Terms and Conditions
1. scope of application
These General Terms and Conditions (GTC) apply to the entire business of the company leasakran.com, hereinafter also referred to as the "company" or Leasakran.com. Leasakran.com offers the following services in the field of communication. In the following, the various service areas are referred to as A&B.
A. Conception and production of texts in German, English, French and Swiss German plus translation services (see Services at leasakran.com for a listing of the different areas).
B. Audio productions and voice-overs of all kinds (see Services at leasakran.com for a list of the different areas): i.e. the recording, editing and production of voice-overs in German, English, French and Swiss German.
Leasakran.com distinguishes between two types of clients: Listed below as X and Y.
- X = Private individuals and companies as direct customers
- Y = agencies
When this GTC refers to customers or order issuers, this includes X and Y.
The General Terms and Conditions (GTC) apply to all agreements with direct customers=X between the Swiss company: Leasakran.com and the direct customers=X who use the services of Leasakran.com. The company designates private individuals and companies as direct customers=X, who integrate the services of leasakran.com directly into their own business content.
The GTC together with the order placement constitute the complete contract for direct customers=X. Deviating agreements are only binding for leasakran.com if they are drawn up in writing and signed by both contracting parties.
For agencies=Y a respective agency contract or individually adapted contracts between the agency and leasakran.com are valid.
1. for certain projects only the service of Lea Sakran is needed.
2. depending on the project other freelancers are needed, who work for leasakran.com on a freelance basis.
Concluded contracts and project specific agreements between Leasakran.com and direct customers=X are binding together with the general terms and conditions.
These general terms and conditions have been acknowledged and accepted by all freelance employees and contributors working for leasakran.com. These GTC are binding together with the contracts and agreements concluded between Leasakran.com and all freelance employees/participants working for Leasakran.com. Project-specific, deviating agreements with direct clients=X and agencies=Y will be communicated to all freelance employees/participants of Leasakran.com and acknowledged by all freelance employees/participants. Project-specific deviating agreements with employees/participants of Leasakran.com, will be communicated to the respective customer and the respective agency, and recognised by the order-specific contract.
4. conclusion of contract
The contract between Leasakran.com and the direct customers is concluded by the fact that the direct customer=X, agrees with the offer in the offer made by Leasakran.com and signs the offer defined in the offer, made by Leasakran.com in the contract. The offer set out in the quotation is recorded in writing in the contract. By signing the contract, the direct customer=X confirms that he has taken note of and agrees to these GTC and fulfils his obligations in full. The acknowledgement of the GTC are an integral part of the contract. The offers made by Leasakran.com are subject to change and may be modified at any time. Leasakran.com is bound exclusively to offers and indicative offers which are submitted to the customer=XY as a binding offer. Binding offers and indicative offers are valid for 21 days from the date of issue. Obtaining project-specific offers from Leasakran.com up to a maximum of 2 offers per project is free of charge for the customer=XY. From 3 offers onwards, Leasakran.com will charge the customer for this according to the time and effort involved.
Both parties and their freelancers/contributors undertake to treat all information material required for the provision of the service as confidential. Confidentiality shall remain in force even after the service has been provided.
6. the duties and rights of Leasakran.com, the direct customers=X and the agencies=Y.
Leasakran.com undertakes to protect the interests of the client=XY and to treat the entrusted information material of the client=XY with the greatest care and to provide the contractually agreed services to the client=XY to the best of its knowledge and belief. If no further provisions are agreed with the customer=XY, the place of execution of the order shall be the registered office of Leasakran.com. The customer=XY undertakes to provide Leasakran.com with all arrangements necessary for the provision of the service, such as: data, information material, etc. in the agreed form and at the agreed time and place, so that the implementation of the order by Leasakran.com can be adhered to in accordance with the agreed schedule.
7. provision of services in areas A &B in accordance with 1. scope of application
After both parties, the direct customer=X and Leasakran.com have signed the contract, resp. leasakran.com has signed an agency contract=Y, depending on the scope of the project Leasakran.com will inform the direct customer=X resp. the agency=Y (e.g. via email) by which date the services in the areas A / B can be provided for the first assessment for the direct customer=X resp. for the agency=Y. After the first assessment, the direct customer=X or the agency=Y communicates any adjustment requests to Leasakran.com. Up to two adjustment requests are included in the price of the order implementation. From a third adaptation request onwards, Leasakran.com will charge the direct customer=X or the agency=Y according to expenditure. An adaptation means that a component of an entire order is reworked between 20% and max. 40% depending on the scope. Higher percentage revisions of an entire order are considered a new order. Requests for deadlines with regard to the implementation of the order or the submission of the order will be taken into account by Leasakran.com wherever possible within the framework of feasibility. If the order distributor (the direct customer=X, resp. the agency=Y) has not made all the arrangements necessary for the provision of the service by the agreed date, such as: data, information material etc., leasakran.com cannot guarantee the customer=XY that the delivery deadline can be met, resp. the customer=XY will be informed of the date of the new delivery deadline as soon as leasakran.com has received all the information material necessary for the provision of the order, in order to be able to implement the order. In the event that leasakran.com is required to research material within the scope of the Order which is subject to licensing, the Order cannot proceed until the Order Issuer=XY, has met the licensing costs and obligations in order for the material to be used and incorporated within the Order. The client=XY will send the relevant licence copy to leasakran.com. If in exceptional cases the delivery deadline of an order cannot be met by leasakran.com, leasakran.com will inform the client=XY of this in a timely manner. Liability for consequential damages in case of non-compliance with the delivery deadline is excluded.
8. good to print - approval of the order
After order transmission and order fulfilment of Leasakran.com, the customer=XY gives the "good to print" resp. the written approval of the order formulated in the contract (what this offer contains - see point 3 contract conclusion) to leasakran.com. The approval of the order takes place in writing via email. After the approval of the order, all responsibility lies with the customer=XY and leasakran.com cannot be held liable in any way for errors or consequential damages. The written approval of the order from the customer=XY to Leasakran.com must take place no later than 8 days after the order has been handed over by Leasakran.com to the customer. After 9 days the customer=XY, even if he did not send the written approval of the order to Leasakran.com in writing, cannot make any claims concerning the order defined in the contract to Leasakran.com and Leasakran.com cannot be held liable in any way for errors or consequential damages.
9. services and rights of use
Leasakran.com produces and delivers to the customer=XY the service or product A/B defined in the order in digital form, which is transmitted electronically for example via email or by means of electronic transfer form from Leasakran.com to the customer=XY. After the customer=XY has transferred the agreed costs of the order implementation in full to Leasakran.com, the customer=XY has the right of exploitation and use of the content/product defined in the contract for his own use in accordance with the specifications defined in the contract. All product content, exploitation period and rights of use, including any lifetime use, are precisely formulated and recorded in the contract: In this respect, Leasakran.com follows the usual market procedures.
If the products/digital products produced for the direct customer=X are to be resold to third parties or used by third parties for advertising purposes, this must be communicated to Leasakran.com without fail so that any further agreements can be made and any costs for the further use of third parties can be calculated and invoiced by Leasakran.com.
10. prices and terms of payment
The customers=XY undertake to pay the remuneration to Leasakran.com in due time. For the payment of services/products/digital products in both: A&B, the following payment procedure applies. Depending on the scope of the order, a first instalment = ½ of the total payment will be invoiced to the customer=XY as an advance payment. The second instalment = ½ of the total amount will be made no later than 21 days after completion of the order or transmission of the order from Leasakran.com to the customer.
If further work outside the services specified in the contract is requested by the customer=XY, a further supplementary contract will be concluded with the customer=XY. All prices quoted by Leasakran.com are inclusive of any applicable value added tax (VAT) at the registered office of Leasakran.com. Leasakran.com's prices are exclusive of any other applicable taxes. Leasakran.com reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract shall apply.
All invoices from Leasakran.com will be made either in one full payment on completion of the total amount or in two instalments, depending on the size of the order. Invoices are to be paid within 21 days from the date of invoice, unless otherwise agreed in writing with the customer=XY. The first instalment shall be the advance payment, the second and final instalment shall be made 21 days from the date of the invoice after completion of the order, whereby the order to Leasakran.com has been paid in its entirety by the Customer=XY and can be used by the Customer. If invoices are not paid within the aforementioned payment period, the customer will be warned. If the customer=XY does not settle the invoice within the set reminder period, this automatically means default of payment. From the time of default, an additional default interest of 5% (five percent) will be charged. From the second reminder, Leasakran.com is also entitled to charge the customer a collection fee to cover the costs. If the customer=XY does not pay the amount due on the contract within the period stated in the reminder, despite the reminder, payment of all outstanding instalments will become due immediately. Leasakran.com, may assign its claims to third parties at any time. The same payment conditions also apply to express orders. For any express orders in both areas A&B, an additional express surcharge will be added. A possible subsequent delivery of data, which Leasakran.com already transmitted to the customer, can be charged additionally to the customer depending on the effort for Leasakran.com. Furthermore, Leasakran.com has the right to refuse delivery or service provision in the event of late payment. Offsetting of the invoiced amount against any claim of the customer against Leasakran.com is not permitted.
11. rights of use, own material of the customer and data protection
The customer=XY is responsible for the fact that he has the necessary rights of use on the communication material submitted to Leasakran.com for the fulfilment of the order, for life. If the customer=XY wishes to include his own content (for example: texts, photos, pictures, photos of pictures, art objects and photos of art objects pictures, film recordings, graphics, illustrations, animations, music, and others) in the production of A & B or if this is to be incorporated by Leasakran.com in the fulfilment of the order, the customer=XY is responsible for ensuring that he has the necessary rights of use for life, or ensures that the rights of use are always renewed for as long as he uses the material/product/content. This also applies to the client's own logo, figurative mark and company name. We recommend that clients protect their logo, figurative mark and company name by registering it. The purchase of the rights, i.e. the rights of use, is regulated by the customer=XY himself. The customer=XY undertakes to indemnify Leasakran.com in full against claims and any consequential damages which may be asserted as a result of an alleged breach of this warranty and to bear any consequential costs himself. The customer is obliged to indemnify Leasakran.com. Leasakran.com will ask the customer=XY in advance whether he has the rights of use / licences for the material to be installed. If the customer uses in connection with Leasakran.com Sakran contents of any kind, for example film, picture, audio or video material, Leasakran.com will ask the customer=XY in advance: Film-, picture-, audio- text- or other contents, on which third parties have a property right, the customer=XY has to ensure that no property rights of third parties are violated. The customer=XY undertakes to indemnify Leasakran.com as well as freelance employees/participants, who are working for Leasakran.com within the framework of a customer order, in full against claims as well as possible claims of third parties and assumes possible consequential costs. Leasakran.com may process the data recorded in the context of the conclusion of the contract in order to fulfil the obligation arising from the contract. Leasakran.com as well as freelance employees/participants, who are working for Leasakran.com, are obliged to secure customer material and customer data and to treat and secure it with the utmost care. The customer fully agrees to the storage and contractual use of his data by Leasakran.com, as well as by the freelance employees/participants working for Leasakran.com. The data necessary for the performance of the service may also be passed on to commissioned service partners or other third parties of leasakran.com, if this is necessary to fulfil the order. Leasakran.com as well as freelance employees who work for Leasakran.com cannot be held liable for any internet problems, for example digital virus attacks, whereby customer data could be lost or passed on to third parties, nor can they be held liable for any consequential damage which could result for the customer. The customer undertakes to fully indemnify Leasakran.com, as well as freelance employees/contributors working for Leasakran.com, against any claims.
12. Intellectual property
According to copyright law the contents and products/digital products, which Leasakran.com has produced for the customer=XY, remain the intellectual property of Leasakran.com Sakran=XY. Leasakran.com is entitled to use the material produced for the client (see service offers on the website of leasakran.com) as references for marketing and advertising purposes, broadcasts (cinema, television, internet, homepages, demo material showreel, social media etc.) as well as at festivals. Leasakran.com is also entitled to use content and products/digital products produced for the client=XY as reference material even if the communication material produced by Leasakran.com is part of an overall concept. In any form of broadcasting, whether in print or media or as submissions to competitions and festivals etc., explicit reference will be made in the case of overall concepts to the areas in which the content and products/digital products were produced by Leasakran.com. If any earnings or profit of financial or any other form is made, this profit goes to the parts produced by leasakran.com in full. Due to copyright law, the direct customer=X does not have the right to make available or resell the communication material produced for him by leasakran.com or extracts thereof to third parties unless special conditions have been defined in writing in the contract with leasakran.com or are subsequently added to the already existing contract as contract addendum 1,2,3, etc. Leasakran.com undertakes not to resell to third parties (competitor customers) communication material from areas A & B that is specifically tailored to the customer=XY.
13. withdrawal from the contract
The contractual relationship can be terminated at any time by the client=XY by withdrawing from the contract. The work done up to the withdrawal, plus any expenses already incurred by Leasakran.com as well as freelance employees/participants who work for Leasakran.com and were involved in the implementation of the order, will be invoiced to the customer=XY. It is mandatory that the customer=XY notifies Leasakran.com of a possible withdrawal from the contract in written form, for example via email, so that a possible withdrawal from the contract can be recognised by Leasakran.com.
If, due to force majeure (e.g. natural disasters, earthquakes, volcanic eruptions, avalanches, severe thunderstorms and storms, massive flooding, civil wars, revolutions, sabotage, strikes, atomic disasters, floods, etc.) the contract is cancelled by Leasakran.com, Leasakran.com is entitled to terminate the contract.
sabotage, strikes, nuclear accidents or reactor damage, chemical accidents, other influences which enormously hinder the daily work etc.) an order cannot be fulfilled by Leasakran.com in due time, the customer has the right to withdraw from the contract 45 days after the agreed delivery date. Payments made up to this point will be refunded to the customer. Any further claims by the customer against Leasakran.com are excluded.
Due to ethical reasons or an impossible work situation Leasakran.com has the right to withdraw from the contract with the customer=XY at any time. The work done up to this point and any expenses already incurred by Leasakran.com will be charged to the customer=XY.
Leasakran.com is liable to the customer=XY for proven direct damages, which were caused by Leasakran.com culpably and intentionally violating contractual obligations. The liability of direct damages will be limited to a maximum of the sales price of the service as formulated in the contract. Leasakran.com, disclaims any liability for indirect or consequential damages. Furthermore, Leasakran.com's liability will lapse if the customer=XY does not immediately inform Leasakran.com in writing of any damage incurred or claims made and does not fully support Leasakran.com in the defence of these claims or damages.
15. severability clause
Should any provision within this contract or any annex thereto be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose. This procedure shall also apply to any loopholes in the contract.
16. Leasakran.com: Period of validity of the GTC and rights of adjustment
Leasakran.com has the right to change these general terms and conditions at any time. The latest version of the GTC, with an updated date, will be posted on the Leasakran.com website and/or sent to the customer together with the contract signed by the direct customer. The GTC at the time of the concluded contracts shall apply in each case. Furthermore, these GTC also apply in connection if leasakran.com signs an agency contract=Y.
17. law and jurisdiction
The GTC are subject to Swiss law. For disputes in connection with this contractual relationship, the ordinary courts at the headquarters of Leasakran.com or at the headquarters of the collection agencies designated by Leasakran.com are exclusively responsible. The right of Leasakran.com or the collection agency designated by Leasakran.com to sue the customer=XY at his registered office or place of residence is reserved.
18. copying of these Terms and Conditions
These GTC are subject to the copyright of leasakran.com and may not be further published.