General Terms and Conditions

For the provision of services by Marco Koch – Diamond Mastering, Magdeburger Str. 2, 64579 Gernsheim, Germany, e-mail: info@diamond-mastering.com (hereinafter referred to as the “Contractor”) to its Clients (hereinafter referred to as the “Client”)

1. General

1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor in which these GTC are incorporated.

1.2 Insofar as, in addition to these GTC, further contractual documents or other terms and conditions in text or written form have become part of the contract, the provisions of these further contractual documents shall take precedence over these GTC in the event of any conflict.

1.3 The Contractor does not recognise any GTC used by the Client that deviate from these terms and conditions, unless expressly agreed.

2. Subject matter of the contract and scope of services

2.1 The Contractor shall provide the following services to the Client as an independent entrepreneur:

Diamond Mastering provides professional audio services, specifically mixing and mastering. The services include the processing, optimisation, and final delivery of digital audio files in accordance with the Client’s individual specifications. All services are performed entirely in digital form.

2.2 The specific scope of services is the subject of individual agreements between the Contractor and the Client.

2.3 The Contractor shall perform the contractual services with the greatest possible care and diligence in accordance with the latest standards, rules, and findings.

2.4 The Contractor is obliged to perform the services due under the contract. However, in performing its activities, it is not subject to any instructions regarding the manner in which its services are to be provided, the place of service provision, or the time-of-service provision. However, it shall determine the allocation of working days and the time allocation on these days in such a way that optimum efficiency is achieved in its activities and in the realisation of the subject matter of the contract. The Contractor shall only perform the services in consultation and coordination with the Client.

3. Client’s obligations to cooperate

It is the Client’s responsibility to provide the information, data, and other content required for the performance of the services in a complete and correct manner. The Contractor shall not be liable to the Client in any way for delays in the provision of services caused by late and necessary cooperation or assistance on the part of the Client; the provisions under the heading “Liability/Indemnification” remain unaffected by this.

4. Remuneration

4.1 Remuneration shall be agreed in individual contracts.

4.2 Remuneration shall be paid after the services have been rendered. If remuneration is calculated on a time basis, it shall be paid after the expiry of the individual time periods (§ 614 German Civil Code (BGB)). In the case of expense-based billing, the Contractor shall be entitled, subject to agreements to the contrary, to invoice the services rendered on a monthly basis.

4.3 The Contractor shall send the Client an invoice by post or e-mail (e.g. as a PDF) after the services have been rendered. Remuneration is due for payment within 14 days of receipt of the invoice.

5. Liability/Indemnification

5.1 The Contractor shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb, or health, on the basis of a guarantee promise, unless otherwise specified, or on the basis of mandatory liability. If the Contractor negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding sentence. Essential contractual obligations are obligations which the contract imposes on the Contractor according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Client may regularly rely. Otherwise, the Contractor’s liability is excluded.

The above liability provisions shall also apply with regard to the Contractor’s liability for its vicarious agents and legal representatives.

5.2 The Client shall indemnify the Contractor against any claims by third parties asserted against the Contractor due to breaches of these contractual terms and conditions or applicable law by the Client.

6. Term of contract and termination

6.1 The term of the contract and the notice periods for ordinary termination shall be agreed individually by the parties.

6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.

6.3 Upon termination of the contract, the Contractor shall immediately return or destroy all documents and other content provided to it, at the Client’s discretion. The assertion of a right of retention in this regard is excluded. Electronic data must be deleted in its entirety. This does not apply to documents and data that are subject to a longer statutory retention period, but only until the end of the respective retention period. The Contractor must confirm the deletion in writing to the company upon request.

7. Confidentiality and data protection

7.1 The Contractor shall treat all information that comes to its knowledge in connection with the order as strictly confidential. The Contractor undertakes to impose the obligation of confidentiality on all employees and/or third parties who have access to the information covered by the contract. The obligation of confidentiality shall remain in force indefinitely beyond the term of this contract.

7.2 The Contractor undertakes to comply with all data protection regulations – in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act –when executing the order.

8. Final provisions

8.1 The law of the Federal Republic of Germany shall apply, excluding the CISG.

8.2 Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

8.3 The Client shall support the Contractor in the performance of its contractual services by providing reasonable cooperation, where necessary. In particular, the Client shall provide the Contractor with the information and data necessary for the performance of the order.

8.4 If the Client is a merchant, a legal entity under public law or a special fund under public law, or does not have a general place of jurisdiction in Germany, the parties agree that the Contractor’s registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected by this.

8.5 The Contractor is entitled to amend these General Terms and Conditions for objectively justified reasons (e.g., changes in case law, the legal situation, market conditions, or business or corporate strategy) and subject to reasonable notice. Existing Clients will be notified of this by e-mail at least two weeks before the change comes into effect. If the existing Client does not object within the period specified in the notification of change, their consent to the change shall be deemed to have been given. If they object, the changes shall not come into effect; in this case, the Contractor shall be entitled to terminate the contract extraordinarily at the time the change comes into effect. The notification of the intended change to these General Terms and Conditions will indicate the deadline and the consequences of objection or failure to object.

9. Information on online dispute resolution / consumer arbitration

The EU Commission provides a platform for online dispute resolution on the Internet at the following link:

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

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure under the Consumer Dispute Resolution Act (VSBG).

Our e-mail address can be found in the header of these General Terms and Conditions.