The FILM DATA BOX is a technology consisting of hardware and software for the data management of audiovisual data. Provider of the FILM DATA BOX including database is transfermedia production services GmbH, registered at the district court Potsdam under HRB 28084 / Ust.-IdNr. DE300501456 (hereinafter “transfermedia”).
The use of the FILM DATA BOX is only permitted in accordance with the following conditions. Contractual conditions contrary to these GTC will not be accepted by transfermedia, even if transfermedia has not expressly declared the rejection of contrary contractual conditions in individual cases.
I. Definitions
1. transfermedia’s customers are hereinafter referred to as companies in the film and media sector or natural persons (e.g. data wranglers) who become transfermedia’s actual contractual partners and who decide to purchase or rent the FILM DATA BOX. These customers also register for an account. 2.
2. An account is the area of the FILM DATA BOX database administered by the respective customer’s employees and secured with customer-internal passwords.
3. Users: A maximum of two users can access a customer account with their own combination of user name and password (persons authorised to access). The customer account as well as access data will be provided to the customer by transfermedia.
4. The user who created and activated the customer’s account during the registration process shall be the production administrator. This user can set up, manage and delete projects as well as activate, manage and delete users of the FILM DATA BOX app (tablet).
II. Scope of application/scope of the service/product environment
FILM DATA BOX is primarily aimed at companies in the professional film and media sector, but can be used by individuals. Customers can create projects via a web browser and use the FILM DATA BOX itself to name, copy, save, transcode and send audiovisual data to a target address via the Internet. All project data and metadata of the AV data are saved on transfermedia’s FILM DATA BOX database. The AV data itself is only stored locally on the RAID memory of the FILM DATA BOX or the integrated LTO.
Transfermedia provides access to the FILM DATA BOX database on a web server via the Internet within the scope of these GTC. On the web server and on the FILM DATA BOX itself, only metadata on individual AV files and projects are stored. These are secured by transfermedia against external access.
Transfermedia does NOT provide its own data storage within the FILM DATA BOX for the storage of video and sound data. Transfermedia accepts no liability for loss, theft, damage or other impairment of the customer’s data stored on external data media.
The technical requirements on the part of the customer to be able to access the FILM DATA BOX database via the Internet do not fall within the scope of transfermedia’s responsibilities.
The use of the FILM DATA BOX is only possible with the hardware and software supplied by transfermedia. Changes made to the hardware and software by the customer independently or by third parties will result in a complete loss of any warranty by transfermedia.
The FILM DATA BOX database user interface is accessible via standard internet browsers. The FILM DATA BOX is controlled exclusively via these commercially available Internet browsers.
In the event of the development of a newer version of the software on which FILM DATA BOX is based, transfermedia is entitled to replace the software which is the subject of the contract with the new version. The customer will be informed about any upgrades in due time.
III. Registration and activation
In order to use FILM DATA BOX, clients must register for an account. The registration process can be carried out independently by the customer after the rental or purchase contract.
The following mandatory information must be provided for registration:
– Username (freely selectable)
– e-mail address
– Password (freely selectable)
– Company name
– First name and surname of the person authorised to access the website.
Registration applications are only accepted from legally competent natural or legal persons as well as partnership companies. If the user is a company, the registration must be made by an authorised representative of the user.
Customers are responsible for the accuracy and timeliness of the registration details and any subsequent changes must be updated without delay.
transfermedia will check the registration application and, in the event of acceptance, will send an e-mail with a link which the user can use to activate his FILM DATA BOX account. There is no obligation on the part of transfermedia to activate the account. The activation can be refused without giving reasons.
IV. Data protection
For the use of the FILM DATA BOX the customer takes note of our data protection regulations (viewable under www.filmdatabox.com) in addition to the consent to the general terms and conditions.
V. Protection of your user account
Clients are responsible for ensuring that their access data (email address and password) are not accessible to unauthorised persons. If a customer loses control of a password or if it is compromised for any reason, the customer is obliged to notify transfermedia immediately and to change the password.
VI. Price and payment
The FILM DATA BOX can be rented or purchased by legally competent natural or legal persons as well as partnership companies. The price and scope of delivery specified in the rental or purchase agreement between transfermedia and the customer shall apply.
Payment shall be made by invoice. If the customer does not pay within two weeks, a dunning procedure will be initiated. If the customer also fails to pay within 2 months, this shall be deemed to be a withdrawal from the rental or purchase contract. In this case the customer is obliged to pay the currently valid rental price for the period of 2 months to transfermedia.
Invoicing shall take place either in electronic form or on paper and shall be sent by e-mail or by post.
VII. Duties of the user
Clients are not authorised to use any mechanisms, software, hardware or scripts in connection with FILM DATA BOX which could interfere with its operation.
For security reasons, the user names and passwords of users who can access the customer’s account must be kept secret and changed at regular intervals, so that the risk of external access to the site is minimised. transfermedia is not liable for the loss of data if the combination of user name and password has fallen into unauthorised hands. If the user becomes aware of unauthorised access to the FILM DATA BOX account, he must inform transfermedia of this immediately.
Invoices and notifications issued by transfermedia must be checked by the user without delay and, if necessary, a complaint must be made immediately.
VIII. Availability
1. availability in case of rental
In the case of a rental, the FILM DATA BOX is available to the customer for use 24/7 for the rental period, but remains the property of transfermedia. The rental customer is in particular obliged
– not to make any unauthorised changes to the hardware and software.
– not to open the FILM DATA BOX independently
– not to carry out any independent repairs in whole or in part on the FILM DATA BOX.
– not to expose the FILM DATA BOX and/or other parts included in the scope of delivery to extreme heat or cold (above 30 degrees Celcius, below 20 degrees Celcius), moisture, massive dust and/or pollution
– to handle the FILM DATA BOX and/or other parts included in the scope of delivery properly.
In the event of a breach of these obligations, transfermedia is entitled to charge the rental customer for the FILM DATA BOX in full. Claims for damages are reserved by transfermedia.
2. availability in case of purchase
In the event of a purchase, the FILM DATA BOX will become the property of the customer in its entirety. With the purchase a warranty of 24 months is ensured by transfermedia. This warranty does not apply if
– The customer makes unauthorised changes to hardware and software.
– The customer opens FILM DATA BOX and tablet independently
– The customer has carried out independent repairs in full or in part
– The FILM DATA BOX and/or other parts included in the scope of delivery have been exposed to great heat or cold (above 30 degrees Celsius, below 20 degrees Celsius), wetness, massive dust and/or pollution.
– The customer has treated the FILM DATA BOX and/or other parts included in the scope of delivery improperly (e.g. by strong impact, falling down, etc.). 3.
3. availability of the FILM DATA BOX database
The FILM DATA BOX database is generally available to the user 24 hours a day, 7 days a week. Transfermedia guarantees an availability of the platform of 98 percent per annum. However, restrictions or impairments of the services provided may arise which are beyond the control of transfermedia. These include, in particular, actions of third parties not acting on behalf of transfermedia, technical conditions of the Internet beyond transfermedia’s control, and force majeure. Similarly, the hardware and software or technical infrastructure (e.g. DSL connection) used by the user may also have an influence on the use of the FILM DATA BOX database. Insofar as such circumstances influence the availability or functionality of the FILM DATA BOX, this has no effect on the contractual conformity of the service provided by transfermedia or the guaranteed availability of FILM DATA BOX.
4. maintenance work
From time to time it is necessary to carry out maintenance work on the FILM DATA BOX server. For this purpose, transfermedia may temporarily suspend or restrict the operation of the FILM DATA BOX database, taking into account the interests of the customer. transfermedia will announce the maintenance work in advance and, as far as possible, carry it out at times of low usage (weekends, at night). Should longer temporary service suspensions or restrictions be necessary, transfermedia will inform the customers in advance of the type, extent and duration of the impairment, insofar as this is objectively possible under the circumstances and the notification would not delay the elimination of interruptions that have already occurred.
IX. Liability
Except in the event of a breach of material contractual obligations, transfermedia shall only be liable for damages if and to the extent that transfermedia, its legal representatives, executive employees or other vicarious agents are guilty of intent or gross negligence. In the event of a breach of material contractual obligations transfermedia shall be liable for any culpable conduct of its legal representatives, executive employees or other vicarious agents. Material obligations are those the fulfilment of which characterises the user relationship and on which the user may rely.
Except in the case of intent or gross negligence on the part of legal representatives, executives or other vicarious agents of transfermedia, liability is limited to the amount of damages typically foreseeable at the time of conclusion of the contract.
Liability for compensation of indirect damage, in particular for loss of profit, loss of time and standstill of productions is expressly excluded.
The aforementioned exclusions and limitations of liability do not apply in the case of the assumption of express guarantees by transfermedia and for damages arising from injury to life, body or health as well as in the case of mandatory statutory regulations.
X. Hotline /Support
transfermedia offers telephone support within business hours. This support is covered by these GTC.
In addition, transfermedia offers to organise workflow seminars and training courses at the customer’s premises. Place and time are to be agreed with transfermedia in each individual case.
XI. Security of the connection and data backups
Communication with the FILM DATA BOX database server is via a secure HTTPS connection. A backup of the customer’s project metadata is not carried out by transfermedia. The customer may store this data externally himself. transfermedia accepts no liability for any loss of metadata.
XII. Final Provisions
All declarations transmitted within the framework of the purchase or rental agreements to be concluded with transfermedia must be made in writing or by e-mail.
transfermedia reserves the right to amend these GTC at any time and without stating reasons. The amended terms and conditions shall be sent to the users by e-mail at least two weeks before they come into force. If a user does not object to the validity of the new GTC within two weeks after receipt of the e-mail, the amended GTC shall be deemed to be accepted. transfermedia shall separately draw the members’ attention to the significance of this two-week period in the e-mail containing the amended terms and conditions.
If any provision of these GTC is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced by a provision that comes as close as possible in economic terms to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any loopholes.
The General Terms and Conditions of FILM DATA BOX are subject to the substantive law of the Federal Republic of Germany. The place of jurisdiction is Potsdam.
