Terms of Service

§ 1 subject of the contract / conclusion of contract

 

(1) The moderator & spokesman Thomas Sauermann, Körtestr. 36, 10967 Berlin (hereinafter: "Provider") offers customers the option of voice-over texts and the purchase of finished audio files (in order to simplify and without discriminatory intent regarding gender: "Customer").

 

(2) Posting of texts for speaking

 

The customer enters the requested data in the form, confirms the terms and conditions and the instruction on the right of withdrawal by ticking the box, and submits a binding offer to the provider by clicking on the "Book Now" button. The customer then receives an automatic receipt email when the order is received. However, the contract is only concluded when the provider confirms the customer's order in a separate email (order confirmation).

 

(3) Purchase of finished voice recordings

 

The customer can select a voice recording and add it to the shopping cart. The contract is concluded when the booking process is completed on the website and you click the "Buy Now [A1]" button. The customer receives an order confirmation by email.

 

(4) Recordings for use on television and / or radio

 

If recordings are intended for use on radio and / or television, the provider must be informed of this beforehand. In this case, booking / ordering is only possible via an individual request to the provider. The provider then submits an individual offer to the customer, which the customer can accept by e-mail.

 

(5) With regard to the scope of the services offered, reference is made to the respective service description on the website.

 

(6) The customer is a consumer within the meaning of § 13 BGB, insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is, according to § 14 BGB, any natural or legal person or legal partnership that acts in the course of the contract in the exercise of its commercial or independent professional activity.

(7) The contract is concluded in German or English. The text of the contract is saved in compliance with data protection regulations.

 

 

§ 2 Special regulations when speaking texts

 

(1) The customer receives the voice recording in a common audio format. They are made available digitally (e.g. by email or by providing a link for download). If the customer explicitly wishes to be sent to data carrier by post, the customer bears the resulting costs for shipping and data carrier. The customer bears the shipping risk if he is an entrepreneur.

 

(2) The customer is responsible for having suitable playback software ready that can play the audio file.

 

(3) The provider is fundamentally free with regard to the emphasis, the manner of speaking and the speed of speaking, provided the customer does not make any specifications.

 

(4) For texts that violate applicable laws (e.g. insults, racist statements), the provider rejects the order and reserves the right to claim damages from the customer.

§ 3 Special regulations for the purchase of finished voice recordings

(1) The sound is made available to the customer in a common audio format. The customer is responsible for the appropriate playback software.

(2) The legal regulations for warranty apply. The guarantee for entrepreneurs is reduced to 12 months.

(3) It is prohibited to save voice recordings from the website of the provider if they are not purchased. The customer can sample the recordings.

 

§ 4 delivery time

(1) The customer can choose a delivery time when ordering. The delivery time is only binding when the provider has accepted the customer's offer.

 

(2) In the event of force majeure, the delivery time may be extended. This does not result in a claim for damages by the customer.

 

§ 5 copyright of the provider

 

(1) The copyrights on all recordings made available and made available remain with the provider. The customer is granted an unlimited right of use. The customer must purchase a license to use it for online advertising. The customer can select this license in the order form. Use on radio and television requires the express prior consent of the provider and requires an individual agreement between the parties.

 

(2) The granting of rights of use by the provider is subject to the condition precedent of full payment of the purchase price.

 

(3) In the event of a violation of paragraph 1, the customer undertakes to pay a contractual penalty to be determined by the provider at its reasonable discretion and, in the event of a dispute, to be checked by the competent court.

 

 

§ 6 remuneration and payment processing

(1) The prices stated on the website and in the provider's offers apply at the time the contract is concluded. Unless otherwise stated, the prices include VAT. The provider bears PayPal fees.

 

(2) Payment by the customer is made using the payment methods offered on the website or specified by the provider. If the customer's account is insufficiently covered, the resulting fees will be charged to the customer.

 

(3) The following applies to payment on account: If the customer is in arrears with the payment, the provider is entitled to demand default interest in accordance with the statutory provisions. The customer is already in default if the payment date is missed. In this case, he has to pay the provider default interest of 5 percentage points above the base rate for the year. If the customer is an entrepreneur, the default interest is 9 percentage points above the base rate.

 

(4) The provider reserves the right to request payment in advance. In this case, the customer will be informed of this before the order confirmation.

 

(5) The customer's obligation to pay default interest does not preclude the provider from asserting further default damages. The customer reserves the right to prove less damage to the provider.

 

(6) If the customer is in arrears with a payment, the provider is entitled to withdraw from the contract.

 

§ 7 rights of third parties

 

(1) If the customer provides the provider with content - in particular texts - for the provision of the services, the customer assures that he has all the necessary rights to this content. If the provider is used by third parties because of infringement of property rights, the customer releases the provider from third party claims.

 

(2) The provider is entitled to use brands and other protected content of the customer if this is necessary to fulfill the order.

 

 

§ 8 reference

The provider is entitled to provide the customer on the website and in social networks free of charge as a reference, unless expressly agreed otherwise and provided the customer is an entrepreneur.

§ 9 confidentiality

 

(1) “Confidential information” is all information, files and documents relating to the other party's business transactions that become known to the other party.

 

(2) Both parties undertake to keep confidential information concerning the other party and to use it only for the execution of this contract and the purpose pursued.

 

(3) Both parties undertake to impose the confidentiality obligation on all employees and / or third parties who have access to the aforementioned business transactions.

 

(4) The duty of confidentiality according to paragraph 2 does not apply to information

a) that were known to the other party when the contract was concluded,

b) which had already been published by the respective party at the time of disclosure, without this resulting from a breach of confidentiality by the other party,

c) which the other party has expressly approved in writing for disclosure,

d) which the other party has received from other sources, legally and without restriction regarding confidentiality, provided that the disclosure and exploitation of this confidential information does not violate contractual agreements, statutory provisions or official orders,

e) which the other party developed itself without access to the confidential information of the client,

f) which have to be disclosed due to legal information, information and / or publication obligations or official orders.

 

 

§ 10 liability

 

(1) Claims by the customer for damages are excluded. This does not include claims for damages by the customer from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

 

(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless the customer is entitled to compensation for damage to life, limb or health.

 

(3) The provider does not owe any particular success. In particular, the provider does not guarantee that the advertising effect desired by the customer will occur.

 

(4) The limitations of liability also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

§ 11 data protection

 

(1) The customer agrees to the storage of personal data in the context of the business relationship with the provider, taking into account data protection laws, in particular the BDSG and the GDPR. Data will not be passed on to third parties unless this is necessary for the execution of the contract or the customer's consent.

 

(2) Insofar as the customer transmits personal data from third parties, the latter ensures that the consent of the third parties has been obtained. The customer releases the provider from any third party claims in this regard.

 

(3) The rights of the customer or the person affected by data processing arise in particular from the following standards of the GDPR:

Article 7 Paragraph 3 - Right to withdraw consent under data protection law

Article 15 - Right of information of the data subject, right to confirmation and to provide a copy of the personal data

Article 16 - Right to rectification

Article 17 - Right to erasure ("right to be forgotten")

Article 18 - Right to restriction of processing

Article 20 - Right to data portability

Article 21 - Right to object

Article 22 - Right not to be subject to a decision based solely on automated processing, including profiling

Article 77 - Right to lodge a complaint with a supervisory authority

 

(4) To exercise the rights, the customer or the person concerned is asked to contact the provider by email or, in the event of a complaint, the responsible supervisory authority.

 

(5) Reference is made to the data protection declaration on the website of the provider.

 

 

§ 12 dispute settlement

 

(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:

https://ec.europa.eu/consumers/odr/

 

(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

 

 

§ 13 Place of jurisdiction and applicable law

 

(1) The business relationships between the provider and the customer are subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer is a habitual resident, remain unaffected.

 

(2) Place of jurisdiction and place of performance is the registered office of the provider in Berlin, insofar as the customer is a merchant within the meaning of the German Commercial Code (HGB) or a legal entity under public law or a special fund under public law. The same applies if the customer has no general place of jurisdiction in Germany or if his place of residence or habitual residence is not known at the time the lawsuit is filed.

 

 

§ 14 Scope of the General Terms and Conditions and changes

 

(1) By concluding the contract, the customer agrees to the general terms and conditions.

 

(2) Any terms and conditions of the customer will not be accepted without written confirmation from the provider.

 

(3) The general terms and conditions can be changed by the provider with effect for the future.

 

 

§ 15 Severability clause

 

(1) Should any provision of these general terms and conditions be or become ineffective, the validity of the general terms and conditions will not be affected. Instead of the ineffective clause, a clause should come that comes as close as possible to the will of the parties within the limits of what is legally possible. The same applies in the event of a loophole.

 

(2) In the event of deviations between the German and English versions, the German version takes precedence.

 

As of July 2020