§ 1 Scope of application
These Terms & Conditions apply to all contracts between Arcanimotion, owner: Daniel Bockhorst, Deverhafen 2, 26871 Papenburg, Germany (hereinafter “Provider”), and customers who use services in the areas of animation, design, web development or IT support.
§ 2 Service description & service types
The Provider offers services in two categories, to which different conditions apply:
1. Digital creative services (standard services)
- Animations, video clips (e.g. for miniatures, TCG, products), image editing and social media assets.
- These services are usually provided on the basis of fixed packages or concise briefings.
2. Project services & IT support
- Web design (concept, implementation, maintenance), branding/logo development and IT services (setup, optimisation, remote support).
- These services are delivered individually based on project scope or time budget.
§ 3 Conclusion of contract
A contract is concluded when the Provider submits an individual offer in response to the customer’s enquiry and the customer accepts it (e.g. by email). Upon acceptance, these Terms & Conditions become an integral part of the contract.
§ 4 Customer cooperation & data backup
1. The customer ensures that they hold all necessary rights to the materials provided (photos, logos, etc.) and that these do not infringe third-party rights.
2. Important for IT support: For IT services or interventions in existing systems, the customer is obliged to create a complete data backup (backup) before work begins. The Provider is not liable for data loss resulting from the customer’s failure to back up data.
§ 5 Usage rights & AI-specific notes
1. Upon full payment, the customer receives a non-exclusive right of use for the agreed purpose (private or commercial as stated in the offer).
2. AI notice: When generative AI is used, no warranty can be given regarding the copyright protectability of the result under German law. Technically induced deviations (artifacts, variations) are inherent to the systems and do not constitute a defect.
§ 6 Fees & payment terms
1. Tax note: The Provider is exempt from VAT as a small business according to § 19 UStG; VAT is not shown on invoices.
2. Payment method:
- Digital creative services: usually provided against advance payment. Production starts after payment is received.
- Project & IT services: provided according to individual agreement (e.g. deposit or milestones). Billing is based on invoice issuance.
3. Due date: Unless otherwise agreed, invoices are payable in full within 14 days of receipt without deduction.
§ 7 Delivery & turnaround time
1. For standard creative services, turnaround time is approx. 3–5 business days after payment and receipt of all required materials.
2. For web design or branding projects, individual schedules are agreed. Delays caused by missing cooperation from the customer or outages of third-party tools (e.g. AI servers) extend deadlines appropriately.
§ 8 Warranty & liability
1. In case of technical errors (e.g. corrupted file), the Provider will fix them free of charge. Changes requested after acceptance or deviations from the original briefing are subject to additional costs.
2. The Provider is liable only for intent and gross negligence. In the case of slight negligence, liability is limited to the typical, foreseeable damage.
§ 9 Right of withdrawal
As the services are produced according to the customer’s specifications, there is no right of withdrawal pursuant to § 356(5) BGB once performance has begun with the customer’s express consent before the end of the withdrawal period.
§ 10 Data protection
Personal data is processed in accordance with the GDPR. Transmitted files are deleted 30 days after project completion unless reference use has been agreed. For details, please refer to the Privacy Policy.
§ 11 Final provisions
1. German law applies.
2. Place of jurisdiction: If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the Provider’s place of residence. For consumers, the statutory provisions apply.
3. If individual clauses are invalid, the remainder of the contract remains unaffected.