TERMS AND CONDITIONS
Last updated: April 2025

 

1.0 Scope

1.1 These terms and conditions apply to all one-time and ongoing services provided by Voelker-Studios and its legal successors as part of its entire business operations, regardless of contractual classification. They also apply to all future business relationships without the need for explicit re-inclusion. These conditions shall be deemed accepted no later than upon first use of services provided by Voelker-Studios. Any counter-confirmation by the customer referring to their own terms and conditions is hereby expressly rejected. These terms and conditions also apply to the customer's legal successors, even if no explicit contractual agreement between the customer and its successors is made.
1.2 Deviations from these terms and conditions are only valid if acknowledged in writing by Voelker-Studios. Employees of Voelker-Studios are not authorized to make oral side agreements or provide oral assurances that exceed the contents of the written contract.
1.3 Voelker-Studios reserves the right to change these terms and conditions at any time. If the customer does not object within 2 weeks after being informed of the changes, or at the latest by the time the changes take effect, the amended terms become part of the contract. If the customer objects within the deadline, Voelker-Studios may terminate the contract with 2 weeks' notice. If Voelker-Studios does not terminate, the contract continues under the old terms.
1.4 These general terms and conditions and any amendments thereto are available online at https://voelker-studios.de

 

2.0 Offers, Prices

2.1 Offers from Voelker-Studios are non-binding and valid for a maximum of 30 days. Cost estimates or budget plans provided by Voelker-Studios are not binding.
2.2 If the parties have not agreed on remuneration for a service that the customer would reasonably expect to be paid for, the customer must pay the usual fee for such service.
2.3 If Voelker-Studios carries out weekend or night work with the customer’s consent, the applicable hourly rates will be subject to a 50% surcharge.

 

3.0 Scope of Services

3.1 Unless otherwise agreed, the customer will define the scope of services in writing (specifications). The type and extent of Voelker-Studios’s services are based on the service description or contract, which includes these terms. Performance data and specifications of samples are only binding if expressly confirmed in writing by Voelker-Studios. Section 1.1 applies accordingly to service descriptions. Section 1.3 applies to changes to the service description.
3.2 Voelker-Studios is only obliged to process customer-provided data (texts, images, videos, audio) insofar as they comply with the service description or contract. Voelker-Studios does not check the content or legal admissibility of the data; this is the customer's responsibility. All physical media (e.g. paper, CDs) become the property of Voelker-Studios.
3.3 Voelker-Studios may provide services itself or through third parties, unless otherwise agreed. Necessary operational interruptions for maintenance or repair will be announced in advance. Disruptions will be resolved as quickly as possible.
3.4 Free services may be discontinued or made chargeable at any time with prior notice.
3.5 Unless otherwise agreed, the client shall have an unrestricted right to use the goods produced for them. However, the client is not permitted to apply for intellectual property rights relating to these productions. All rights to the productions created by voelker-studios are non-transferable. Unless otherwise agreed, the client receives an exclusive and unlimited right of use to the overall work, but not to the rights held by voelker-studios.

 

4.0 Service Deadlines, Delivery Dates

4.1 Agreed delivery, completion, and provision dates are non-binding unless confirmed in writing by Voelker-Studios.
4.2 If Voelker-Studios is responsible for delays in meeting binding deadlines, the customer is entitled to delay compensation of 2% of the invoice value for the delayed service per completed week, up to a maximum of 5%.
4.3 Further claims are excluded unless the delay is due to gross negligence or intent on the part of Voelker-Studios.
4.4 If voelker-studios, on behalf of the client, commissions third parties (e.g., printing companies, pressing plants, etc.) to produce products (e.g., printed materials, pressings, duplications, etc.), or is involved in the production process (e.g., by providing print files, audio files, etc.), Voelker-Studios shall not be liable for any delays caused by the manufacturer (e.g., printing companies, pressing plants, etc.).
4.5 The term of the contract is determined by the scope of the overall project, unless otherwise agreed. The notice period for terminating the contract is specified within the contract itself.

 

5.0 Acceptance, Warranty

5.1 Voelker-Studios will notify the customer when services are available. The customer must check and accept the services within 7 calendar days unless there are significant defects that render the service unusable. Acceptance must be declared in writing and may include a description of minor defects. If no written objection is made within this period, the service is considered accepted and defect-free. Use of the service without complaint also counts as acceptance.
5.2 The warranty begins upon acceptance or at the end of the period mentioned in Section 5.1. Unless otherwise agreed, the warranty period for purchase contracts is 1 year.
5.3 Should deliverables (such as mixdowns, masterings, and related production outputs.) or data systems be altered by the client or any third party without the prior consent of voelker-studios, all warranties and liabilities of voelker-studios shall be rendered void with immediate effect.

 

6.0 Payment Terms, Default

6.1 All services provided by Voelker-Studios must be paid regardless of whether the customer makes use of them. Refunds or reductions due to non-use are excluded.
6.2 Unless otherwise agreed, payment for services is due within 7 days of completion. If completion is delayed due to the customer’s failure to provide necessary materials (texts, images, technical details, etc.), Voelker-Studios may issue an interim invoice after 14 days. If project execution appears unfeasible due to customer delays, Voelker-Studios may invoice the expected fee less saved expenses. Infeasibility is assumed if the customer does not provide required materials within 21 days of a written request.
6.3 If Voelker-Studios becomes aware of circumstances that raise doubts about the customer’s creditworthiness, it may demand immediate payment of all outstanding amounts and advance or security payments.
6.4 From the moment of default, Voelker-Studios may charge interest at 8% p.a. above the base rate. Further claims remain unaffected.

 

7.0 Set-off, Retention 7.1 The customer may only set off claims against Voelker-Studios with claims that are undisputed or have been legally established. Rights of retention may only be asserted by the customer based on claims arising from the specific contractual relationship to which these General Terms and Conditions apply.
7.2 Voelker-Studios retains ownership of delivered products and reserves the right to revoke granted usage rights to services provided until all payment claims arising from this contractual relationship, as well as any other existing claims from ongoing business relations with the customer, have been fully settled.

 

8.0 Duties and Obligations of the Customer
8.1 The customer is obligated to use the services of Voelker-Studios properly. If Voelker-Studios publishes usage rules for its services, the customer must comply with them.
8.2 Use of the services by third parties or allowing such use is only permitted if explicitly agreed upon in the contract. The absence of a contractual agreement does not release the customer from the obligation to pay for third-party use.
8.3 Visible defects and damages must be reported to Voelker-Studios immediately. The customer must take all necessary measures to prevent and minimize damage. They must allow Voelker-Studios to detect and remedy defects. If disruptions or damages are attributable to the customer, they must reimburse Voelker-Studios for all expenses incurred in determining the cause and remedying the issue.
8.4 The customer shall support Voelker-Studios in the provision of the contractual services. This includes, in particular, timely provision of information, data, hardware, and software, as required for the customer’s cooperation. The customer shall give detailed instructions to Voelker-Studios concerning the services to be provided.
8.5 The customer agrees not to poach, employ, or commission any employees of Voelker-Studios, either directly or indirectly, without prior written consent, during the term of cooperation and for one year thereafter. In each case of a culpable breach, a payment equal to half of the annual salary of the affected employee shall be due, even without proof of damage. Voelker-Studios reserves the right to claim greater damages.
8.6 The customer assures that the information provided is correct and complete. The customer is obligated to notify Voelker-Studios immediately of any changes to the provided contact details or other information necessary for contract execution.
8.7 The customer must inform Voelker-Studios immediately upon becoming aware that unauthorized third parties have gained access to passwords provided for system access.
8.8 The customer agrees to refrain from using technologies in their web presence that excessively consume the resources of Voelker-Studios. Voelker-Studios may restrict access to websites using such technologies until the customer disables or removes them. This does not apply to servers made exclusively available for the customer's use (dedicated hardware).
8.9 The customer further agrees not to use the provided resources for any actions that violate legal regulations, common decency, or the rights of third parties. This includes in particular:
8.9.1 Unauthorized access to third-party computer systems (e.g., hacking);
8.9.2 Disruption of third-party systems via data streams and/or email (e.g., DoS/DDoS attacks/spam/mailbombing);
8.9.3 Scanning for open computer system access points (e.g., port scanning);
8.9.4 Sending advertising emails without the recipient’s explicit consent unless otherwise permitted;
8.9.5 Forging IP addresses, mail/news headers, and distributing malware.
8.11 In the event of a breach of any of the above obligations or imminent danger, Voelker-Studios may temporarily suspend all services immediately. Voelker-Studios expressly reserves the right to claim damages.

 

9.0 Confidentiality, Data Protection
9.1 Unless otherwise expressly agreed in writing, all information provided to Voelker-Studios shall be considered non-confidential.

 

10.0 Copyright and Related Rights
10.1 The customer transfers to Voelker-Studios all usage rights to the data provided (texts, images, videos, sounds, etc.) that are necessary for the provision of the agreed services.
10.2 The customer shall immediately inform Voelker-Studios of any third-party claims.
10.3 In the event of intellectual property violations, Voelker-Studios may, at its own discretion and expense and after consulting with the customer, make changes to eliminate the violation while safeguarding the customer's interests or obtain the necessary usage rights.
10.4 The customer indemnifies Voelker-Studios against all intellectual property right violations attributable to the customer, particularly those based on their instructions or materials.
10.5 Voelker-Studios may name the customer as a reference on its website or in other media. It may also display or reference the services provided for demonstration purposes, unless confidentiality is breached or the customer asserts a legitimate conflicting interest.
10.6 At the request of Voelker-Studios, the author's name may appear in the legal notice of webpages created by Voelker-Studios.

 

11.0 Liability
11.1 Voelker-Studios is not liable for delays in delivery or service due to force majeure or events that significantly hinder or make service impossible, such as strikes, government orders, floods, or network operator issues, even if these occur at third parties. Voelker-Studios may extend deadlines or withdraw from the contract in such cases.
11.2 Voelker-Studios is not liable for the consequences of using incorrect or unauthorized customer-provided data.
11.3 Voelker-Studios is not liable for print jobs handled by printing companies chosen by the customer or by "low-cost printers." Liability applies only if Voelker-Studios was expressly required to be present during printing and acted negligently or intentionally.
11.4 Claims for damages due to impossibility, breach of duty, or tort are excluded unless caused by intent or gross negligence. Guaranteed features remain unaffected. Indirect damages and lost profits are also excluded unless caused by intent or gross negligence.
11.5 As a music service provider, Voelker-Studios assumes no liability for the completeness, accuracy, or timeliness of transmitted information, nor for its legal compliance.
11.6 Unless otherwise stipulated, Voelker-Studios is only liable for proven damage, up to the order value or, in the case of recurring services, up to the agreed annual fee.
11.7 If damage occurs due to a third party (e.g., a Maunfacturar, Trader / Dealer), Voelker-Studios is liable only to the extent that the third party is liable to Voelker-Studios.
11.8 The customer is liable for third parties acting on their behalf as if they were an agent. Voelker-Studios is not liable if these third parties prevent it from fulfilling its obligations.
11.9 Voelker-Studios is not liable for data loss if the customer failed to back up data.
11.10 The contractor is liable for faulty delivered materials, data, etc., that cause damage. In particular, the contractor is not liable for malfunctions. Voelker-Studios reserves the right to charge for any additional effort required to address this.
11.11 The contractor is not liable for damages caused by data line or internet provider disruptions.
11.12 Voelker-Studios is liable for intent and gross negligence. For slight negligence, it is only liable for breach of essential obligations (cardinal duties) or harm to life, body, or health.
11.13 The customer guarantees they have rights to the data they provide and that the contract does not infringe on third-party rights.
11.14 The customer further guarantees they are authorized to transfer all rights necessary for service delivery and will not enter into agreements that would conflict with these rights.
11.15 The customer is legally responsible for the commissioned service and must seek legal advice at their own expense if unsure of legality.
11.16 Voelker-Studios is not authorized to provide legal advice but may offer non-binding insights based on experience. No liability is assumed for legal information.
11.17 As part of its services as a music production company, Voelker-Studios guarantees an availability of 80% on an annual average.

 

12.0 Final Provisions
12.1 The place of performance and jurisdiction, where permitted, is Bamberg / Germany. Voelker-Studios may also sue at any other legally designated venue.
12.2 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. German copyright and data protection laws additionally apply.
12.3 The invalidity or unenforceability of individual provisions does not affect the validity of the remaining terms. Invalid provisions must be replaced with valid ones that best reflect the original economic intent.
12.4 Terms like termination and withdrawal are used interchangeably to apply to both single and continuous obligations without limiting their legal interpretation.