GENERAL TERMS AND CONDITIONS.
1. Scope of application
1.1. These general terms and conditions of business are an integrated part of all contracts between SONUS Music GmbH and the Customer. Any contractual conditions deviating from these general terms and conditions of business or any other regulations shall only be valid, as far as SONUS Music GmbH has expressly acknowledged them in writing for the respective business transaction.
1.2. In the event that individual rules of these general terms and conditions of business are fully or partially ineffective due to legal regulations, the validity of the residual rules shall remain unaffected.
2. Inquiries, Quotation and Contract conclusion
2.1. Verbal inquiries, inquiries made by telephone or written inquiries of any kind by the Customer shall not obligate SONUS Music GmbH to conclude a contract.
2.2. After SONUS Music GmbH has examined the feasibility of the inquiries from the Customers, SONUS Music GmbH can make a non-binding, written offer to the inquiring Customer, which already contains all corner points of a potential contract. The offer shall be deemed a request to the Customer to make a binding offer.
2.3. By signing and returning this „Letter of Offer“ to SONUS Music GmbH, the potential Customer is making a binding offer to SONUS Music GmbH.
2.4. SONUS Music GmbH can accept this binding offer from the Customer by written order confirmation via post, fax or email. The contract between the Customer and SONUS Music GmbH shall not be deemed concluded until the order confirmation has been sent off.
3. Fee; Terms of Payment
3.1. The invoices of SONUS Music GmbH are – unless otherwise agreed in writing – to be paid in full immediately on receipt, with no deductions or discounts, to the account stipulated by SONUS Music GmbH.
3.2. Offsetting claims from SONUS Music GmbH against counterclaims of any kind, is excluded.
3.3. In the event that the Customer or any other party with payment obligations, independent whether culpable or non-culpable, defaults on a payment, SONUS Music GmbH shall have the right to add a default interest of 12% per annum. Doing so, shall not affect claims of SONUS Music GmbH for the reimbursement of a higher interest rate. Moreover, the Customer or any third party with payment obligations is obliged to reimburse SONUS Music GmbH for all reminder charges and collection expenses which are required to adequately assert their legal rights. Any other damages arising from the default are to be reimbursed by the Customer or any other third party with payment obligations – independent of culpability in the default of payment.
4. Liability
4.1. SONUS Music GmbH shall be generally excluded from liability against the Customer in cases of light negligence, in all other cases such as e.g. failure to comply with a reservation, the liability of SONUS Music GmbH shall at most only extend to the simple fee agreed with the Customer.
4.2. In all other cases, in which receivables are claimed from SONUS Music GmbH, the claimant shall have the responsibility to prove that gross negligence or a higher degree of culpability exists. Claims of compensation against SONUS Music GmbH shall in any case expire two years after the commencement of the order.
4.3. The accumulating costs for the cancellation of a reserved order are as follows – unless agreed otherwise in writing:
Within a time limit of: Payable percentage of the agreed total fee:
21 days --> 30% (thirty)
14 days --> 50% (fifty)
7 days --> 85% (eighty five)
Less than 7 days --> 100% (one hundred)
Prior to the commencement of the event
The Customer shall bear the total costs to the extent of the aforesaid percentages and is solely liable for the payment of the same.
4.4. SONUS Music GmbH has the right to make justified and appropriate amendments of the subject of agreement at their own discretion. The Customer shall authorise the amendments prior to change.
5. Commercial Protection laws
5.1. Unless SONUS Music GmbH and the Customer have made special written agreements, the Customer is prohibited from transmitting artistic performances, in particular by transmission through audio speakers or other technical systems outside of the agreed place of performance. Further the Customer is prohibited – without special written agreement – to record the artistic performance (subject- matter of the contract) on video or audio media – or on any other type of recording, to exploit these in any type or form, send them or make them available to the public on the Internet. All further extending rights of SONUS Music GmbH due to legal regulations shall remain unaffected. In particular the contractual partner of SONUS Music GmbH is prohibited, without written agreement, to assign the existing utilization, exploitation or publishing rights to third parties or transfer the same in any type or form.
5.2. If the existing or agreed usage, exploitation or publishing rights are exceeded under breach of the existing General Terms and Conditions of Business, the Customer shall pay to SONUS Music GmbH, who is the representative of the performing artist in this respect, twice the fee defined in Point 3 of the existing General Terms and Conditions of Business. Damages exceeding this amount shall in any case be additionally reimbursed.
5.3. SONUS Music GmbH has in any case a right to comprehensive information on the particulars and the extent of the usage, application, exploitation and publishing of the services subject to the contract from the Customer or third party respectively. The Customer (or third party) shall be obliged to make every effort to comply with the enquiry for information by SONUS Music GmbH.
6. Data Protection
6.1. All employees of SONUS Music GmbH are familiar with the obligation to secrecy relating to Data Protection Law and have been obliged by SONUS Music GmbH to observe the same. The Customer acknowledges that the data contained in the respective contract shall only be stored and processed for purposes of accounting and Customer verification. The data shall furthermore be used for the compliance with legal regulations and for the protection of payment transactions.
6.2. Customer data shall not be transferred to third parties by SONUS Music GmbH unless this is crucial for the processing of the contract. The Customer agrees to receive information from SONUS Music GmbH independent of the concrete contractual relationship. This agreement may be withdrawn by the Customer at any time without the provision of reasons.
7. Place of execution, Jurisdiction and applicable Law
7.1. All contract conclusions of SONUS Music GmbH are exclusively subject to Austrian substantive law under exclusion of the UN International Sale of Goods regulations. The aforesaid regulations shall not apply in cases of mandatory liability as prescribed by the applicable laws and regulations of consumer protection law.
7.2. All disputes between SONUS Music GmbH and the Customer shall be dealt with by the local competent court for SONUS Music GmbH. SONUS Music GmbH shall however, have the right to call upon another local competent court. The place of execution is, unless otherwise agreed, the company headquarters of SONUS Music GmbH in Austria.