1. "AM BALL” refers to the party responsible for providing the main service.
2. “Client” refers to the party for whom AM BALL performs the main service and who is obligated to pay the agreed remuneration.
3. “Order” means the contractual relationship between AM BALL and the Client, regardless of the specific contract type.
4. “Work Result” refers to the concepts, consulting results, presentations, multimedia formats (e.g., photos or websites), events, and promotional items created by AM BALL within the scope of the Order.
1. These General Terms and Conditions (“GTC”) apply exclusively to all business relationships between AM BALL and the Client in the version valid at the time the order is placed. They form an integral part of every quotation issued by AM BALL.
2. Any terms and conditions of the Client that deviate from or supplement these GTC shall not apply, even if AM BALL does not expressly object. Deviating terms are valid only if explicitly confirmed in writing by AM BALL. Individual written agreements (e.g., an accepted quotation) shall prevail over these GTC.
3. The Client confirms that all orders are placed solely in its capacity as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), i.e., in the course of its commercial or self-employed activity.
4. Should these GTC apply in exceptional cases to consumers (as defined in Section 13 BGB), they shall apply only to the extent that they do not conflict with Sections 305 et seq. BGB.
1. The services to be provided by AM BALL and the remuneration owed by the Client are set out in AM BALL’s quotation or service description. If no fee is specified, the price lists valid at the time of commissioning shall apply. If the service is not listed, the customary industry rate shall be deemed agreed.
2. The agreed fee covers only those services expressly included in the quotation. Additional services—particularly extra work resulting from changes or additions requested by the Client—may be charged separately by AM BALL.
3. Ancillary costs (e.g., freight, packaging, postage, customs, taxes, fees) and third-party services such as the artist’s social-insurance contribution (if not already included in AM BALL’s quotation) shall be borne by the Client according to actual expenses, even if subsequently levied.
4. Exceeding the agreed fee by up to 10% is considered acceptable. If deviations go beyond this, AM BALL shall inform the Client of the expected additional amount. The increase shall be deemed accepted unless the Client objects in writing within two working days of receiving the notice.
5. If the Client provides incomplete or incorrect information, or corrects it later, causing loss to AM BALL, the Client shall compensate AM BALL for the damage incurred, provided it is responsible.
6. AM BALL may subcontract parts of its services to third parties. AM BALL remains solely responsible for proper fulfillment of its obligations. The Client may reject such third parties only for valid reasons related to their person.
7. Unless otherwise specified, AM BALL may request a reasonable advance payment—up to 50% of the total order amount—before work or production begins.
8. If the Client withdraws from the contract without fault on the part of AM BALL, the Client shall bear all costs incurred up to the time of withdrawal.
1. Work Results are produced on the basis of materials, instructions, protocols, and subsequent written directions approved or provided by the Client (collectively the “Specifications”).
2. Summaries or protocols provided by AM BALL shall be deemed binding Specifications unless the Client objects in writing within three working days of delivery.
3. AM BALL creates the items or concept according to the Specifications. Decisions on creative and/or technical design remain with AM BALL. The Client bears responsibility for factual correctness and legal compliance where its instructions were followed (see also § 6).
4. If the Client provides its own designs, audio-visual, or other production material, it must supply them in a usable format and in due time. The Client guarantees that such material is free of third-party rights and shall indemnify AM BALL accordingly. Adaptation work required to make the material usable will be charged to the Client.
5. Where the Client requests use of specific music, it guarantees either that it is royalty-free or that it holds the necessary rights; any resulting costs shall be borne by the Client.
6. If the Client requests changes to timing, Specifications or already produced items before final approval, these shall be at the Client’s expense, unless they concern legitimate defect claims. AM BALL shall inform the Client in advance about the expected additional costs.
7. AM BALL is not obliged to retain materials provided by the Client beyond three months after project completion.
1. Delivery dates and deadlines given by AM BALL are non-binding unless expressly agreed in writing as fixed dates.
2. If delays occur because the Client fails to meet its cooperation obligations, AM BALL is not liable for such delays.
3. If the Client is in default of acceptance or otherwise violates its duties, AM BALL may claim compensation for resulting losses and extra expenses.
1. AM BALL is not responsible for checking the legal admissibility of Work Results, particularly under competition, copyright, food, pharmaceutical, or trademark law.
2. AM BALL is not obliged to verify the accuracy of factual claims made by the Client about its products or services. The Client must ensure that the Work Results comply with law and do not infringe third-party rights.
3. The Client warrants that all materials supplied to AM BALL are free of third-party rights and that it holds the necessary rights for production and distribution.
4. The Client shall indemnify AM BALL against any claims from third parties arising from breach of these obligations.
5. Even if the services of AM BALL are not eligible for copyright or other protection, they shall be deemed properly performed unless otherwise agreed in writing. AM BALL may, but is not obliged to, seek protection for its services.
6. Upon approval or publication, the Client accepts the content of the Work Result and assumes responsibility for all legal aspects of its content, image, sound, and text, unless AM BALL has explicitly provided guarantees.
1. Each party shall bear its own costs for postage, telephone, and other communication expenses arising in the course of business.
2. Unless otherwise specified in the quotation or agreed separately, travel expenses will be charged to the Client as follows:
a) Third-party costs: according to receipts
b) Hourly time spent travelling: according to the current price list and § 3.1
c) Travel by private car: EUR 0.51 per km plus statutory VAT, or according to receipts.
3. Other costs not included in the quotation—such as courier or transport costs, colour copies, or printouts requested separately by the Client—will be invoiced with an additional handling fee of 16 % on the net amount of the third-party invoices.
1. AM BALL is liable only for intent and gross negligence in accordance with statutory provisions.
2. In cases of slight negligence, AM BALL and its agents are liable only for breach of a material contractual duty (an obligation essential for proper performance of the contract and on which the Client regularly relies).
3. In such cases, liability is limited to foreseeable, typical damage and capped at three times the contract value.
4. Warranty claims for defects expire 12 months after completion or acceptance of the respective order.
5. The above limitations do not apply in cases of fraudulent intent, absence of warranted characteristics, injury to life, body, or health, legal defects, or mandatory liability under the German Product Liability Act.
6. The Client may not claim damages resulting from AM BALL’s rescission due to unintentional errors, typographical mistakes, or transmission errors that entitle AM BALL to withdraw.
7. The burden of proof lies with the Client unless the circumstances originate from AM BALL’s sphere of responsibility.
1. Acceptance is governed by statutory provisions. Use or distribution of the Work Result, or full payment of the final invoice, constitutes acceptance.
2. Acceptance is deemed granted if not declared or refused within seven days of delivery, provided the Work Result substantially conforms to the agreement. If material deviations exist, AM BALL will correct them within a reasonable period and resubmit the Work Result for acceptance. At the latest, publication or use shall constitute acceptance.
3. The Client must accept the Work Result if it conforms to the Specifications and customary quality standards, even if it deviates at the Client’s own request. Returns for reasons of personal taste are excluded.
4. Complaints must be submitted in writing within seven days of delivery. Later objections will not be considered.
If AM BALL considers it necessary to obtain usage or exploitation rights (e.g., photo, film, copyright, or GEMA rights) or third-party permissions (e.g., personality rights) for creation or implementation of the Work Result, AM BALL will inform the Client. Upon the Client’s approval and instruction, AM BALL will obtain such permissions in the Client’s name and at its expense. A handling fee of 16 % on the net invoice value will be charged. Unless otherwise agreed in writing, rights will be obtained only to the extent necessary in time, territory, and scope for the intended advertising measure. Subsequent claims under Sections 32 and 32a of the German Copyright Act (UrhG) shall be borne by the Client.
1. Only after full payment does the Client acquire the usage rights necessary for the contractual purpose in the Work Results created by AM BALL. These rights are granted for an unlimited period.
2. Ownership of produced items (e.g., promotional goods) likewise transfers to the Client only after full payment, regardless of whether delivery has occurred.
3. Unless otherwise agreed in writing, usage rights are limited to Germany, Austria, and Switzerland, as well as online use, and exclude paid media (e.g., social ads), TV, and cinema usage.
4. Any editing or modification of AM BALL’s Work Results requires prior approval by AM BALL.
5. Transfer or licensing of acquired rights to third parties outside the project’s purpose requires AM BALL’s prior written consent.
6. AM BALL may use the Work Results created within the order for self-promotion, including on its website and marketing materials, unless the Client objects in writing at the time of order placement.
7. All rights in rejected or unused drafts, concepts, or media formats remain with AM BALL, including non-copyrightable services.
If the Client becomes insolvent or insolvency proceedings are filed against its assets, AM BALL may terminate the contract immediately for good cause.
1. Unless otherwise agreed, payment is due within 14 days of the invoice date without deduction.
2. All prices are net and exclusive of statutory VAT. Customs, duties, and any additional fees, including those related to the German Artists’ Social Security Contribution, shall be borne by the Client, even if subsequently levied.
3. Fees charged by AM BALL may be subject to contributions under Section 24 of the German Artists’ Social Security Act (KSVG). The Client is informed that such contributions may apply for creative or conceptual services and are solely responsible for reporting and paying these to the Artists’ Social Security Fund (KSK). The Client may not deduct these contributions from AM BALL’s invoice.
4. The Client’s right to reclaim advances paid expires two years after AM BALL’s receipt of payment.
5. AM BALL may request reasonable progress or advance payments at any time.
Items produced by AM BALL as part of an order cannot be returned.
1. The Client may offset claims against AM BALL only if such claims are undisputed or legally established.
2. The Client may exercise a right of retention only in cases of undisputed or legally established claims.
1. Notwithstanding Sections 438 (1) No. 3 and 634a BGB, the limitation period for claims arising from material or legal defects is one year from delivery or, if acceptance is required, from acceptance, unless mandatory statutory provisions stipulate otherwise.
2. These limitation periods also apply to contractual and non-contractual damage claims based on defects, unless applying the regular statutory limitation (Sections 195 and 199 BGB) would result in a shorter period.
1. The exclusive place of jurisdiction for all disputes between AM BALL and Clients who are merchants is Munich, Germany, to the extent legally permissible.
2. Only the law of the Federal Republic of Germany shall apply, excluding private international law and the UN Convention on the International Sale of Goods (CISG). Ownership-reservation effects are governed by the law of the item’s location if the chosen German law is invalid or ineffective.
3 Place of performance for both parties is Munich, Germany.
4. The contractual language is German. In the event of conflict, the German version of these GTC shall prevail over any translation.
1. Should any provision of these GTC or the underlying contract be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.
2. The invalid or unenforceable provision shall be replaced by a valid and enforceable one that most closely reflects the economic intent of the original provision.
3. The same shall apply to any contractual gaps.
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Note: This English version is provided for convenience only. In case of discrepancies between the English and the German version, the German version shall prevail.
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