VOID International Media Group
71-75 Shelton Street
Covent Garden, London, WC2H 9JQ
CEO: Richard R. Breitengraser
Internet address: www.voidmedia.group
Accountability for content
The contents of our pages have been created with the utmost care. However, we cannot guarantee the contents’ accuracy, completeness or topicality. According to statutory provisions, we are furthermore responsible for our own content on these web pages. In this matter, please note that we are not obliged to monitor the transmitted or saved information of third parties, or investigate circumstances pointing to illegal activity. Our obligations to remove or block the use of information under generally applicable laws remain unaffected.
Accountability for links
Responsibility for the content of external links (to web pages of third parties) lies solely with the operators of the linked pages. No violations were evident to us at the time of linking. Should any legal infringement become known to us, we will remove the respective link immediately.
Our web pages and their contents are subject to copyright law. Unless expressly permitted by law, every form of utilizing, reproducing or processing works subject to copyright protection on our web pages requires the prior consent of the respective owner of the rights. Individual reproductions of a work are only allowed for private use. The materials from these pages are copyrighted and any unauthorized use may violate copyright laws.
General Business Terms
The following GTC shall apply to all orders, offers, deliveries, events, and services placed with VIMG. They shall be deemed to have been agreed unless they are objected to immediately after the offer has been sent. Any deviating terms and conditions of business of the Customer are hereby objected to. Any deviating terms and conditions of business of the Customer shall not become valid unless VIMG acknowledges them in writing.
By placing an order, the Customer makes a binding offer to VIMG to conclude the contract with it. Offers previously made by VIMG are subject to change.
The contract shall be concluded upon oral or written order confirmation (e-mail shall be sufficient).
All services of VIMG shall be provided exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as “GTC”) in the version applicable at the time of the order.
VIMG shall be entitled to amend the GTC at any time, provided that the Customer consents to the amendment. The Customer’s consent shall be deemed to have been given unless the Customer objects to the amendment within four weeks of receipt of the notice of amendment, which notice shall contain a reference to the consequences of failure to object.
Cost estimates of VIMG shall only be non-binding estimates of the effort required, unless binding force is agreed in writing in the individual case.
“Images” within the meaning of these GTC shall in particular mean all products produced by VIMG, irrespective of the technical form or medium in which they were created or are available. (Examples: Negatives, slide positives, paper images, digital images/still pictures, prints, canvas, posters, etc.).
“Videos” within the meaning of these GTC are all moving images produced by VIMG in the broadest sense, regardless of their technical form. This includes moving images such as videos, video excerpts, still videos, animations, still images from videos, etc.
Also covered by the GTC are all orders that involve digital processing, changes, modifications of images or videos or the granting of image/video licenses. These terms and conditions shall also apply if changes or modifications are commissioned subsequently (in the sense of an ongoing business relationship).
VIMG shall be entitled to the copyright in the images and videos in accordance with the Copyright Act.
The images and videos produced by VIMG are in principle intended for the Customer’s own use only. If VIMG transfers rights of use to its works, only the simple right of use shall be transferred in each case, unless expressly agreed otherwise. However, the transfer of the images or videos shall not constitute a transfer of ownership rights. Any transfer of rights of use, in particular to third parties, shall require a special agreement. This includes in particular other group or subsidiary companies.
All rights of use, whether internal or external, shall not pass to the Principal until the fee has been paid in full (this shall also include, but not be limited to, partial, advance, partial and final invoices) to VIMG. This shall also and in particular apply to the forwarding of preview versions to any further customers or clients.
In the event of exploitation of the images, VIMG may, unless otherwise agreed, demand to be named as the author of the photograph. Any violation of the right to be named shall entitle VIMG to damages.
Any use, exploitation, reproduction, dissemination or publication shall be subject to a fee and shall require the prior express consent of VIMG. This shall apply in particular to any secondary use or secondary publication, publication on the Internet and on “social media” (as examples, facebook.com; tumblr.com; pinterest.com; vimeo.com; instagram.com, including their subdomains and links from other countries to their “.com page”), in particular in brochures accompanying products, in advertising measures or in other reprints, any editing, modification or redesign of the image or video material. Changes to the image or video material by means of montage, composing or electronic aids to create a new copyrighted work shall only be permitted with the prior written consent of VIMG. The image or video material may also not be copied, recreated or otherwise used as a motif.
Irrespective of the scope of the rights of use granted in the individual case, VIMG shall remain entitled to use the images in the context of its own advertising, e.g. in the context of its advertising (e.g. in showreels, on its homepage, or on its accounts), even if trademarks, work titles, or company logos of the Customer or other protected signs are recognizable in this context.
If concepts, creations, idea papers, layouts, contents or other intellectual property are demonstrably used, processed or similarly applied by VIMG without release, a contractual penalty of 100,000€, in words – one hundred thousand – shall become due immediately and without deduction. This also applies to competitions, pitches or other tenders.
III. fee, expenses
For the production of the picture or video material or further services, a fee will be charged as hourly rate, daily rate or agreed lump sum plus the legal value-added tax; possible additional expenses (travel expenses, studio rents, speaker/actor fees, expenses, props, material costs, etc.) will be shown separately and have to be paid by the Customer. VIMG shall show the final prices including value-added tax to end consumers. (not applicable for international payment transactions)
The following shall generally apply unless otherwise agreed in writing: 50% of the order volume shall be due immediately and without deduction upon placement of the order. Another 30% after completion of the production/creation. The remaining amount in addition to any outlays, expenses, etc. is due after finalization of the project, at the latest 7 days after invoicing. After 2 weeks, 1% late penalty will be applied. After 4 weeks 2% and after 6 weeks 5%, after 8 weeks 10% of the invoice amount will be due as a penalty for the delay.
If a time fee has been agreed, VIMG shall receive the agreed hourly rate if the recording work is extended. If, in the case of an agreed lump-sum fee, the agreed time for the recording work is substantially exceeded (by more than 15%), the additional expenditure shall be remunerated accordingly on the basis of the agreed lump-sum fee.
Due invoices are to be paid immediately without deduction. The client shall be in default if he does not settle due invoices within 14 (in words: fourteen) days after receipt of an invoice or equivalent request for payment. All projects/videos/creatives delivered shall remain the property of VIMG until payment has been made in full – If payments (partial, advance, partial, final invoices, etc.) are not made on time, VIMG shall be entitled, without any deductions, to scale back or discontinue work on current projects. Here we refer separately to paragraph II, Copyright from these GTC. (All rights of use, whether internal or external, shall not pass to the Customer until the fee has been paid in full to VIMG (this shall also include, but not be limited to, partial, advance, partial and final invoices). This shall also apply, in particular, to the forwarding of preview versions to any other customers or clients. )
If the Customer has not given VIMG any express written or verbal instructions regarding the design of the image/video material, any complaints regarding the image design and the artistic/technical design shall be excluded. If the Client wishes to make changes during or after the production of the recording, he shall bear the additional costs. VIMG shall retain the right to remuneration for work already commenced. The fee shall be paid in full even if the commissioned and delivered image/video material is not published, accepted or used for the intended purpose.
A set-off or the exercise of the right of retention is only permissible against undisputed or legally established claims of the customer.
The transfer of the rights of use shall be subject to the condition precedent that the Customer has fully satisfied all claims to fees on the part of VIMG.
In addition to the fee, in the case of the production of physical products such as print media in the broadest sense, including posters, flyers and stickers, all types of advertising material, merchandise or sound recording products, it is agreed that three specimen copies shall be sent.
If the time allotted for the execution of the order is substantially exceeded for reasons for which VIMG is not responsible, the fee shall be increased accordingly, provided that a lump-sum fee was agreed. If a time fee has been agreed, VIMG shall also receive the agreed hourly or daily rate for the waiting time, unless the Customer proves that VIMG has not incurred any damage. In the event of intent or negligence on the part of the Customer, VIMG may also assert claims for damages.
If an appointment has been agreed and if this appointment is canceled for reasons for which VIMG is not responsible, VIMG shall be entitled to invoice the scheduled time or the flat fee, if such has been agreed.
In the event of cancellation/cancellation of an order (alternatively a released offer) by the customer, a cancellation fee shall be due on a staggered basis as follows:
– up to 10 days before the order date 50% net of the fee
– up to 3 days before the order date 70% net of the fee
– up to 48 hours before the order date 100% net of the fee
The following provisions apply to travel expenses: Production will make travel arrangements for all team members. For each day of travel 50% of the agreed daily fee is due. Travel expenses will be covered 100% by the client. For any on-site appointments requested by the client, such as workshops, visits, etc., a flat fee of € 500.00 / day will be charged. Overnight stays will be at least in 4-star hotels (or equivalent). For travel by air, up to 3 hours flight an economy ticket applies. From 3 hours the customer has to pay for business class tickets. When traveling by train, 1st class tickets apply. When traveling by rental car, the client has to pay the full amount, including fuel & insurance (fully comprehensive). If you travel with your own car, a flat rate of 0,50€/kilometer applies. If additional travel costs are incurred, these are considered third-party costs and will be passed on to the client. A daily flat rate of 100,00€ per person involved in the production applies for catering.
IV. Data protection
VIMG shall be liable for itself and its vicarious agents only in the event of intent and gross negligence for the breach of obligations that are not directly related to essential contractual obligations. Furthermore, it shall be liable for damages resulting from injury to life, body or health as well as from the breach of material contractual obligations caused by it or its vicarious agents through culpable breach of duty. Unless otherwise agreed, VIMG/breitengraser shall only be liable for damage to photographic objects, originals, films, displays, layouts, negatives or data in the event of intent and gross negligence.
VIMG shall carefully store digital raw data. It shall be entitled, but not obliged, to destroy digital raw data stored by it after 2 years from the termination of the order.
VIMG shall be liable for light resistance and durability of the images only within the scope of the warranty provided by the manufacturers of the photographic material.
The sending and return of films, images and originals shall be at the expense and risk of the Client. The client may determine how and by whom the return is to be carried out.
VIMG shall be liable for damages, irrespective of the legal grounds, only in the event of intent and gross negligence. VIMG shall also be liable for negligent breach of material contractual obligations (cardinal obligations), i.e. such obligations whose breach jeopardizes the attainment of the contractual purpose and on whose compliance a Contractual Partner may regularly rely. In the event of a negligent breach of cardinal obligations, VIMG shall, however, only be liable for the damage foreseeable at the time of conclusion of the contract and typical for the contract. Any exclusion or limitation of VIMG’s liability shall also apply to the personal liability of its legal representatives, employees and other vicarious agents.
The above limitations of liability shall not apply in the event of injury to life, limb or health, fraudulent intent, the absence of a warranted characteristic or an express assumption of a guarantee. Liability under the Product Liability Act shall also remain unaffected.
VIMG points out that, in principle, insurance coverage exists for its own equipment. However, this shall not apply to third-party equipment to be used at the Customer’s request. In this respect, the Customer shall ensure that sufficient insurance cover is also provided in this respect.
If, at the Customer’s request, VIMG is to use the Customer’s own equipment or equipment provided by the Customer which is owned by third parties, the Customer shall ensure that such equipment is adequately insured against damage or loss. In such a case, the use of the equipment at the request of the customer shall take place under the exclusion of any liability.
VI. Collateral Duties
The Customer warrants that it holds the reproduction and distribution rights to all originals provided to VIMG and, in the case of portraits of persons, the consent of the persons depicted for publication, reproduction and distribution. Claims for compensation by third parties based on the violation of this obligation shall be borne by the Customer.
The client undertakes to make the photographic objects available in good time and to collect them again immediately after the photograph has been taken. If the Client does not collect the photographic objects after being requested to do so within two working days at the latest, the Photographer shall be entitled, if necessary, to charge storage costs or, if his studio rooms are blocked, to remove the objects from storage at the Client’s expense. Transport and storage costs shall be borne by the client.
VII. Default in Performance
If VIMG provides the Customer with several images or videos for selection, the Customer shall return the images or videos not selected within one week of receipt – unless a longer period has been agreed – at its own expense and risk. The Photographer may demand payment for lost or damaged images, provided that the Photographer is not responsible for the loss or damage.
This also applies to digital images, (digital) image cut-outs, videos, video sequences, video cut-outs, still images, stills or similar. As a rule, these shall be deleted and may not be used or used in any modified form.
If VIMG provides the Customer with images or videos from its archive, the Customer shall return the images or videos not selected to VIMG within one month of receipt by the Customer, and the selected ones within one month of use, or, in the case of digital material, delete them. If the Customer defaults on the return, VIMG may charge a blocking fee of 1 (in words: one) euro per day and image/video, unless the Customer proves that no damage has been incurred or that the damage is lower than the flat-rate damage fee. In the event of loss or damage which precludes further use of the images, VIMG may demand compensation. As a rule, the damages shall amount to 1000 (in words: one thousand) euros for each original and 200 (in words: two hundred) euros for each duplicate, unless the Customer proves that no damage has been incurred or that the damage is lower than the lump-sum compensation. VIMG reserves the right to claim higher damages. The amount of damages shall be based, in particular, on the current tables of the professional associations for photographers and artists or on the market value to be proven by other means.
Delivery dates for images shall be binding only if they have been expressly confirmed by VIMG. VIMG shall be liable for failure to meet deadlines only in the event of intent or gross negligence.
VIII. Additional equipment (esp. drone recordings)
If the Customer desires pictures/videos for the production of which he wants civil camera drones, quadcopters, similar unmanned aerial vehicles (hereinafter referred to as “drones”) or vehicles, or if these are necessary, he shall bear the additional costs incurred thereby.
These services are provided exclusively within the framework of the applicable safety requirements as well as the applicable laws and official permits. The customer cannot order or demand services outside of these general conditions.
In particular, this applies to the following general conditions:
– no flight activities during rain or thunderstorms
– no flight activities before sunrise or after sunset (deviations only possible with special permission)
– flights up to a maximum wind speed of 30 km/h
– flight speeds of the drone up to max. 60 km/h (with Red Epic camera up to max. 40 km/h)
– visual flight according to VFR rules (flights only with visual contact to the drone)
– maximum flight altitude 100 meters (deviations only possible with special permission)
– maximum distance to the pilot horizontally 500 meters (deviations only possible with special permission)
– no overflight of persons (deviations only possible with special permission)
– air restricted areas may not be flown through – no flights at a distance of less than 1.5 kilometers from the boundary
of airfields as well as 5 kilometers from airports (possible with special permission)
– no flights without an ascent permit, as far as this is required by law.
If an official ascent permit is required in accordance with § 16 of the German Air Traffic Regulations (LuftVO) or in accordance with state law, VIMG shall take care of obtaining or issuing such permit, unless otherwise agreed in the individual case. The Customer shall bear the costs of obtaining a climbing permit.
IX. Image Editing
The editing of images or videos on the part of VIMG as well as their reproduction and distribution, analog or digital, require the prior consent of VIMG. If a new work is created by photocomposing, montage or other electronic manipulation, these must be discussed with VIMG. New buy outs may be incurred.
The Customer shall be obligated to make this electronic link in such a way that it is preserved in any type of data transmission, in any reproduction on screens, in any type of projection, in particular in any public reproduction, and that VIMG is clearly and unambiguously identifiable as the author of the images or videos.
The Customer warrants that it is entitled to commission VIMG with the electronic processing of third-party images or videos if it places such a commission. The Client shall indemnify the Photographer against all claims by third parties based on a breach of this obligation.
X. Right of withdrawal
You may revoke your contractual declaration in writing (e.g. letter, e-mail) within two weeks without stating any reasons. The revocation must be made expressly; the mere return of received goods or the deletion of digital images/videos is not sufficient. The period shall commence upon receipt of this notification in text form. The timely dispatch of the revocation shall be sufficient to comply with the revocation period.
The revocation is to be sent informally and without giving reasons in the context of a consumer goods purchase to:
VOID International Media Group
71-75 Shelton Street
Covent Garden, London, WC2H 9JQ
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived shall be surrendered. If you are unable to return the performance received in whole or in part, or only in a deteriorated condition, you must compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the goods by not using the goods as an owner and refrain from doing anything that would reduce their value.
The received goods are to be returned at our risk, but you have to bear the costs of the return shipment, provided that the delivered goods correspond to the ordered goods. Obligations to refund payments must be fulfilled within 14 days. The period shall commence for you upon dispatch of the notice of cancellation, and for VIMG upon receipt thereof.
XI. Important notes
If the contract is for the provision of services, the following special provisions shall apply:
Insofar as we start providing the service at your express request before the expiry of the revocation period, your right of revocation shall expire when the service has been provided in full. We shall be entitled to remuneration for partial services rendered up to the time of revocation. By accepting this GTC, you declare your knowledge of the loss of your right of revocation under the aforementioned conditions.
Insofar as the contract is for the delivery of digital content that is not on a physical data carrier, your right of revocation shall expire if you expressly agree to the performance of the contract before the expiry of the revocation period. By accepting this GTC, you declare your knowledge of the loss of your right of withdrawal under this condition.
The right of withdrawal does not exist if you have acted in the exercise of your commercial or independent professional activity.
The right of withdrawal does not exist if the content of the contract is the delivery of goods that are made to your specification and clearly tailored to your personal needs.
XII Final Provisions
The place of performance for all obligations arising from the contractual relationship is Berlin. If both parties to the contract are merchants, self-employed persons, freelancers, legal entities under public law or a special fund under public law, Berlin is also agreed as the place of jurisdiction.
If one or more provisions of this GTC are invalid, the remainder of the contract shall remain valid. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions.