General Terms and Conditions of Subsonic Imaging (a trade name of Fieldhofen Productions)

1. Definitions

Client: The person, company or entity that has hired services from Subsonic Imaging (a trade name of Fieldhofen Productions) to compose, edit or publish musical works.

Subsonic Imaging (a trade name of Fieldhofen Productions): Subsonic Imaging, a trade name of Fieldhofen Productions, a company specializing in sound design, composition, editing and publishing of musical works.

Agreement: Any written or oral agreement between Subsonic Imaging (a trade name of Fieldhofen Productions) and the Client, including quotations, order confirmations and project agreements.

Musical Works: Compositions, recordings, arrangements and other musical creations produced by Subsonic Imaging (a trade name of Fieldhofen Productions) in accordance with the Agreement.

2. Applicability

2.1. These general terms and conditions apply to all quotations, offers, agreements and services provided by Subsonic Imaging (a trade name of Fieldhofen Productions), unless expressly agreed otherwise in writing.

3. Quotations and Agreements

3.1. All quotations from Subsonic Imaging (a trade name of Fieldhofen Productions) are without obligation, unless stated otherwise.

3.2. An Agreement is concluded when the Client accepts a quotation, either in writing, verbally or electronically.

3.3. Subsonic Imaging (a trade name of Fieldhofen Productions) reserves the right to refuse or cancel an assignment if it conflicts with the law, ethical standards or infringes the rights of third parties.

4. Rates and Payment

4.1. The rates for the services of Subsonic Imaging (a trade name of Fieldhofen Productions) are stated in the Agreement or quotation and are exclusive of VAT, unless stated otherwise.

4.2. Payments must be made according to the payment terms stated in the Agreement. In the absence of such conditions, payment must be made within 30 days of the invoice date.

4.3. Payments and payment terms:

Prices for products and/or services below €2,500 will be invoiced directly to the customer after the first recording or service has been performed.

Prices for products and/or services above €2,500 will be invoiced to the customer for 50% after the first recording or service has been performed, and the remaining 50% will be invoiced to the customer after the last recording or service has been performed.

Prices for products and/or services above €10,000 will be invoiced in accordance with the agreed arrangement with the customer, established before the execution of the first recording or service.

Subsonic Imaging (a trade name of Fieldhofen Productions) reserves the right to invoice the customer for products and/or services supplied by third parties to the customer at any time.

Payment by the customer takes place within 30 days after the date of the invoice.

5. Intellectual Property

5.1. All intellectual property rights relating to the Musical Works, including but not limited to copyright, remain the property of Subsonic Imaging (a trade name of Fieldhofen Productions), unless otherwise agreed.

5.2. The Client obtains the right to use the Musical Works in accordance with the Agreement, but may not reproduce, distribute, modify or sell them without written permission from Subsonic Imaging (a trade name of Fieldhofen Productions).

6. Liability

6.1. Subsonic Imaging (a trade name of Fieldhofen Productions) is not liable for any damage resulting from the use of the Musical Works, unless there is intent or gross negligence.

7. Confidentiality

7.1. Both parties will treat confidential information that they receive during the execution of the Agreement as confidential and will not disclose it to third parties.

8. Governing Law and Disputes

8.1. These general terms and conditions and the Agreement are governed by the law of [place/jurisdiction].

8.2. Disputes arising from or related to these general terms and conditions or the Agreement will be submitted to the competent court in [city/jurisdiction].

9. Final provisions

9.1. Any changes or additions to these general terms and conditions are only valid if agreed in writing.

9.2. If a provision of these general terms and conditions proves to be void or unenforceable, this will not affect the validity of the other provisions.

By agreeing to a Quotation or Agreement with Subsonic Imaging (a trade name of Fieldhofen Productions), the Client acknowledges having read, understood and accepted these general terms and conditions.

Last updated: October 1, 2023