Drehpunkt Studio GmbH (hereinafter referred to as "Drehpunkt") is a production company that is particularly active in the field of conception, consulting and production of television and video productions, websites, print productions, multimedia solutions and photography. The present ones Terms and Conditions regulate all relationships between pivot point and its customers (hereinafter "Principal"). 

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1. Services by Drehpunkt
   Drehpunkt provides the following services in particular: 

   • Development of script, concept, storyboard, moodboard, animatic, production planning including obtaining permits, casting and location scouting;

   • Production management, camera, light and sound work, direction and set design; 

   • Video and sound editing, animation, scoring, sound design, music research, transcription, subtitling, color correction and grading, output for various platforms; 

   • Advice and training for video, film and TV productions 
      

2. Duty of care, trade secret 
   Drehpunkt undertakes to carry out the tasks assigned to it carefully, conscientiously and in accordance with instructions. Drehpunkt will protect the legitimate interests of the client in good faith and, in particular, protect the client's business secrets where Drehpunkt has been granted insight. 
    

3. Copyright 
   3.1 Principle 
   The copyrights to the works created by Drehpunkt (television and video productions, websites, print productions, multimedia solutions, photography, design, graphic drafts, sketches, texts, etc.) remain with Drehpunkt. Drehpunkt has these rights in accordance with the provisions of the federal law on copyright and related rights of October 9, 1992. Drehpunkt is entitled to identify the authorship of its works in a form that it determines. 
   
   3.2 Scope and rights of use 
   The scope of permitted use of the works created by Drehpunkt results from a separate contract or, if there is no such contract, from your offer. The works created by Drehpunkt may only be used within the framework of the agreed order. Likewise, order documents or parts thereof, which are handed over to the client, may only be used within the framework of the agreed order. Unless otherwise agreed, the content, time and geographical use of the works created by Drehpunkt by the client is limited to one-time use. A right to edit the works created by Drehpunkt is not granted. The client must obtain the permission of pivot point for any use and any use outside the scope of the order. The client is not entitled to make changes to the works created by Drehpunkt without the consent of Drehpunkt. Any use beyond the scope of the order and any processing of works by Drehpunkt without their permission will result in the payment of a contractual penalty in accordance with Section 3.3. 
   
   3.3 Unlawful use 
   The illegal use of copyrighted works by Drehpunkt as well as presentation proposals (e.g. pitch) obliges the customer to pay a contractual penalty of 20,000.-- per use. We expressly reserve the right to assert further damages. Payment of the contractual penalty does not invalidate the ban on use. Any further use is subject to the payment of the above-mentioned contractual penalty and obliges you to pay damages. 
   
   3.4 Presentations, Pitch 
   The use of copyrighted works as well as concepts and ideas from Drehpunkt, which are brought to the attention of the client in the context of presentations (e.g. pitch), requires the written consent of Drehpunkt. The provisions in Sections 3.1 - 3.3 apply accordingly. 
    

4. Involvement of third parties 
   Drehpunkt is entitled to call in third parties whose services are required by Drehpunkt for order processing, at the expense of the customer. Third-party invoices issued in the name of the customer are checked by Drehpunkt and forwarded to the customer. Drehpunkt is not liable for the accuracy and payment of third-party invoices. 
    

5. Warranty 
   In the case of processing, adaptations or redesigns of third-party works, which Drehpunkt receives from the customer, Drehpunkt can assume in good faith, without express notification from the customer, that the authorization for such uses exists and that no third-party rights are accordingly violated. If, contrary to expectations, third parties assert legal claims, the client will assume all costs incurred for averting these claims (including legal and court costs) and will compensate Drehpunkt for all resulting damage. 
   Drehpunkt guarantees that the services it provides are free of third-party rights, in particular within the scope of what is possible and permissible by law and any rights of administration agreements between authors and collecting societies. Drehpunkt informs the client if such exploitation contracts should exist. Drehpunkt assumes no liability for services provided by third parties which it only acted as an intermediary. 
    

6. Liability 
   Drehpunkt's liability for its own actions is excluded to the extent permitted by law. In addition, Drehpunkt is not liable for defects in deliveries and services provided by third parties or for damage resulting from such defects. 
    

7. Fee 
   7.1 Preliminary briefing 
   The first meeting for an order is free of charge up to a duration of 2 hours. 
   
   7.2 Fee statement 
   Drehpunkt's fee is based on the time spent (hourly and/or daily fee) or is agreed as a fixed amount (budget). The details are regulated in a separate contract or, if there is no such contract, in the offer. Travel time is added to working time. The fee from Drehpunkt does not include expenses and costs incurred directly by the client (use of infrastructure, involvement of employees, etc.), copyright royalties from third parties and collecting societies (e.g. from private individuals, Suisa or ProLitteris), travel, parking and accommodation expenses, etc. Unless otherwise agreed, 50% of the offered fee is due when the client confirms the order. 
   
   7.3 Additional effort and acceptance 
   Drehpunkt will notify the client in good time of any additional work required due to changed circumstances and specifications. The additional work is shown in the invoice. A work is considered accepted if no changes are proposed by the client during acceptance within one week of submission. 
   
   7.4 (Intermediate) presentations and pitch 
   Drehpunkt does not provide free advance services. Drehpunkt is entitled to charge a fee for preparing proposals (such as pitches) for planned activities. The fee is calculated according to a separate contract or, if there is no such contract, according to the offer. If both a contract and an offer are missing, the fee is based on hourly expenditure, with CHF 125 per hour being invoiced. The partial work presented on the occasion of an interim presentation applies without a corresponding complaint by the client as approved and as binding for further processing. 
   
   7.5 Reduction or cancellation of an order 
   If an order is reduced in scope or cancelled, Drehpunkt is entitled to the fee for the work performed up to this point. 
   
   If an order with firmly agreed production days is cancelled, the client must notify Drehpunkt of the cancellation in writing. In this case, pivot point is entitled to a fee according to the following conditions:
   a) 10% of the fee volume in the event of cancellation up to 21 working days (Mon-Fri) before the production date; 
   b) 25% of the fee volume if cancellation is made 20 to 15 working days (Mon-Fri) before the production date; 
   c) 50% of the fee volume if cancellation is made 14 to 8 working days (Mon-Fri) before the production date; 
   d) 75% of the fee volume for cancellations from 7 working days to 25 hours (Mon-Fri) before the production date; 
   e) 100% of the fee volume if canceled 24 hours or less before the production date. 
   f) In the event of a reduction or cancellation of an order, Drehpunkt has the right over and above the above provisions: to reimbursement of expenses and advance payments from third parties; for compensation for any damage resulting from the reduction or cancellation; to use the work you have done so far if the order is canceled. 
   
   Drehpunkt can ask the client to waive the work creation at any time. In this case, if there is no corresponding notification from the customer within 30 days, it is assumed that the customer waives the completion of the work. Drehpunkt is also entitled to withdraw from the contract if the creation or completion of a work is delayed due to a reason for which the client is responsible. In the event of withdrawal from the contract, Drehpunkt is entitled to the fee for the work performed up to that point in accordance with this provision. 
   
   7.6 Terms of payment 
   The client must pay invoices for services rendered by the due date specified in the invoice or within the specified payment period. If a due date or a payment period is not specified, a payment period of 14 days from the date of the invoice applies. At the end of the payment period or the due date, the client is automatically in default, ie without a reminder. In this case, Drehpunkt reserves the right to demand default interest of 5% pa. 
   
   7.7 Travel and accommodation expenses 
   If filming takes place very early in the morning at a greater distance from the Drehpunkt offices, Drehpunkt reserves the right to accommodate the required employees in hotels the day before. The same applies to multi-day shooting, where a daily trip home is cumbersome. When choosing hotels, Drehpunkt ensures that an overnight stay does not exceed CHF 200 per person. For filming within Switzerland, Drehpunkt travels by train or car and charges the actual expenses incurred.
    

8. Reservation of title 
   Drehpunkt retains title to all products created within the scope of fulfilling the contract until full payment has been made.
    

9. End of cooperation 
   Individual orders expire when they are fulfilled. Contracts in a permanent relationship can be terminated by both parties with a six-month notice period at the end of a calendar month, with simultaneous payment of all expenses charged or chargeable up to the ordinary termination of the contract (fixed costs, fees, etc.). Each party is entitled to withdraw from the contract immediately if the other party concludes a composition agreement, applies for protection from creditors or if bankruptcy is declared against them. 
    

10. Data and documents 
    Drehpunkt keeps the data and documents it created for the client for five years after the end of the cooperation without reimbursement. 
     

11. Severability Clause 
    Should one or more provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions or parts of such provisions shall remain unaffected. In place of the ineffective provision, a replacement provision that corresponds to or at least approximates the purpose of the agreement, which the contracting parties would have agreed to achieve the same economic result if they had known of the ineffectiveness of the provisions. The same applies to any gaps in these GTC. Drehpunkt reserves the right to change these terms and conditions at any time; new terms and conditions will also take effect immediately for existing contractual relationships. 
     

12. Applicable law / place of jurisdiction 
    These general terms and conditions as well as all contractual relationships between the customer and Drehpunkt are subject to Swiss law. The exclusive place of jurisdiction for both parties is the headquarters of Drehpunkt. 

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Zurich, August 17, 2022