§1 Validity
(1) These conditions of contract apply exclusively towards companies, legal persons of public law or separate assets under public law. Conflicting or dissenting terms to this contract will only be accepted by Phi Prod., if an explicit written consent is provided by Phi Prod.
(2) These conditions of contract are valid for all future businesses with the customer as far as it is a matter of legal transaction and related to the services provided by Phi Prod.

§ 2 Payment and reservation of title
(1) Invoices must be settled after receipt without any deduction. A discount is only granted if a written corresponding agreement for the individual case has been made.
(2) The costs for all services provided by Phi Prod. are subject to the amount stated in the order confirmation plus the respective VAT. In case the fixed price is undetermined, adequate changes in price are reserved, particularly with regard to increased expenditure of time, increased expenditure of material or other creation costs. Not included within this charge is (if not stated explicitly): foreign language versions, travel expenses and if necessary required rights/licences like GEMA or publishing fees, etc.
(3) The following terms of payment / modalities are regarded as agreed: 1/3 of final payment on signing of the contract 1/3 of final payment on commencement of work 1/3 of final payment on completion of production and acceptance of customer The customer can only charge up if legal detected requirements occur and can only claim the right of retention due to requirements of the existing contract. On delay of payment, essential reduction of assets, bankruptcy or opening an insolvency proceeding in the name of the customer Phi Prod. can terminate the contract at any time.
(4) All deliveries and services remain property of Phi Prod. until complete settlement of invoices.

§ 3 Duties of the customer
(1) The customer is obligated to support the production purpose with all available resources. He nominates a person in written form who is appropriate and responsible for the whole production. This person is formally authorised to execute a legal declaration to the following cases: Expansion of production, changes of production purposes as well as production time with the subsequent additional costs. This person is moreover responsible for timely and proper supply of the services and duties which the customer adopts for the production time.
(2) The customer ensures that the information he submits is correct and complete. Phi Prod. can not be held liable to any party for any errors on any medium after the customer has agreed in writing that the content is correct and accurate
(3) The customer is committed to check all sent layouts in order to verify drafts, suggestions and intermediary results as well as contained errors or change requests and report this promptly to Phi Prod. The customer is also committed to approve the services provided by Phi Prod. Should the customer have cause to make any complaint about service or programmes the complaint must put in writing and will be acknowledged by Phi Prod. If the customer is a tradesman and fails to make an immediate complaint, the service is approved in consideration of the complaint.
(4) All committed documentation in addition to the contract is reserved to Phi Prod. property and intellectual property rights, particularly with regard to graphics, pictures, concepts and video / audio data. If a third party wants to gain access to this documentation Phi Prod. must agree in written form.
(5) Phi Prod. reserves the right to refuse to use, publish or broadcast any information it considers obscene or morally unsuitable or which would breach copyrights, or which is libellous, defamatory or illegal. Phi Prod. can not be held liable for loss or damage caused as a result of third party documentation, action or failure.
(6) Unless otherwise agreed the business address and internet page of Phi Prod. is stated in the credits of each video production.

§ 4 Inclusion in third party offers
As far as the offer provided by Phi Prod. includes the integration or linking of generated video or graphical material in internet pages / platforms of a third party as a part of the accomplishment. Phi Prod. owes only the accomplishment which is technically and legally possible. Phi Prod. is not liable for changes or re-setting on the part of any third parties. If necessary, Phi Prod. will propose an adequate alternative towards the customer.
§ 5 Approval
(1) As far as the customer wishes to have a deed approval or as far as an agreed approval date falls through by default of the customer, the contractual accomplishment is accepted by the customer when using the video material.
(2) Customer contracts may be modified by agreement in writing by approval. If a project requires additional content this is, in effect, a contract change. An amendment will be made to the original contract and, once approved, becomes contractually binding. Changes will be made without additional charge as far as the changes were not noticeable during production time. Changes caused by the customer, e.g. text changes or integration of video material, will be charged additionally to the customer. Changes will be carried out at short notice by Phi Prod. and must be approved by the customer in another presentation. Each further change will be charged extra. Technical claims or complaints must be made in writing immediately, at the latest after 2 weeks of receipt of material. If necessary, the customer is obligated to send the rejected material at short notice. If the claim receives Phi Prod. in time and the technical measurement is legitimate, Phi Prod. is obligated to correct the claim, as far as it is technically possible. If the amendment fails, the customer has the right to reduce the payment.

§ 6 Liability and guarantee
(1) The liability is unaffected if a gross carelessness is on hand. These comply with statutory provisions.
(2) If a simple carelessness occurs, Phi Prod. is only liable when a considerable contractual obligation is infringed. In this case the liability is only restricted to the level of the foreseen type of contract.
(3) The liability for all other claims, in particular subsequent claims, collateral claims or loss of profit is excluded.
(4) The client shall provide appropriate security arrangements for any equipment and material. Such arrangements shall be notified to Phi Prod. in writing in advance.

§ 7 Delivery times and deadlines
All delivery times and deadlines will be met best possible. Phi Prod. shall be under no liability if unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by suppliers or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the delivery time will be extended to an according time duration. The customer must accept delivery when available.
§ 8 Miscellaneous
(1) German law shall apply
(2) If the customer is a registered trader, for disputes between the parties to the contract the mutually agreed place of jurisdiction is he domicile of Phi Prod.
(3) Should one of the projecting terms be invalid or should the contract contain a gap which must be regulated between the parties, this will not refer the validity of the other terms of contract. The invalid terms or the gap will be substituted through a settlement which fits the economic aim of both parties.