Scope of Application

These General Terms and Conditions apply to all contracts between Amar Mahmuthodzic, Video Marketing Agency, Marktplatz 10, 87616 Marktoberdorf, Germany, operating under the business name Smithy Content (hereinafter referred to as “Smithy Content”), and its clients.

The services of Smithy Content are directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Contracts with consumers are not concluded. Deviating terms and conditions of the client shall not apply unless Smithy Content expressly agrees to their validity in writing.

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Subject Matter of the Contract

The subject of the contract is the provision of individual video and motion design services. These include, in particular, concept development, scriptwriting, design, animation, and the production of video formats for marketing, communication, and training purposes.

The specific scope of services is defined in the respective offer or individual agreement.

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Conclusion of Contract

A contract is concluded when the client accepts an offer from Smithy Content in writing or in text form, or expressly confirms the engagement.

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Remuneration and Payment Terms

For individual projects, invoicing is structured as follows:

Fifty percent (50%) of the agreed remuneration is due prior to the start of the project. The project will commence only after receipt of this advance payment.

The remaining fifty percent (50%) is due upon delivery of the final work.

Invoices are payable within 14 calendar days from the invoice date without deduction. Smithy Content is entitled to suspend performance until full payment has been received.

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Client’s Obligations to Cooperate

The client undertakes to provide all information, content, and approvals necessary for the performance of the services in a timely manner.

Delays resulting from late cooperation shall extend agreed deadlines accordingly.

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Revisions

Revisions shall be carried out within the agreed scope. The basis for this shall be the service parameters defined in the offer or contract.

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Usage Rights

Usage rights to the produced videos shall only be transferred upon full payment of the agreed remuneration.

Unless otherwise agreed, the client receives a non-exclusive, unlimited in time and territory right of use for the agreed purpose.

Transfer, sublicensing, or resale to third parties is not permitted.

Smithy Content is entitled to use the created work for reference and portfolio purposes.

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Right of Withdrawal

There is no right of withdrawal, as Smithy Content exclusively provides individual services to entrepreneurs.

The client expressly agrees that Smithy Content begins performing the service before full completion of the service. The client acknowledges that once performance has begun, no right of withdrawal exists.

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Liability

Smithy Content shall only be liable for damages resulting from intentional or grossly negligent breach of duty.

Liability for loss of profit, unsuccessful marketing or sales results, data loss, or other indirect damages is excluded.

Smithy Content assumes no liability for content provided by the client.

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Liability for External Links

This website may contain links to external third-party websites. Smithy Content has no influence over their content and therefore assumes no responsibility for such external content.

At the time of linking, no unlawful content was identifiable. Permanent monitoring of linked pages is not reasonable without concrete evidence of a legal violation.

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Copyright

Content created by Smithy Content is subject to copyright law.

Reproduction, editing, distribution, or any type of use beyond the contractually granted usage rights requires the prior written consent of the respective author.

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Final Provisions

The law of the Federal Republic of Germany shall apply.

To the extent legally permissible, the place of jurisdiction is the registered office of Smithy Content.

Should any provision of these General Terms and Conditions be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.