General terms and conditions
Applicable to the business relationships between:
Customer (hereinafter also referred to as "Client"):
Hitmaker Distro (hereinafter also referred to as "Contractor" or "Hitmaker Distro")
1. subject matter of the contract
Hitmaker provides a platform specialized in music trading and marketing and provides other related services. This contract defines the tasks and obligations between the client and the contractor.
Hitmaker stops the respective audio and audio-visual recordings (hereinafter "recordings") at the Internet portals selected by the customer (see separate online shop list) and takes over the marketing of these recordings with their partners on the basis of the present terms and conditions.
The recordings in the sense of these AGB are sound recordings and combined sound/image recordings (e.g. music videos), as well as with it connected further contents as for example Artwork (summarized also "contents" mentioned), which the customer conveys after consent to this agreement according to the defaults of Hitmaker Distro. Hitmaker Distro reserves itself to reject conveyed material after own discretion, in particular if this probably offends against penal regulations or touches rights third.
2. credits and disbursements
The statements are made available to the customer online, and the customer has the option of accessing them at any time in his account.
Credits of the net receipts take place in each case on the first day of the month on the Hitmaker Distro account of the customer. As soon as the payment was credited to the account, the total amount or any partial amounts can be debited.
The settlement includes and takes into account all monies received prior to the settlement date. Payments of more than CHF/EUR 30.00 can be made directly in the customer's online account at any time. Payments are made via bank/postal account or PayPal. When the customer account is closed, the remaining amount is paid to the customer within 10 days of the last invoice date.
Bank charges or other costs incurred in the course of these transactions shall be borne by the customer.
The customer expressly agrees that Hitmaker Distro is authorized to debit any taxes or costs incurred in connection with the services of Hitmaker Distro directly from his Hitmaker Distro account.
3. grant of rights
The customer grants Hitmaker Distro for the territories chosen by the customer all rights necessary for the digital marketing of the contractual recordings and other contents.
In particular, Hitmaker Distro is entitled to make the recordings available in all today's and future known formats for distribution to end customers in all media, in particular to the Internet portals selected by the customer to transmit. The end customer may be granted the right (if and to the extent applicable) to store the recordings on all storage media for the purpose of updating the data or making a backup copy.
Hitmaker Distro is also entitled to distribute clips as an excerpt of a recording with a playing time of usually 30 seconds (or in certain cases also shorter or longer) for test listening or evaluation purposes in order to promote the sale of the contents. In addition, Hitmaker Distro is entitled to edit the recordings and other content, as far as this is necessary to fulfill the purpose of the contract.
Hitmaker Distro is also entitled to transfer the transferred rights in whole or in part to third parties. The customer grants Hitmaker Distro for the duration of the contractual relationship the right to sell, reproduce, distribute and otherwise use the recordings or the accompanying material in whole or in part or to utilize them using all aids and media and in the online shops selected by the customer (e.g. iTunes).
The customer is not entitled to grant rights and obligations from this contract to third parties.
The customer must ensure that, in the event that several companies are commissioned, the recordings are not transmitted simultaneously by different providers to the same online shops. As soon as Hitmaker Distro has transmitted the recordings for distribution to the selected online shops, the customer bears the responsibility that the same recordings are not transmitted by third parties to the same online shops.
The customer undertakes to provide true and complete information. With underage customers the legal representatives have to accept the AGB. The client also undertakes to inform the contractor immediately about the changes of all personal data necessary for the handling of the contract, in particular the name, first name, address, email, phone number and bank details.
The customer guarantees to be entitled and able to enter into this contract, to fulfil it and to transfer the necessary rights.
With the creation of an account or the publication of a release on Hitmaker Distro the customer accepts this contract. With the acceptance of this contract (AGB for Hitmaker Distro-Accounts) the customer confirms that he has all rights to the recordings and other contents and gives his agreement to the present conditions.
4. settlement and set-off
The invoices made available online to the customer shall be deemed accepted if they are not objected to in writing stating the reasons within 30 days of delivery.
The customer expressly agrees that Hitmaker Distro is authorized to collect any taxes, duties, fees or any costs incurred in connection with the services of Hitmaker Distro directly from the Hitmaker Distro account of the customer.
5. declarations of consent and digital duplication
The customer is subject to the unlimited obligation,
a) to ensure the existence of all declarations of consent by artists, performers, producers and other third parties (e.g. photographers, directors, graphic artists etc.) as well as all comparable permits which may be required for the evaluation of license contents under this contract in individual cases, and
b) to make all payments to artists, performers, producers and other third parties (e.g. photographers, directors, graphic artists, etc.) to which a claim exists on the basis of the exploitation and use of the Licensed Content, including cover artwork, metadata and other material provided.
The customer must ensure that the recordings and other content made available are free of third-party rights and that the contractor does not infringe any third-party rights in connection with this contract or could be held liable for such an infringement.
When offering third party trademarks and other contents of third parties, the client must have the express right to represent these trademarks or contents and to dispose of these contents.
6. duration of contract
The contract comes into force with the opening of an account on HitmakerDistro.com. It is concluded for an indefinite period and can be terminated in writing at any time. However, the customer is aware that it takes a certain time until the recordings and other content from the relevant portals are removed. The obligation to secrecy remains beyond the termination of the contract.
7. force majeure
No delay or failure of either party to perform any of its respective obligations under this Agreement shall be deemed a breach of this Agreement or a cause of liability to the other party if and to the extent that such delay or failure is caused by circumstances beyond its reasonable control (Force Majeure).
8. limitation of liability
The liability of the contractor is excluded to the extent permitted by law. In particular, liability for indirect and consequential damages, loss of profit, loss of business, loss of income and loss of company or brand value or other impairments is excluded.
Furthermore, the customer is aware that the digital distribution is dependent on technical circumstances, on which New Wave Distro in individual cases has no influence. Thus Hitmaker Distro rejects in particular every liability in connection with the availability or non-availability of the recordings and other contents on the distribution portals.
If Hitmaker Distro gets knowledge of the fact that this contract touches or violates rights of third parties or criminal regulations, Hitmaker Distro is entitled to retain a possible credit of the customer account until the clarification of the legal situation and to offset with possible compensation claims of third parties, regardless of whether there is already a final judgement. Hitmaker Distro is also entitled to use a corresponding balance to cover its own expenses in connection with the defense of third party claims.
The customer exempts Hitmaker Distro and its contract partners, owners and employees from all possible claims of third parties, as well as from costs of prosecution or defense of rights of third parties, provided that these claims are related to this contract. This exemption contains in particular lawyer and court costs, claims for damages and claims for payment from license analogy or copyright violations. Hitmaker Distro informs the customer immediately in case of the claim or action. The customer is obliged to defend Hitmaker Distro at his own expense and with Hitmaker Distro's designated legal counsel, if this is desired by Hitmaker Distro.
9. data protection
Hitmaker Distro is committed to privacy. For this reason, Hitmaker Distro has established the following guidelines for the use of data:
a) Hitmaker Distro will transmit data of the customer to third parties only for the purposes necessary for the fulfilment of the contract.
b) Hitmaker Distro will not sell personal customer data to third parties.
c) Hitmaker Distro assures to treat the personal data of the customers confidentially and to secure these by suitable measures against the access of third parties.
d) Hitmaker collects and uses personal data exclusively within the framework of the provisions of data protection law of the Federal Republic of Germany, and only if these are necessary for the use of Hitmaker Distro offers.
e) Every internet browser automatically transmits data to the web server of Hitmaker Distro when accessing this website for technical reasons. This includes the date and time of access, URL of the referring website, retrieved file, amount of data sent, browser type and version, operating system and your IP address. These data are stored separately from other data, which are transmitted by the customer in the context of the use of the offer to Hitmaker Distro, stored. An assignment of these data to a certain person is not possible. This data is only evaluated for statistical purposes and then deleted.
f) If between the customers and Hitmaker Distro a contractual relationship is to be established, content or changed, Hitmaker Distro collects and uses personal data of the customers, as far as this is necessary for these purposes.
g) By order of the responsible authorities, Hitmaker Distro is obliged in individual cases by law to provide information about these data (inventory data), as far as this is necessary for purposes of criminal prosecution, danger prevention or to enforce intellectual property rights.
h) Hitmaker Distro collects and uses personal data of the customers, as far as this is necessary to enable the use of the Internet offer of Hitmaker Distro or to bill (usage data). This includes in particular features to identify the customer and information at the beginning and end and the scope of use of the offer of Hitmaker Distro.
i) If the customer has booked an additional service throughHitmakerDistro.com, Hitmaker Distro will pass personal data to the processing of these additional services to the contract partner (service provider). Hitmaker Distro takes care that the respective contract partners also treat these data confidential.
j) In order to extend the functionality of the New Wave Distro website and to make it more convenient for customers to use, Hitmaker Distro uses so-called cookies. With the help of these cookies, data can be stored on the customer's computer when calling up the website. The customer has the possibility to prevent the storage of cookies on the computer by appropriate settings in the browser. This could, however, limit the functionality of the Hitmaker Distro offer.
k) The customer of the Internet offer has the right to demand information from Hitmaker Distro about the stored personal data. At the request of the customer the information can be given electronically.
10. confidential information
Neither party shall be entitled to disclose confidential information of the other party to any third party, unless that party is required by law or regulation to do so, or the party that disclosed the confidential information expressly consents to disclosure by the other party on a case-by-case basis.
11. amendment of these GTC / price list
Hitmaker Distro reserves the right to change these terms and conditions or the price list at any time and without giving reasons. The changed conditions are transmitted to the customer by email two weeks before their coming into effect. The customer has the right to cancel this contract within a period of two weeks after receipt of this communication. If the customer does not cancel within two weeks after receipt of the email, the changed conditions are considered as accepted conditions.
12. other provisions
Should the General Terms and Conditions contain contradictions or gaps, it shall be determined on the basis of purpose, meaning and spirit as well as the principle of good faith and the mutual interests of the parties which regulation appears to be appropriate. In the event of amendments to the General Terms and Conditions of Business, in the event of contradictions, what has been determined later shall take precedence over what was previously agreed. Should any of the provisions be or become invalid, this shall not affect the validity of the remaining provisions.
This Agreement shall be governed by and construed in accordance with the laws of Switzerland, without giving effect to its conflict of law provisions. Place of jurisdiction is Lachen (Switzerland). This also applies if the portal and/or the services of Hitmaker Distro are used outside of Switzerland.
Status: May 25, 2018
All prices may vary due to discounts. All prices are exclusive of VAT.
You receive 85% of the income.
Current fees for booking additional services can be found on theHitmakerDistro.com website at the bottom of the corresponding service.