclusion of the contract. b. The customer assures timewaves LLC that they have the necessary usage rights for delivered image, sound, and video materials and grants timewaves LLC the usage rights required for further processing upon conclusion of the contract. c. The customer undertakes to indemnify timewaves LLC from any claims made by third parties due to unauthorized reproduction or delivery and to compensate timewaves LLC for any damages incurred. This includes the legal costs incurred by timewaves LLC for legal prosecution or defense.

X. Copyright, Reproduction, and License Release a. The contracting party is not authorized to create copies (even in part) of our products themselves or through third parties. Public performance, leasing, and rental (even free of charge) are prohibited unless expressly approved in writing by us. b. The contracting party grants timewaves LLC the right to mention the contract results in a suitable manner, such as in a "showreel," a compilation of the results for publication on the company's homepage. c. For all delivered audio and video works, unless otherwise agreed, a standard license release for worldwide internet use, including social networks and video platforms such as Facebook, Instagram, YouTube, or Vimeo, is granted for a duration of one year. Deviating agreements must be made in writing and noted in the offer. d. timewaves LLC is free to create a final version ("Director's Cut") of any film/video/animation project and publish it on all channels without time restrictions.

XI. Warranty Claim a. Complaints about obvious defects must be made immediately, but no later than within an exclusion period of 7 days after receiving the goods, and must be sent for examination at the same time. b. Quality claims subject to subjective judgment, especially color, brightness fluctuations, contrast fluctuations, or volume differences, do not justify a warranty claim. c. The warranty claims of the client are limited, at our discretion, to the right of rectification or replacement delivery. A reasonable period must be granted for this. The warranty right expires if the client, without our prior written consent, has carried out rectification work, changes to the script or programming code, or other alterations to the delivered or processed material. In case of failure of rectification or replacement delivery by timewaves LLC, the client has the right to demand a reduction in remuneration or cancellation of the contract at their discretion. d. If defects in the delivered material arise after the client has modified original files provided or delivered by timewaves LLC, the warranty claim is void. This also applies if the changes do not show a direct connection to the resulting defect.

XII. Additional Services a. Additional deliveries and services are billed separately. Additional work arising from client-initiated changes, author's corrections, or additional work due to the client's delayed delivery (unless mentioned in the cost estimate/offer) is also charged to the client.

XIII. Personal Data The customer acknowledges that their personal data is stored by timewaves LLC for its own purposes (§ 33 Abs.2 Ziffer 1 Bundesdatenschutzgesetz - German Federal Data Protection Act). The customer accepts the privacy policy.

XIV. Severability Clause Should individual provisions of this contract be wholly or partially ineffective or lose their legal effectiveness later, the validity of the contract as a whole will not be affected. In this case, an effective provision that comes closest to the economic purpose pursued with the ineffective provision will replace the ineffective regulation.