as of: 1st January 2024

1 General

The following delivery and business conditions, hereinafter referred to as General Terms and Conditions, apply to all orders placed by the company Blink Media be granted. “Blink Media“ includes all employees of Blink Media, freelancers and others, on behalf of Blink Media acting and working people. They are deemed to have been agreed if they are not immediately contradicted.

“Photographs” within the meaning of these terms and conditions are all from Blink Media manufactured products, regardless of the technical form or medium in which they were created or exist. (Negatives, slide positives, paper images, still videos, electronic still images in digitized form, videos, GIF animations, etc.).

All thoughts and suggestions documented and shown in presentations, concepts, emails or telephone calls are the intellectual property of Blink Media and are subject to applicable copyright laws. Unauthorized use, full or partial reproduction, and any distribution to third parties is expressly prohibited.

The order is placed in written, oral, telephone or electronic form by accepting the offer. Blink Media will carry out the assigned order carefully. Blink Media is authorized to have the order partially carried out by third parties (laboratories, printing companies, production partners). Unless the client provides written instructions, Blink Media with regard to the manner in which the order is carried out.

2 Copyright

Blink Media is entitled to the copyright to the photographs and created concepts in accordance with the copyright law.

The Blink Media photographs produced are generally only intended for the client’s own use.

The transmits Blink Media Rights of use to his works are – unless expressly agreed otherwise – only the simple right of use is transferred. A transfer of usage rights requires a special agreement.

The rights of use are only transferred to the user after the fee has been paid in full Blink Media.

The purchaser of a picture in the sense of §60 UrhG has no right to reproduce and distribute the photograph unless the corresponding usage rights have been transferred. §60 UrhG is expressly waived.

Blink Media is – unless there is an express written agreement to the contrary – entitled to use the photographs produced as part of the order to advertise its activities within the meaning of Section 31 Paragraph 3 Sentence 2 of the Copyright Act. The client grants Blink Media his express and irrevocable consent to the publication, reproduction and distribution of the photographs for advertising purposes on websites and social media profiles (Linkedin, Facebook, Instagram, TikTok, YouTube, etc.). Blink Media and the associated creator profiles. The client assures that the people depicted in the photographs are authorized to publish, reproduce and distribute the photographs Blink Media have consented to the aforementioned purposes and media. For third-party claims for compensation that are based on a lack of this consent Blink Media fully released from liability by the client.

When using the photographs Blink Media – unless otherwise agreed – to be named as the author of each photograph. This applies in particular to photographic products in the online, print and social media sectors. Blink Media must be named and linked in the image description of the respective posting as follows: Photo: Name of the photographer | media-blink.com. A violation of the right to attribution entitles the Blink Media for compensation.

The negatives and raw data remain Blink Media. The negatives will only be released to the client if there is a separate agreement.

3 Compensation/retention of title

For the production of the photographs, a fee is charged as an hourly rate, daily rate or agreed flat rate plus VAT; Additional costs (travel costs, model fees, expenses, props, laboratory and material costs, studio rent, etc.) must also be borne by the client.

From Blink Media Contracted freelancers, models, image editors, etc. may fall under the statutory artists’ social insurance (KSV) according to the Artists’ Social Insurance Act KSVG §§24/25. The artists’ social security contribution (KSA) is based on the net fee and is set annually by the KSV. The client bears this fee, which is due Blink Media must be discharged.

Blink Media reserves the right to demand an advance payment of 100% of the amount confirmed in the offer before 7 (in words: seven) days before the start of the order if this is required for technical production reasons (costs for creation, advance payment for production partners, travel costs, location rental, etc.).

The fee shown on the invoice is due immediately without deductions. The client is in default if he does not pay the fee due no later than 14 (in words: fourteen) days after receipt of the invoice or equivalent request for payment. Blink Media reserves the right to bring about the default by issuing a reminder at an earlier point in time after the due date.

Until the fee has been paid in full, the photographs and creative products delivered remain the property of Blink Media.

If no express instructions have been given regarding the design of the photographs, complaints regarding the image design and the artistic and technical design are excluded. If the client wishes to make changes during or after recording production, he must bear the additional costs. Blink Media retains the right to compensation for work that has already begun.

All daily rates for employees listed in the offer refer to a maximum of 10 working hours. In addition, hours worked will be charged at an hourly rate of 150 euros per hour per person.

4 Liability

We are liable for breaches of obligations that are not directly related to essential contractual obligations Blink Media for himself and his vicarious agents only in cases of intent and gross negligence. Blink Media is also liable for damages resulting from injury to life, body or health as well as from the breach of essential contractual obligations that he or his vicarious agents have caused through culpable breaches of duty. Liable for damage to recording objects, templates, films, displays, layouts, negatives or data Blink Media – unless otherwise agreed – only in cases of intent and gross negligence.

Unless otherwise agreed in writing, storage of digital files is not part of the order. Blink Media is entitled, but not obliged, to destroy retained negatives/raw data after two years since the end of the order.

Blink Media is only liable for the lightfastness and durability of the photographs within the scope of the guarantee provided by the manufacturer of the photographic or storage material.

The sending and return of films, images and templates takes place at the expense and risk of the client. The client can determine how and by whom the return is made.

The client provides Blink Media against all third-party claims that arise from a violation of the information obligations according to Art. 13-15 GDPR in the context of the event or the order by the organizer.

The organization, scheduling, allocation and execution of bookings are carried out with great care. However, if due to special circumstances, such as sudden illness, accident, environmental influences, traffic disruptions, force majeure, Blink Media If you do not appear at the agreed production date or arrive late, no liability will be accepted for any resulting damage, loss or consequences. If there is a cancellation due to force majeure or illness, we will make every effort Blink Media (if requested by the customer) but as best as possible for a replacement. There is no claim that a replacement can be found. The (deposit) payments made up to that point will be reimbursed to the client immediately. We are not liable for additional costs incurred by booking third parties (photographers, cameramen, etc.).

5 additional duties

The client assures that he is at all Blink Media The templates submitted have the right to reproduce and distribute and, in the case of portraits of people, the consent of the people depicted to publication, reproduction and distribution. The client is responsible for third-party claims for compensation based on a breach of this obligation.

The client undertakes to make the recording objects available in a timely manner and to collect them again immediately after recording. If the client does not collect the objects after being requested to do so within two working days at the latest, this is the case Blink Media is entitled to charge storage costs if necessary or, if his studio space is blocked, to relocate the items at the client’s expense. Transport and storage costs are borne by the client. 

6 Disruption of performance, loss fee

Leaves Blink Media If the client has several photographs to choose from, the client must return the unselected photographs within one week of receipt – unless a longer period has been agreed – at his own expense and risk. Lost or damaged photographs may be incurred Blink MediaIf he is not responsible for the loss or damage, demand payment. The same applies if Blink Media provides the client with the photographs on a storage medium.

Leaves Blink Media If the client receives images from his archive, the client must return the unselected images within one month of receipt by the client and the selected images within one month of use. If the client defaults on the return shipment, Blink Media demands a blocking fee of 1 (in words: one) euro per day and image, unless the client proves that no damage occurred or that it is lower than the flat rate damage fee. In the event of loss or damage that precludes further use of the images Blink Media demands compensation. The compensation amounts to at least 1000 (in words: one thousand) euros for each original and 200 (in words: two hundred) euros for each duplicate, unless the client proves that no damage occurred or that it was lower than the flat rate compensation. The photographer reserves the right to claim higher damages.

If the requirements/framework conditions agreed in writing or verbally for the execution of the order, such as production containers, high-speed WIFI connection, assistants/actors/models/freelancers provided by the client, accreditation requirements (Access All Areas), transit permits, are not met or made available provided, reserves Blink Media decided not to carry out the order. The scope of services confirmed in the offer will in any case be provided by Blink Media calculated.

If the time allotted for the execution of the order is exceeded for reasons that: Blink Media is not responsible, the fee increases by Blink Media and that of Blink Media appointed vicarious agents accordingly. If a time fee has been agreed, you will receive Blink Media the agreed hourly or daily rate also for the waiting time, unless the client proves that Blink Media no damage was caused. In the event of intent or negligence on the part of the client Blink Media also assert claims for damages.

Delivery dates for photographs are only binding if they are expressly agreed by Blink Media have been confirmed. Blink Media is only liable for exceeding the deadline in the event of intent or gross negligence.

If the client cancels production up to 14 days before the start of the order, Blink Media makes a claim for damages amounting to 50% of the service. If a cancellation occurs within 14 days before the start of the order, the reserves the right Blink Media to invoice the full scope of the service. 

7 Data protection

The client and Blink Media undertake to treat all information and data that they receive from the other contractual partner in connection with the execution of the order confidentially and to only make it accessible to third parties to the extent necessary to provide the agreed services. This applies in particular to price lists and contracts. This obligation also applies after the end of the order.

The client’s personal data required for business transactions can be stored. Blink Media undertakes to treat all information that becomes known to him as part of the order confidentially.

Deletion or blocking of data: Blink Media adheres to the principles of data avoidance and data economy. The personal data will therefore only be stored for as long as necessary or as required by the various storage periods provided by law. Once the respective purpose no longer applies or these deadlines have expired, the relevant data will be blocked or deleted routinely and in accordance with legal regulations.

Right to information, correction, blocking, deletion and objection: The client has the right to receive information about your personal data stored by us at any time. The client also has the right to correct, block or, apart from the required data storage for business transactions, delete your personal data. The client can contact the data protection officer (info@media-blink.com) in this regard Blink Media turn around.

So that a blocking of data can be taken into account at any time, this data must be kept in a blocking file for control purposes. The client can also request the deletion of the data, provided there is no legal archiving obligation. If such an obligation exists, we will block your data upon request.

The client can make changes or revoke consent by sending a corresponding message Blink Media with effect for the future.

Changes to our privacy policy: Blink Media reserves the right to occasionally adapt the data protection declaration so that it always complies with current legal requirements or to implement changes to our services in the data protection declaration, e.g. when introducing new services. In the event of renewed communication, renewed offers, negotiations and orders, the new data protection declaration then applies.

8 Digital Photography

The digitization, storage and reproduction of photographs on Blink Media on data carriers of all kinds requires the prior written consent of Blink Media.

The transfer of usage rights does not include the right to storage and reproduction unless this right has been expressly transferred.

9 Image editing/POST PRODUCTION

The processing of photographs, video products or creative concepts Blink Media and their reproduction and distribution, analogue or digital, requires the prior consent of Blink Media. The authors of the works used and the author of the new work are co-authors within the meaning of §8UrhG.

The client is obliged to store and copy the photographer’s photographs digitally in such a way that the name of the author (Blink Media) is electronically linked to the image data.

The client is obliged to carry out this electronic link in such a way that it is retained during every type of data transmission, every display on screens, all types of projections, especially every public display and Blink Media can be clearly and unambiguously identified as the author of the images.

The client assures that he is entitled to Blink Media to commission the electronic processing of third-party photographs if he places such an order. Created Blink Media indemnified from all claims by third parties based on the breach of this obligation.

After delivery, the client must immediately check the services provided for defects and communicate in writing (e.g. by email) what specific reasons, if any, prevent acceptance. The change requests must be specifically displayed in the moving image with timecode. Unless otherwise stated in writing, the client is granted one change loop for each piece of content. The free change loop includes the change of individual (maximum 10) layplans. If there is a change to the music title, the basic idea/storyline or intention of the content piece, this will be carried out after hours have begun at the current daily rate for the project. If no declaration is made immediately to the contact person named in the offer Blink Media, the service is deemed to have been accepted.

10 Use and Distribution

The distribution of photographs of Blink Media on the Internet and in intranets, in online databases, in electronic archives that are not only intended for the client’s internal use, on diskettes, CD-ROMs or similar data carriers is only possible on the basis of a special agreement between Blink Media and permitted to the client.

The distribution of digitized photographs on the Internet and intranets and on data carriers and devices that are suitable for public display on screens or for the production of soft and hard copies requires the prior written consent of Blink Media.

The reproduction and distribution of derivative works Blink Media made electronically, require the prior written consent of Blink Media.

Blink Media is not obliged to hand over data carriers, files and data to the client unless this has been expressly agreed in writing.

Does the client want that? Blink Media If the customer makes storage media, files and data available to him, this must be agreed upon and paid for separately.

Has Blink Media If data carriers, files and data are made available to the client, these may only be provided with the prior consent of Blink Media to be changed.

The risk and costs of transporting data carriers, files and data online and offline lie with the client; The contractor can determine the method of transmission. 

11 Final provisions

The place of fulfillment for all obligations arising from the contractual relationship is the registered office of Blink Media (Nuremberg) if the contractual partner is not a consumer. If both contracting parties are merchants, legal entities under public law or a special fund under public law, the place of business is Blink Media (Nuremberg) agreed as the place of jurisdiction.