Terms of service
General Terms and Conditions
1. Scope of Application
1.1 These General Terms and Conditions apply to all contracts between Mert Mutlu, operating under the name “MM Concepts”, Rolandstr. 14, 45881 Gelsenkirchen, Germany, hereinafter referred to as the “Provider”, and its clients regarding the provision of services in the areas of photography, video production, content production, and related creative and strategic services.
1.2 These General Terms and Conditions apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), meaning natural or legal persons or partnerships with legal capacity acting in the exercise of their commercial or self-employed professional activity when concluding the contract. Contracts with consumers within the meaning of Section 13 BGB are excluded.
1.3 Any deviating, conflicting, or supplementary general terms and conditions of the client shall only become part of the contract if the Provider has expressly agreed to their validity in writing.
2. Subject Matter of the Contract
2.1 The subject matter of the contract is the provision of the individually agreed services, in particular the planning, execution, and post-production of photo, video, and other content productions for accommodations, hotels, vacation rentals, apartments, properties, or comparable objects.
2.2 The specific scope of services shall be determined by the respective individual offer, order confirmation, project description, or any other written agreement between the parties.
2.3 Unless expressly agreed otherwise, the Provider does not owe any specific economic success, in particular no specific number of bookings, inquiries, revenues, reach, or conversion values. The Provider owes only the creatively and technically agreed service.
3. Formation of Contract
3.1 The presentation of services on the website, in portfolios, presentations, price overviews, or other documents does not constitute a binding offer, but rather a non-binding invitation to submit an inquiry.
3.2 A contract is concluded as soon as the client accepts an offer from the Provider in writing or in text form, or the Provider confirms the order in writing or in text form. A contract may also be concluded if the parties mutually initiate the start of performance or if the Provider begins performing the service at the client’s express request.
3.3 Unless expressly designated as binding, individual offers are subject to change and non-binding.
4. Prices and Payment Terms
4.1 The prices stated in the respective offer or individual agreement shall apply.
4.2 Unless expressly stated otherwise, all prices are net prices plus the applicable statutory value-added tax. If the Provider applies the small business regulation at the time of conclusion of the contract, this shall be indicated in the offer and/or invoice.
4.3 Unless otherwise agreed, the invoice amount is due immediately upon invoicing without deduction.
4.4 The Provider is entitled to request a reasonable advance payment. Unless otherwise agreed, the Provider may require an advance payment before the start of performance, particularly for production orders with fixed dates, and may make the execution of the project dependent on the timely receipt of such advance payment.
4.5 If the client is in default of payment, the statutory provisions shall apply. In this case, the Provider is entitled to charge default interest at the statutory rate. The assertion of further damages remains unaffected.
4.6 Set-off is only permitted with undisputed or legally established claims. The client may only exercise a right of retention insofar as it is based on the same contractual relationship.
5. Performance of Services and Client’s Duties to Cooperate
5.1 The client is obliged to provide all information, content, access, approvals, contact persons, and other cooperation required for the execution of the project in a timely manner.
5.2 The client must ensure that the Provider has access at the agreed times to the relevant premises, areas, objects, or other production locations and that the performance of the service is not hindered by circumstances within the client’s sphere of responsibility.
5.3 Delays, additional work, or extra costs resulting from the client’s failure to fulfill cooperation obligations, not doing so in time, or not doing so completely, shall be borne by the client. In such cases, the Provider is entitled to reasonably postpone agreed dates and charge separately for additional effort.
5.4 The client is responsible for ensuring that the content, information, premises, products, trademarks, logos, music, designs, or other materials approved by the client do not infringe the rights of third parties. The Provider is not obliged to independently verify the legal permissibility or rights clearance of the content provided or approved by the client.
6. Dates, Postponements, and Cancellations
6.1 Agreed production or performance dates are only binding if they have been expressly confirmed as binding by the Provider.
6.2 If a date cannot be carried out or must be postponed for reasons attributable to the client, the Provider is entitled to invoice the resulting effort as well as any costs already incurred separately.
6.3 In the event of cancellation by the client after conclusion of the contract, the Provider’s claim to remuneration for services already rendered, production times already reserved, preparatory activities, and any external and travel costs already incurred shall remain unaffected.
6.4 Unless the parties have agreed on a separate cancellation arrangement, the Provider may demand reasonable compensation for cancellation if the client cancels after a date has already been reserved and the date cannot be reallocated at short notice.
6.5 Cases of force majeure as well as other unforeseeable, extraordinary circumstances beyond the Provider’s control, in particular illness, official measures, natural events, failures of service providers, or other unavoidable obstacles to performance, entitle the Provider to reasonably postpone agreed dates. The client shall have no claim for damages arising from such postponement.
7. Acceptance, Revisions, and Approvals
7.1 After completion of the agreed service, the Provider shall make the work results available to the client for review and approval.
7.2 Unless expressly agreed otherwise, only the revision rounds or correction loops expressly specified in the offer are included in the price. Any further change requests, additional edits, or subsequent redesigns shall be charged separately.
7.3 The service shall be deemed accepted if the client approves the work results, uses them productively, or does not notify the Provider of material defects in writing within a reasonable period, no later than seven calendar days after provision.
7.4 Minor deviations in style, editing, color grading, framing, perspective, or other creative execution shall not constitute a defect, provided that the agreed service has essentially been rendered.
8. Rights of Use
8.1 All copyrights, related rights, and rights of use to the photos, videos, concepts, raw data, edits, drafts, and other work results created by the Provider shall initially remain with the Provider.
8.2 The client shall receive only those rights of use expressly designated in the respective offer, contract, or individual agreement. The scope, territorial reach, subject matter, duration, and type of use shall be determined exclusively by the contractual agreement.
8.3 Unless otherwise agreed, the client shall receive, upon full payment of the agreed remuneration, a simple, non-transferable right of use for the contractually agreed purposes.
8.4 Use for paid advertisements, in particular on Meta, TikTok, Google, YouTube, or comparable platforms, is only permitted if expressly agreed. The same applies to editing by third parties, transfer to agencies, use beyond the agreed term, and unlimited or exclusive use.
8.5 If a time-limited license has been agreed, the right of use shall automatically expire at the end of the agreed term without requiring separate termination. Any continued use after expiry of the term requires a new written agreement.
8.6 Raw material, open project files, or unedited files are only owed if expressly agreed in writing.
8.7 The Provider is entitled to use the created content for self-promotional purposes, in particular on its own website, in portfolios, presentations, and on social media channels, unless expressly agreed otherwise in writing.
9. Third-Party Rights and Indemnification
9.1 The client warrants that it is authorized to use and approve all content, trademarks, logos, spaces, objects, music, designs, and other materials provided by it, and that the contractual use of such materials does not infringe the rights of third parties.
9.2 The client shall indemnify the Provider against all claims by third parties asserted against the Provider due to any infringement of rights caused by the client or for which the client is responsible, and shall in this context also bear the reasonable costs of legal defense.
10. Liability
10.1 The Provider shall be liable without limitation in cases of intent and gross negligence, in the event of injury to life, body, or health, and in cases of mandatory statutory liability.
10.2 In the event of slightly negligent breach of essential contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract. Essential contractual obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the client may regularly rely.
10.3 Otherwise, the Provider’s liability is excluded.
10.4 In particular, the Provider shall not be liable for the occurrence of specific economic success, the absence of bookings, algorithmic decisions of platforms, changes to platform policies, or the later blocking, rejection, or restriction of advertisements or platform content, insofar as such circumstances are not attributable to the Provider.
10.5 The above liability provisions shall also apply for the benefit of the Provider’s agents, employees, and legal representatives.
11. Confidentiality
11.1 The parties undertake to treat as confidential all confidential information of the other party that becomes known in the course of the cooperation and not to disclose it to unauthorized third parties.
11.2 Information shall not be deemed confidential if it is generally known, becomes known without breach of this obligation, or must be disclosed due to legal obligations.
12. Applicable Law and Place of Jurisdiction
12.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The right of withdrawal pursuant to Section 312g BGB does not apply to purely business-to-business contracts.
12.2 If the client is a merchant, a legal entity under public law, a special fund under public law, or has its registered office outside the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall be the Provider’s registered office.
13. Alternative Dispute Resolution
13.1 The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
14. Final Provisions
14.1 Amendments and supplements to these General Terms and Conditions as well as ancillary agreements must be made at least in text form in order to be effective, unless a stricter form is required by law.
14.2 Should any provision of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
