General Terms and Conditions

These General Terms and Conditions apply to all contracts concluded between HearDis! GmbH, (located at Christinenstr. 22, 10119 Berlin, Germany and at Christophstr. 6, 70178 Stuttgart, Germany) hereinafter referred to as "HearDis!", and the Client. The terms and conditions of business are agreed if the Client does not object to them immediately.

1. Subject matter of the contract

HearDis! provides consulting and other services in the field of music, sound and voice. These Terms and Conditions apply in their current version to all contracts concluded with HearDis!, regardless of whether they are agreed orally, in writing or in text form.

2. Usage Rights

HearDis! grants the Client the rights of use required for the respective purpose. The exact scope of the rights of use can be found in the written offer for the respective project. An extension of the rights of use in terms of content, time or space requires a written agreement between HearDis! and the Client. The rights of use shall only be granted after full payment of the remuneration by the Client.

3. Remuneration

All remunerations are net amounts, payable plus the statutory value added tax and without deduction. The remuneration is due within 30 days of invoicing. If the Client accepts services from HearDis! in parts, partial remuneration amounting to at least half of the total remuneration shall be paid upon acceptance of the first partial delivery, unless otherwise agreed.

4. Delivery and delivery dates

The agreed fulfillment dates can only be met by HearDis! if the Client provides all necessary information and documents, in particular briefing materials and releases, by the date specified by HearDis!. HearDis! shall not be responsible for delays in delivery and cost increases resulting from incorrect, incomplete or subsequently changed information or documents and therefore shall not constitute a delay in delivery or performance by HearDis! Any resulting additional costs shall be borne by the Client.

5.1 Premature termination of the contractual relationship

If the contractual relationship is terminated prematurely by the contractual partner, the following shall apply: 

If remuneration is agreed on the basis of time spent, HearDis! shall be entitled to remuneration for the time already spent.


If flat-rate remuneration has been agreed, HearDis! may demand a flat-rate amount pro rata to the scope of the services already provided.


HearDis! is entitled to invoice separately for costs and expenses incurred in the course of performance of the contract.

6. Referencing

HearDis! shall be entitled to refer to the contractual relationship with the Client for advertising purposes on its own website, on social media channels such as Facebook, Twitter, Xing and Linkedin, etc., at trade fairs, in press releases and email newsletters as well as in its own printed matter such as flyers or brochures. This right shall continue to apply after termination of the contractual relationship. HearDis! may also use the logo, company, image material as well as audio and video material of the Client for the aforementioned purpose. For this purpose, the Client agrees to provide high-resolution data material free of charge.

7.1 Liability

In the event of damage to the subject matter of the contract, the Client shall be obliged to give the Contractor the opportunity to make improvements. Only if the improvement fails shall the Client be entitled to assert other claims. Claims for damages shall become time-barred after the expiry of one year from the performance of the non-contractual service; otherwise the statutory provisions shall apply.


HearDis! shall be liable in accordance with the statutory provisions for damages of the Client caused intentionally or by gross negligence, which are the consequence of the absence of a guaranteed quality of the object of performance, which are based on a negligent breach of essential contractual obligations (so-called cardinal obligations), which are the consequence of a negligent injury to health, body or life, or for which liability is provided for under the German Product Liability Act. 


Cardinal obligations are those contractual obligations the fulfillment of which is essential for the proper performance of the contract and the fulfillment of which the contractual partner may regularly rely on, and the breach of which, on the other hand, threatens the achievement of the purpose of the contract.


In the event of a breach of a cardinal obligation, liability - to the extent that the damage is merely due to slight negligence and does not affect life, limb or health - shall be limited to such damage as may typically and foreseeably be expected to occur in the context of the provision of services such as the services covered by the contract. 


HearDis! shall not be responsible for delays in performance that are due to incomplete or subsequently amended requirements, documents or notifications by the Client or which are not submitted on time. As agreed, HearDis! shall not be liable for loss of profit or for expected but not occurred sales, savings, damages from third party claims against the Client, indirect damages and consequential damages as well as damages to recorded data.


The services provided by HearDis! are generally based on the Client's specifications and briefings. The Client shall be solely responsible for errors, misunderstandings and changes resulting from incorrect or incomplete information provided by the Client.


HearDis! shall not be liable for damage caused by force majeure, riots, acts of war or natural disasters. The same applies to other events for which HearDis! is not responsible, such as strikes, lock-outs, traffic disruptions, power failures, network failures, Internet disruptions, computer or software crashes and orders from higher authorities.

8. Confidentiality Agreement

Sales or projects documents, presentations, workflows, charts, calculations and price lists of HearDis! are strictly confidential and may only be made available to third parties if they are in the public domain or HearDis! has given express authorisation to do so in text form.

9.1 Final Provisions

In the event that the client does not have a general place of jurisdiction in the Federal Republic of Germany or relocates his registered office or residence abroad after conclusion of the contract, Berlin is agreed as the place of jurisdiction.


Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory provisions.

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