Creator Terms and Conditions
§ 1 Basic Provisions
(1) These Terms and Conditions govern the business relationship between the parties regarding the creation of User Generated Content (UGC) for the products sent out by the company.
(2) Unless otherwise agreed, the following contractual terms apply exclusively. Deviating or conflicting terms and conditions are only valid with the express written consent of the parties.
(3) A collaboration begins with mutual agreement or upon receipt of the briefing and ends automatically upon the complete provision of the services in accordance with the briefing.
(4) The parties are businesses within the meaning of § 14 of the German Civil Code (BGB).
§ 2 Services of the Creator
(1) The creator undertakes to create User Generated Content videos based on the briefing provided by the company. The number of videos is defined individually in the briefing.
(2) Unless otherwise agreed, the creator shall provide all content in its raw state, in the highest possible quality, without editing or using filters. The exact technical requirements are clarified in the briefing.
(3) Furthermore, the creator undertakes to submit the services mentioned in paragraph 1 above to the company by a pre-determined date.
(4) The creator undertakes to implement corrections within 4 days if significant deviations from the briefing are identified in the content.
(5) In the event of a barter deal agreement, the company reserves the right to charge the creator an administrative fee of up to 200 euros if the creator does not submit the agreed-upon content, which must comply with the briefing, within 14 days of product shipment.
(6) Products are not taxed on a flat-rate basis by the company. The correct taxation of the products is the responsibility of the creator.
§ 3 Services of the Company
(1) The company is obligated to provide the creator with the products and/or the necessary image and text material required for the fulfillment of this contract free of charge and in good time before the publication of the services owed as specified in § 2.
(2) The parties shall coordinate the specific design of the creator's services by mutual agreement. The company shall provide the creator with the specific requirements for the content to be created in a timely manner.
(3) To the extent that products are provided to the creator by the company for the fulfillment of the contract, the creator acquires ownership of these products and may dispose of them freely even after the end of the contractual relationship.
§ 4 Illness, Work Impediment
(1) If the creator is unable to provide the services owed under § 2 due to illness or another important reason, they are obligated to inform the company immediately, and no later than one day after becoming aware of the situation, regarding the circumstances and the expected duration of the impediment. The creator must also notify the company immediately once the impediment has ceased.
(2) Once the impediment has ceased, the creator is obligated to make up for the services owed under § 2 promptly, and no later than one week after the impediment has ceased, provided this is appropriate for the fulfillment of the contract.
(3) If a deadline needs to be postponed for reasons other than illness, this is only permitted for an important reason and with the consent of the agency.
(4) In the event of a termination of the cooperation, the creator is obligated to return the products to the agency at their own expense.
§ 5 Usage Rights for Image, Video, and Text Material
(1) The granting of usage rights for content created by the creator is project-based and is agreed upon individually between the company and the creator. The scope, type, duration, and geographical reach of the usage are determined exclusively by the respective agreement with the company's designated contact person.
If a time-limited usage is agreed upon, the usage period begins only upon the initial go-live/publication of the respective content.
Unless expressly agreed otherwise, the creator grants the company a simple, non-exclusive right to use the contractual content as required for the execution of the respective project. Any transfer of usage rights to third parties requires a corresponding project-specific agreement.
(2) The creator may use the image, video, and text material provided by the company exclusively for the purpose of performing the services agreed upon for the respective project. For this purpose, the creator receives a non-transferable and revocable right of use limited to the duration of the project.
§ 6 Confidentiality
(1) Each party shall treat all information and documents received from the other party in connection with the performance of this contract as confidential. Within their own organization, information and documents from the other party may only be disclosed or made accessible to personnel who require them for the fulfillment of this contract. Neither party shall disclose information or documents of the other party to third parties without prior written consent, unless those third parties are bound by professional confidentiality obligations. If such consent is granted, the third party must be obligated in writing to maintain confidentiality in accordance with the provisions of this section before any disclosure.
(2) The confidentiality obligation under paragraph 1 above does not apply to information or documents that are generally known.
(3) The provisions of the Trade Secret Act remain unaffected. Disclosure of the information sheet to third parties.
§ 7 Data Protection
(1) For the purpose of contract performance, the company collects, stores, and forwards the creator's personal data—such as name, address, email address, and telephone number—to the managing agency in accordance with Article 6(1)(b) of the GDPR.
(2) The company ensures compliance with the European General Data Protection Regulation (GDPR). For further information regarding data processing and the rights of data subjects, please refer to the company's privacy policy.