Production Terms & Conditions

Terms and Conditions for Production Undertaking

These terms and conditions were last modified on 13-10-2022. You can download a copy here.

ARTICLE 1. GENERAL DEFINITIONS AND TERMS

In these general definitions and terms, the following definitions are used as follows, unless explicitly stated otherwise:

Sensis Media (Athanasios Karatziotis | Sensis Media Productions): The author of these general terms and conditions, with VAT number 113972063, located at Choniati 2, Toumba, Postal Code 54454.

Client: The counterparty of Sensis Media.

Agreement: any mutual acceptance regarding the provision of services/goods by Sensis Media.

Productions: The services provided by Sensis Media and related matters. These include the agreement for video production, advice on ideas and communication, and other multimedia products, all in the broadest sense of the word, as defined in a document agreed upon by both parties and/or other documents deemed applicable.

Activities: The acceptance of service provision tasks or consultancy as mentioned above and/or delivery of goods, all in the broadest sense of the word and as stated in the order confirmation.

Conditions: These general terms and conditions of Sensis Media.

ARTICLE 2. GENERAL

1. These terms apply to every offer and agreement between Sensis Media and a client to whom Sensis Media has declared that these terms apply, unless the parties have explicitly and in writing deviated from these terms. Entering into an agreement with Sensis Media means that the client unreservedly accepts the application of these conditions.
2. These terms also apply to agreements with Sensis Media in the implementation of which third parties outside Sensis Media must be involved.
3. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid, the remaining general terms and conditions remain fully in force. Sensis Media and the client will then consult to agree on new provisions to replace the invalid provisions, preserving the purpose of the original provisions as much as possible.
4. If Sensis Media does not always require strict compliance with these terms, this does not mean that the provisions do not apply or that Sensis Media loses the right to enforce strict compliance with these terms in other cases.
5. If these terms and the agreement contain conflicting provisions, the terms specified in the agreement prevail. Any deviations from these terms apply only if explicitly agreed in writing and relate only to the specific agreement in which the deviations are mentioned.
6. The applicability of any purchase conditions or other terms of the client is expressly rejected.

ARTICLE 3. CONCLUSION OF THE AGREEMENT

1. The offers of Sensis Media are non-binding and revocable, unless a deadline for acceptance is specified in the offer. If no acceptance period is specified, no rights arise from the offer if the service or item to which the offer refers is no longer available in the meantime.
2. The offer to enter into an agreement may be made by Sensis Media both orally and in writing. Only after acceptance by Sensis Media and the client’s written order confirmation is it binding for Sensis Media.
3. If the production is commissioned verbally or if the signed order confirmation has not yet been returned, the agreement will be considered valid under these Terms and Conditions upon the client’s request to start the agreement’s tasks. If the client does not respond to the order confirmation content within 2 working days, the agreement will be deemed correct and complete, and the client and Sensis Media will be bound by its content.
4. Providing information or material to Sensis Media by the client for the execution of tasks will be equated with a request to start tasks as mentioned in paragraph 3 above.
5. Furthermore, all offers are based on the information provided by the client. In case of proven inaccuracies or omissions, the client cannot derive any rights from the accepted offer of Sensis Media. Sensis Media may withdraw from its offer, and the client must reasonably understand that the offer or any part thereof contains obvious error or errors.
6. The prices stated in the offer do not include VAT and other government levies; any expenses incurred under the agreement, including travel and accommodation, shipping, and handling costs, unless otherwise specified.
7. The documents, scripts, technical descriptions, drawings, calculations, scenarios, and film clips that are part of the offer, created by Sensis Media or according to its instructions, remain the property of Sensis Media. They may not be presented to third parties without Sensis Media’s consent. They also may not be copied or reproduced in any other way without Sensis Media’s permission. If no assignment is granted, these documents must be returned to Sensis Media within 10 working days upon request by Sensis Media.

ARTICLE 4. APPLICATION OF THE AGREEMENT

1. Sensis Media is obliged to perform the activities assigned to it as a good and careful contractor. All services of Sensis Media are implemented based on its obligation to act to the best of its ability unless a specific result is promised in writing and the result is sufficiently defined.
2. If, for proper execution of the agreement, assistance is required, Sensis Media has the right to assign certain activities to assistants, freelancers, and third parties. Sensis Media will exercise due care when engaging third parties.
3. Sensis Media is not liable for damages of third parties caused by their own fault and stipulates that any contract with Sensis Media includes the power to accept any liability limitations on behalf of the client.
4. The client must ensure that all data, which Sensis Media indicates as necessary or which the client must reasonably understand as necessary for the execution of the agreement, are provided to Sensis Media in a timely manner.
5. If the required data is not delivered to Sensis Media in time, Sensis Media has the right to suspend the agreement and/or impose additional costs on the client resulting from this delay. The execution period does not commence until the client has made all data available to Sensis Media.
6. If it has been agreed that the agreement will be executed in phases, Sensis Media may suspend execution of subsequent phase parts until the client has approved the results of the previous phase in writing.
7. Delivery of final products and goods takes place in the manner indicated by Sensis Media in the Agreement. If the client wishes to receive them differently, the additional cost associated with this wish is borne by the client.

ARTICLE 5. DELIVERY AND CHANGE OF PRODUCTION

1. Sensis Media will start the production of the agreed goods and/or services as soon as possible after receiving the necessary data, texts, or visual materials and will inform the client of the expected delivery time.
2. The delivery period indicated by Sensis Media is, unless deviated from in writing, indicative only. Delivery times are always approximate.
3. If it becomes apparent during execution that changes are necessary for proper execution and completion of the production, the parties will mutually modify the agreement.
4. If the agreement has been changed or supplemented, Sensis Media has the right to execute the first (change) once the contracting parties have agreed on all changes and/or additions, including the completion time, fees, and other terms. Failure to execute or immediate execution of the modified agreement does not constitute a breach by Sensis Media and is not grounds for termination or cancellation by the client.
5. If a fixed fee has been agreed, Sensis Media will state to what extent the change or supplement to the agreement will result in exceeding that fee.
6. Changes made to an already issued order may lead to Sensis Media exceeding the originally agreed delivery time. In that case, Article 10 paragraph 11 applies mutatis mutandis.
7. If the change involves a reduction of activities, Article 8 paragraph 4 applies.
8. If Sensis Media cannot fulfill its obligations within the agreed delivery times, Sensis Media may be notified in writing of default, granting Sensis Media at least 14 days to fulfill its obligations.
9. Sensis Media will offer a preview version of the final production, described as “Alpha Version.” After making this preview version available, there is room for one round of corrections. During this correction round, desired adaptations can be submitted to Sensis Media. Corrections can be declared up to ten working days after availability of the first version. Desired adaptations may incur additional costs for the client. However, adaptation requests must be considered reasonable. This includes corrections of titles, names, and minor substantial adjustments.

ARTICLE 6. FEES

1. Invoices, offers, and cost estimates are in euros and do not include VAT and other government levies.
2. If Sensis Media deems it desirable, it has the right to request a reasonable advance payment for the tasks to be performed. Sensis Media may suspend the start of production until the advance is paid or sufficient security is provided.
3. Payment is not dependent on the result of the assignment in any case. VAT is charged to the client.
4. If the client and Sensis Media have not agreed on a specific amount for a particular assignment or per calendar or financial year, the compensation will be based on the hourly rate and total time incurred by Sensis Media.
5. Sensis Media has the right to increase compensation at any time without the client being entitled to terminate the agreement for this reason if the increase arises from obligations under laws or regulations or due to increases, for example, in wages or other reasons that could not reasonably have been foreseen at the time of the agreement.
6. Additionally, Sensis Media may increase its fee during project execution beyond the originally agreed amount if the expected workload was underestimated at the time of contract conclusion and this is not attributable to Sensis Media. If the increase in this and the previous paragraph exceeds 10%, the client has the right to cancel the agreement with immediate effect. In case of an increase during the first three months after contract conclusion, the client may cancel the agreement regardless of the percentage of the increase.
7. All travel and accommodation expenses and costs for waiving music rights are considered additional costs and are not included in the offer unless otherwise stated. These are added separately to the final invoice. Sensis Media is not obliged to provide physical receipts to the client. Sensis Media applies a travel cost of €0.20 per kilometer. If production takes place on an island, ferry or flight tickets and possible hotel costs are additionally calculated.
8. The client is obliged to reimburse all other reasonable expenses incurred by Sensis Media during task execution.
9. Costs will be charged to the client, possibly increased by third-party or incurred expense statements, including turnover tax due per phase or after task completion.
10. Cancellation of a production within 48 hours before the start of tasks will be charged at 50% of the offered production cost and 25% of the equipment cost. Costs for cancellation of materials, equipment, freelancers, and services engaged by Sensis Media will be fully passed on to the client per the relevant terms.

ARTICLE 7. PAYMENT

1. Payment must always be made within 7 days from the invoice date, in the manner indicated by Sensis Media.
2. For agreements representing a value over €5,000.00 excluding VAT or tasks where Sensis Media must rent materials from third parties or incur third-party charges, the client is obliged upon agreement approval to pay a 50% advance of the total contract amount. After production completion, the client receives an invoice for the remaining 50%.
3. If the client does not pay the invoice within the stipulated deadlines, the client is legally in default. The client owes interest of 10% per month or part thereof, unless the statutory interest is higher, in which case the statutory interest applies. Interest on the owed amount is calculated from when the client defaults until full payment of the owed amount.
4. The client is never entitled to offset the amount owed to Sensis Media. Disputes about the amount of an invoice do not suspend the payment obligation.
5. If the client defaults or fails to (timely) fulfill its obligations, all reasonable extrajudicial collection costs are borne by the client. Extrajudicial costs are calculated per usual debt collection practice in Greece. However, if Sensis Media incurs higher collection costs that were reasonably necessary, actual expenses will be charged to the client. Any legal and enforcement costs will also be recovered from the client. The client also owes interest on the owed collection costs.

ARTICLE 8. DURATION AND TERMINATION OF AGREEMENTS

1. The agreement is concluded for a fixed period unless the agreement indicates it is for an indefinite period.
2. The client and Sensis Media have the right at any time to terminate an indefinite agreement by cancellation. No judicial intervention is required for this. The cancellation must be made by registered mail with a notice period of 2 (two) months.
3. A fixed-term agreement cannot be terminated prematurely unless there are urgent circumstances making it unreasonable for the client or Sensis Media to continue the agreement. This must be notified in writing to the other party. All this is subject to the client’s obligation to pay the full agreed fee.
4. If the client terminates the agreement early in whole or part by mutual consent per previous paragraphs, Sensis Media is entitled to compensation for the loss of completion and additional expenses incurred during execution. This does not apply if there are events or circumstances justifying early termination attributable to Sensis Media.
5. If one party is declared bankrupt, requests suspension of payment, or ceases operations, the counterparty may terminate the agreement without notice, without prejudice to its rights.
6. Sensis Media may suspend performance of obligations or dissolve the agreement if: (1) the client does not fully meet its obligations under the agreement; (2) after agreement conclusion, Sensis Media becomes aware of circumstances justifying fear that the client will not fulfill obligations; (3) if the client was required to provide security at contract conclusion and the security is not provided or insufficient; (4) if due to client delay, Sensis Media can no longer be expected to comply with the agreement under the originally agreed terms.
7. Sensis Media also has the authority to suspend issuance of documents, videos, digital files, or other items to the client or third parties until all due and payable claims against the client are collected in full.
8. If progress in executing or delivering the project is delayed due to default or force majeure on the client’s part, Sensis Media may charge the agreed amount without prejudice to its right to claim further costs, damages, and interest.
9. If the agreement is dissolved, Sensis Media’s claims against the client become immediately due and payable.

ARTICLE 9. MUSIC AND NARRATION RIGHTS

1. Some productions use one or more voice-over artists. The cost of the voice-over artist is not included in the offer unless otherwise stated. Unless agreed in writing otherwise, Sensis Media will add it separately to the final invoice.
2. For music used in video production or online, television, or other media advertisements, the client must pay royalty fees. The client is responsible for registering, compensating, and paying these copyright fees.
3. These copyright fees are not included in the offer. The amount of the fees is determined by the competent copyright organization.
4. Sensis Media may request an estimate of these expenses. The actual cost, as determined by the copyright organization, must be paid by the client to the respective organization.
5. Sensis Media aims to provide the client with all necessary data for managing rights administration.
6. If Sensis Media receives an invoice and/or royalty fee, the client must pay it. In such cases, Sensis Media will always charge a management fee of €250.00, unless there are other additional expenses.

ARTICLE 10. LIABILITY

1. Sensis Media will perform its activities in the best possible manner and will exercise due care. If an error occurs because the client provided incorrect or incomplete information, Sensis Media is not liable for resulting damages.
2. Sensis Media is not responsible for the content of materials provided by the client.
3. The client is liable for any damage Sensis Media may suffer as a result of negligence by the client in fulfilling its obligations under the agreement and these terms.
4. Production detail changes must be immediately communicated in writing to Sensis Media by the client. If the client fails to do so, the client is responsible for any damages incurred by Sensis Media.
5. In case of difficulty fulfilling the agreement, Sensis Media is liable only for replacement compensation, i.e., returning the value of the failed work.
6. Therefore, Sensis Media’s liability is limited to the compensation received by Sensis Media for its services under the agreement. For agreements with delivery times over six months, liability is further limited to a maximum of compensation for the last six months.
7. Additionally, Sensis Media’s liability is limited to the amount covered by its liability insurance for the respective case, plus the deductible. Sensis Media may offset any compensation obligation for damages against unpaid invoices and accrued interest and expenses.
8. These liability limitations do not apply in cases of gross negligence or intent by Sensis Media.
9. Sensis Media is not liable for persons engaged by Sensis Media upon the client’s instructions.
10. In case of liability, Sensis Media is responsible only for direct damage. For other direct and/or consequential losses (including, but not limited to, loss of profit, business interruption costs, loss of relationships, data loss, delivery time overruns), Sensis Media is not liable.
11. If the client and Sensis Media agreed on execution or assignment deadlines in the contract or during assignment execution, these terms ​​are, unless explicitly agreed otherwise in writing, considered indicative. Exceeding these time limits never results in non-fulfillment of Sensis Media’s obligations and therefore does not entitle the client to compensation and/or dissolution of the agreement. In case of exceeding a term, the client must notify Sensis Media in writing. Sensis Media must be granted a reasonable period to comply with the agreement after notification.
12. The client must notify Sensis Media in writing within one month from the date when the client discovered or could reasonably have discovered an error in the agreement execution and resulting potential damage.
13. If the notification in the previous paragraph is not made or is delayed, Sensis Media is not obliged to compensate for the damage suffered.
14. The client shall hold Sensis Media harmless for any third-party claims for damage restoration, costs incurred, lost profits, and other expenses connected in any way with the production execution by Sensis Media.
15. After twelve months from the service delivery date, any right of the client against Sensis Media for damages caused by deficiencies and/or errors during agreement execution expires.

ARTICLE 11. FORCE MAJEURE

1. Sensis Media is not obliged to fulfill any obligation to the client if prevented by events and situations not attributable to it or negligence.
2. Force majeure under these terms includes, in addition to those in law and case law, all external causes, foreseeable or unforeseeable, beyond Sensis Media’s control that render Sensis Media unable to fulfill its obligations. Examples include third-party obstructions, illness, strikes, power outages, transport, postal or telecommunications disruptions, network disturbances, infrastructure issues, and computer virus invasions. This list is not exhaustive.
3. Sensis Media may suspend obligations under the agreement during force majeure. If this period exceeds three months, either party may dissolve the agreement without compensation obligations to the other party for damages.
4. To the extent part of the agreement has been fulfilled by Sensis Media at the time of force majeure, Sensis Media may issue an invoice for services already rendered. The client is obliged to pay this invoice as a separate agreement.

ARTICLE 12. COMPLAINTS

1. The client must diligently investigate whether Sensis Media has properly fulfilled the agreement and must notify Sensis Media immediately upon discovery otherwise.
2. Complaints regarding services/products must be submitted by the client to Sensis Media in writing within 14 days of discovery, but no later than 30 days after delivery of the relevant service/product. The complaint must include as detailed a description of the problem as possible so Sensis Media can respond adequately.
3. If the complaint is valid, Sensis Media will deliver the services/items as agreed unless they are proven to be useless by the client. The latter must be communicated in writing by the client.
4. Agreement execution is considered valid between the parties if the client did not conduct the investigation or notification in a timely manner as stated in paragraph 1 of this article.
5. Sensis Media’s products/films are considered correct between the parties if the client uses or delivers the delivered goods to third parties, unless the client complied with the provisions of paragraph 1 of this article.
6. If execution of agreed activities or delivery of items is no longer possible or useful, Sensis Media is liable only within the limits of Article 10.
7. For final product delivery, Sensis Media will deliver an initial version (Alpha Version). Based on this version, the client has the right to submit one-time corrections or adjustments to Sensis Media. Such adjustment requests must be reasonable. This includes, for example, adjusting brand titles, other titles, and limited content or structure changes of the film. Adjustment requests must be communicated within five working days after initial version delivery.

ARTICLE 13. CONFIDENTIALITY

1. Sensis Media must keep confidential vis-à-vis third parties any confidential information acquired from the client, unless legislation, court order, or regulation requires otherwise. The client must grant an exception in such cases. Information is deemed confidential if disclosed by the other party or if it is clear from the nature of the information.
2. Without the client’s written consent, Sensis Media may not use confidential information for any purpose other than for which it was acquired. An exception is when Sensis Media acts in disciplinary, civil, or criminal proceedings where such information may be relevant.
3. Unless required by law or regulation or with prior permission from Sensis Media, the client may not disclose the content of reports, work, recommendations, or other texts and electronic files of Sensis Media to third parties.

ARTICLE 14. RETENTION OF OWNERSHIP

1. All products or service results created or delivered by Sensis Media under the agreement remain the property of Sensis Media until all amounts owed by the client are fully paid.
2. Sensis Media will store items entrusted to it by the client under agreement compliance with the care of a good custodian. However, Sensis Media is not liable for damage to items or file storage.
3. Sensis Media will store images, films, and other files for a maximum of two months. For an additional fee and agreement, Sensis Media may store this data for a longer period.
4. Sensis Media is not responsible for loss of images, films, or other files due to unforeseen circumstances such as computer failure, fire, burglary, or other unforeseeable events. Sensis Media is also not liable for damage to items or digital files entrusted to it for storage.

ARTICLE 15. INTELLECTUAL PROPERTY

1. Sensis Media retains rights and powers granted by copyright law. Ownership of works provided by Sensis Media, such as video productions, ideas, images, concepts, scripts, illustrations, test designs, etc., remains fully with Sensis Media. These may not be reproduced or edited without Sensis Media’s written permission.
2. It is possible to purchase intellectual property rights from Sensis Media. Through a licensing fee or remuneration, a legally agreed usage method for the client can be determined.
3. By commissioning usage, reproduction, or duplication of copyrighted or industrial property-protected materials, the client declares that no third-party rights are infringed and indemnifies Sensis Media in and out of court for all consequences arising from such use, modification, or reproduction.
4. Unless explicitly granted otherwise, the assignment does not include research into the existence of patent rights, trademark rights, design or model rights, copyright, or portrait rights of third parties. This also applies to research into the feasibility of such protections for the client.
5. Unless otherwise specified, Sensis Media is entitled at any time to reference or remove its name. Without prior permission, the client may not reproduce, publish, or copy without mentioning Sensis Media’s name.
6. Once the client fully complies with its obligations under the agreement with Sensis Media, it acquires an exclusive usage license for the work concerning publication and reproduction according to the agreed purpose. If no purpose has been agreed, the license is limited to usage for which plans were finalized at assignment issuance. These plans must be demonstrably communicated to Sensis Media before agreement conclusion.
7. The client receives a license from Sensis Media for copyrighted works produced by Sensis Media under assignment. This license applies only if the client meets the financial obligations related to the copyrighted work provision. The license applies only to the client or its legal successors. Licenses for music use are not covered by this provision. The client is responsible for obtaining necessary music licenses.
8. All works created by Sensis Media do not have, unless explicitly stated, usage licenses for outside Greece. Costs for obtaining licenses outside Greece are charged separately unless agreed in advance per industry standards.
9. The cost of obtaining third-party licenses for copyrighted material used under agreement execution rests with the client. Copyrighted material includes but is not limited to: fonts, software, corporate identity elements, photos, videos, images, and compositions. These costs are mandatory and the client is fully responsible for them.
10. The client is responsible for handling portrait rights of extras, interviewees, or other individuals or beneficiaries of a video production. The same applies to image rights, e.g., buildings, artworks, or locations. Costs for registering and paying these rights are the client’s responsibility and will be charged additionally unless agreed otherwise.

ARTICLE 16. APPLICABLE LAW

1. Greek law applies exclusively to all agreements between the client and Sensis Media.
2. If the parties have a disagreement due to the agreement, they will attempt to reach a solution through consultation.
3. If consultation does not lead to a solution, the parties may submit the dispute to the competent court, unless the law urgently dictates otherwise.

ARTICLE 17. SUPPLY AND AMENDMENT OF TERMS AND CONDITIONS

1. These terms are provided free of charge by Sensis Media upon request. They can also be read, copied, and stored via the website www.sensismedia.com
2. Always the latest recorded version or the version in effect at the time of the legal relationship establishment with Sensis Media applies.
3. The Greek text of the general terms and conditions is always definitive for interpretation and prevails over any other language.