General Terms and Conditions
§ 1 Scope of application
- These Terms and Conditions apply to all services provided by busy beats - a division of noisy Musicworld GmbH - (‘busy beats’ in the following).
- Our terms and conditions apply exclusively. We do not recognise any conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing. Our Terms and Conditions shall also apply if we provide services to the customer without reservations in the knowledge that the customer's terms and conditions conflict with or deviate from our terms and conditions.
§ 2 Changes to the contract
- Amendments or additions to the contract shall be made in writing and are subject to the provisions of paragraph
- Services not agreed in the contract shall be invoiced to the customer at the usual remuneration rates in addition to the agreed remuneration if they are
- provided at the subsequent request of the customer, or
- are caused by incorrect or inaccurate information provided by the customer, by faultless transport delays, or by services provided in advance by third parties which are not on schedule or executed properly, insofar as these are not vicarious agents/subcontractors of busy beats.
§ 3 Withdrawal from the contract
- The customer can withdraw from the contract by declaration in writing, but must then pay appropriate compensation. In the event of a cancellation, the amount of the fee shall be
- 25 % up to twelve weeks before the start of the event,
- 50 % less than twelve but at least eight weeks before the start of the event,
- 80 % less than eight weeks but at least two weeks before the start of the event,
- 90 % less than two weeks but more than two days before the start of the event and
- 100 % within the last two days before and after the start of the event.
- busy beats is entitled to withdraw from the contract, if service providers commissioned by busy beats do not fulfil their contractual obligations for reasons that busy beats is not responsible for.
§ 4 Terms of payment
At the conclusion of the contract 50 % of the agreed remuneration is due immediately against invoice and has to be transferred to busy beats.
A further 25% must be paid up to 14 days before the start of the event.
The remaining 25% must be transferred within 14 days of sending the final invoice.
§ 5 Liability
busy beats’ liability for contractual breaches of duty as well as for violations is limited to those carried out with wilful intent and gross negligence. It is also limited to compensation for typically arising damage.
This does not apply to injury to life, limb and health, claims based on the breach of cardinal obligations (i.e. obligations arising from the nature of the contract and the breach of which endangers the achievement of the contract’s purpose) and compensation for damages caused by any delay. In this respect busy beats is liable for every degree of fault.
As far as damage is concerned which does not result from injury to life, limb and health, we shall only be liable for typically occurring damage.
§ 6 Copyright
Usage rights protected by copyright are NOT part of the contractual service of ‘busy beats’. Consequently, the customer does not acquire any copyrighted rights of use to the contractual service. The use of the contractual service without authorisation is therefore only permissible within the scope of the legally permitted scope of use (e.g. § 53 Copyright Act: ‘Reproductions for private and other personal use’).
The customer is expressly informed that the reproduction and public sharing of music via the Internet, in particular via the company homepage or ‘sharing’ via social networks such as Facebook, Instagram, etc., is not deemed ‘private use’ without permission and therefore requires the authorisation of the copyright owner (authors, composers, their music publishers or copyright collecting associations such as GEMA).
A redesign (in particular drafting new lyrics) for existing pieces of music is basically a processing subject to approval within the meaning of § 23 UrhG, which may only be published or edited with the approval of the original authorised person. If necessary, the customer must obtain the corresponding approvals from the original authorised persons in advance.
§ 7 Prohibition of direct business, contractual penalty
- The customer is not permitted to conduct direct business with employees of busy beats or with other persons tasked by busy beats in the context of implementing the order. This prohibition is valid from the conclusion of the contract until one year after the complete performance of the services by busy beats.
- Per offence by the customer, busy beats is entitled to a commission penalty in the amount of 30% of the remuneration agreed upon by the customer. In this respect, busy beats is correspondingly entitled to information.
- A minimum contractual penalty in the amount of 5000 € is to be paid for each violation. If the infringement leads to the employment of one or more persons for a period of more than five days, a further contractual penalty in the amount of 1000 € must be paid. The contractual penalty shall be set off against any brokerage commission as per paragraph 2.
§ 8 Severability clause
Should one or more provisions be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties are obliged to replace the ineffective clause with one that comes as close as possible to the ineffective clause and is valid.
§ 9 Applicable law, place of jurisdiction
- The law of the Federal Republic of Germany shall apply to this contract. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be the competent court in Berlin.
For copyright reasons, the song developed within the framework of the Team Building event is expressly intended for private, personal use only by the team members and may not be used outside the Team Building event.
The recordings may not be published and in particular may not be distributed via social media or the company’s homepage.