Terms & Conditions
§ 1 Scope and definitions
(1) These General Terms of Business ("Terms") apply to the business relationship between Anait Sagoyan, trading as Detached Astronauts, Küstriner Straße 26, 13055 Berlin, Germany ("Contractor") and the client ("Client"). They become part of the contract where the Contractor has referred to them, the Client has had a reasonable opportunity to take note of their content, and the Client agrees to their application. The Client may download, print, and store this text.
(2) A consumer within the meaning of § 13 of the German Civil Code (BGB) is any natural person who concludes the contract for purposes that are predominantly outside their trade, business, or profession. An entrepreneur within the meaning of § 14 BGB is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade, business, or profession. Where these Terms distinguish between consumers and entrepreneurs, the relevant provisions apply accordingly.
(3) Deviating, conflicting, or supplementary terms of the Client do not become part of the contract unless the Contractor has expressly agreed to their application in text form. This applies even where the Contractor performs the service without reservation in the knowledge of the Client's terms.
(4) "Media files" within the meaning of these Terms are all products created by the Contractor, regardless of the technical form or medium in which they were created or exist (including but not limited to video files, film footage, edited films, photographs, audio, graphics, and animations).
§ 2 Formation of the contract and scope of services
(1) The Contractor provides services in the field of film, video, and media production, in particular concept development, production, direction, filming, editing, post-production, and delivery of media files. The specific scope of services results from the individual offer or order confirmation.
(2) On the website detachedastronauts.com, the Client can obtain information about the Contractor's range of services. Presentations on the website and in portfolios are non-binding descriptions of services and do not constitute a binding offer.
(3) Offers and cost estimates of the Contractor are non-binding unless they are expressly designated as binding or contain a specific acceptance period. A contract is concluded when the Contractor confirms the order in text form (e.g. by email) or begins performance of the service.
(4) The Contractor is entitled to engage third-party service providers and vicarious agents (e.g. camera operators, editors, composers, studios) to perform parts or all of the services. The Contractor remains the Client's contractual partner.
§ 3 Client's duty to cooperate
(1) The Client shall provide the Contractor, in good time and free of charge, with all information, materials, briefings, and approvals required for the performance of the service.
(2) The Client is responsible for ensuring that all necessary rights, permissions, and releases exist for content, locations, persons, brands, products, music, or other materials provided by the Client or requested to be filmed — in particular the consent of persons appearing (model releases), permissions for filming locations (property releases), and licences for third-party works. The Client indemnifies the Contractor against third-party claims arising from the fact that such rights or permissions did not exist, unless the Contractor is responsible for the infringement.
(3) If the Client fails to fulfil duties to cooperate, or fails to do so on time, any resulting additional expenses and delays shall be borne by the Client.
§ 4 Changes to the order; additional services
(1) Any change to or extension of the agreed scope of services (e.g. additional shooting days, additional revision rounds, changed delivery formats) requires an agreement in text form. Additional costs arising from this shall be borne by the Client. Where possible, the Contractor will inform the Client of expected additional costs in advance.
(2) Events of force majeure (e.g. severe weather, illness, official orders, epidemics/pandemics, strikes, energy or material shortages) entitle the Contractor to postpone the order for the duration of the hindrance plus a reasonable start-up period. This does not give rise to a claim for damages by the Client. The Client's statutory rights of termination in the event of a prolonged hindrance remain unaffected. In the event of illness of the Contractor, the Client is additionally entitled to withdraw from the order; partial services already provided shall be remunerated pro rata. This specific illness rule prevails over the general force majeure rule.
§ 5 Deadlines and delivery
(1) Delivery times result from the agreements between the parties. Unless otherwise agreed, performance takes place by the agreed target date. Stated deadlines are only binding if they have been expressly confirmed as binding in text form.
(2) If non-compliance with the delivery time is due to force majeure or other events not attributable to the Contractor, the delivery time is extended appropriately. The Contractor will inform the Client of the beginning and end of such circumstances without undue delay.
(3) Delivery of the media files takes place in digital form, either by provision in a cloud, on a portable SSD, or on a USB stick, as agreed. Any costs for physical data carriers shall be borne by the Client unless otherwise agreed.
§ 6 Approval and revisions
(1) After completion of the basic edit, the Contractor provides the Client with a preview version for approval. Unless otherwise agreed, the offer includes one revision round of reasonable scope. Further revision rounds or changes going beyond the agreed concept are charged separately according to the agreed rates.
(2) The Client shall notify requested changes collectively and in text form within the period stated by the Contractor. If the Client does not respond within a reasonable period set by the Contractor — which shall be at least seven calendar days — the respective version is deemed approved, provided the Contractor expressly informed the Client of this consequence when providing the preview version.
(3) After final approval, subsequent change requests constitute a separate order and are remunerated separately.
§ 7 Prices and payment terms
(1) Remuneration for film and media production is charged as an hourly rate, a daily rate, or an agreed flat fee, as set out in the offer. Ancillary costs such as travel expenses, per diems, props, studio rental, licence fees, and costs of third-party service providers shall be borne by the Client unless otherwise agreed.
(2) Where the Client is an entrepreneur, all prices are net prices plus statutory value added tax (VAT) at the applicable rate (currently 19%), unless a specific exemption applies; VAT is shown separately on the invoice. Where the Client is a consumer, prices are stated as total prices including statutory VAT.
(3) Unless otherwise agreed, the Contractor is entitled to request an appropriate advance payment or partial payments in line with project progress. For larger projects, an advance payment of up to 50% of the agreed fee may be agreed.
(4) Unless otherwise agreed in the contract, payments are due without deduction within 14 calendar days of the invoice date. If the Client is a consumer, default of payment occurs at the latest 30 days after receipt of the invoice, provided the Client has been informed of this consequence in the invoice. The statutory provisions on default apply.
(5) Available payment methods are bank transfer and, where offered, other methods communicated by the Contractor.
§ 8 Cancellation by the Client; cancellation fees
(1) If the Client cancels a confirmed order or an agreed shooting date, the following applies without prejudice to any statutory right of withdrawal of consumers (see § 9): the Contractor retains the claim to the agreed remuneration less saved expenses and less any amounts the Contractor acquires or wilfully fails to acquire through other use of its labour.
(2) By way of lump-sum settlement, and subject to paragraph (3), the Contractor may charge the following cancellation fees in relation to booked production/shooting capacity, calculated by reference to the agreed start time of the affected booking: cancellation received more than 14 calendar days before the start time — free of charge; from the 14th calendar day up to and including the 7th calendar day before — 25% of the agreed fee for the affected service; from the 6th calendar day until more than 48 hours before — 50%; 48 hours or less before — 75%. Costs already incurred for third-party services, travel, or bookings that can no longer be cancelled shall be reimbursed in full in addition. These lump sums do not apply where and insofar as the Client validly exercises a statutory right of withdrawal under § 9; in that case, the statutory rules on compensation for services already provided apply.
(3) The Client is at liberty to prove that the Contractor incurred no damage or significantly less damage than the above lump sums.
§ 9 Right of withdrawal for consumers
(1) If the Client is a consumer (§ 13 BGB) and the contract is concluded exclusively by means of distance communication (§ 312c BGB) or off-premises (§ 312b BGB), the Client has a statutory right of withdrawal, about which the Contractor informs as follows:
Withdrawal instruction (Widerrufsbelehrung)
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Anait Sagoyan, Detached Astronauts, Küstriner Straße 26, 13055 Berlin, Germany, phone: +49 176 62802701, email: anait@detachedastronauts.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to the services already provided until the time you have communicated to us your withdrawal from this contract, compared with the full scope of the services provided for in the contract.
End of the withdrawal instruction
(2) Premature expiry of the right of withdrawal. The right of withdrawal expires if the Contractor has provided the service in full and only began performing the service after the Client gave their express consent to this and simultaneously confirmed their knowledge that they lose their right of withdrawal upon complete performance of the contract (§ 356 (4) BGB).
(3) No right of withdrawal exists for Clients acting as entrepreneurs (§ 14 BGB).
Model withdrawal form
(If you wish to withdraw from the contract, please fill out this form and return it to us.)
To: Anait Sagoyan, Detached Astronauts, Küstriner Straße 26, 13055 Berlin, Germany
Email: anait@detachedastronauts.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service:
Ordered on:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
§ 10 Rights of use and copyright
(1) The Contractor holds the copyright to the media files in accordance with the German Copyright Act (UrhG). The Client is granted rights of use to the agreed extent only.
(2) Unless otherwise agreed, upon full payment the Client receives the simple (non-exclusive), spatially and temporally unrestricted right to use the delivered final media files for the specific purpose stated in the order (e.g. use on the Client's own website and social media channels). Any use going beyond the agreed purpose — in particular exclusive rights, resale, sub-licensing, broadcast use, or use in paid advertising — requires a separate agreement and, where applicable, separate remuneration.
(3) The granting of rights of use is subject to the condition precedent of full payment of all the Contractor's claims arising from the respective contractual relationship. Until full payment, any use is provisional and revocable.
(4) The Contractor is entitled to be named as the author/producer in an appropriate manner. Unless expressly waived in text form, the Contractor may use the produced media files as a work sample for its own self-promotion (e.g. portfolio, website, showreel, social media). Publication of material featuring identifiable persons takes place only in compliance with applicable personality-rights and data-protection law; required consents of the persons shown remain unaffected by this clause.
(5) Raw data (unedited footage / project files) remains with the Contractor. The Client has no claim to the release of raw data unless this has been expressly agreed and separately remunerated.
§ 11 Third-party rights, music, and stock material
Where third-party materials (e.g. music, stock footage, fonts, graphics) are used in the production, they are licensed only to the extent agreed and for the agreed purpose. If the Client requires broader use, additional licences may be necessary, the costs of which shall be borne by the Client. The Contractor points out that licences for music and stock material are often limited to specific types of use.
§ 12 Retention and deletion of media files
The Contractor stores the media files with care. The Contractor is entitled, but not obliged, to delete stored media files (including raw data) after a period of three months following completion of the order. The Client is responsible for securing the delivered final files.
§ 13 Limitation of liability
(1) The Contractor is liable without limitation for damages arising from injury to life, body, or health, and for damages based on intentional or grossly negligent breach of duty by the Contractor, its legal representatives, or vicarious agents, as well as under the Product Liability Act and to the extent of any guarantee assumed.
(2) In the event of a slightly negligent breach of a material contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Client regularly relies), the Contractor's liability is limited to the foreseeable damage typical of the contract.
(3) Any further liability of the Contractor is excluded. In particular, the Contractor is not liable for the achievement of the Client's economic goals (e.g. advertising success, reach, sales).
(4) The above limitations of liability also apply in favour of the Contractor's legal representatives and vicarious agents.
(5) The Contractor is not liable for damage caused by force majeure or other events beyond its control (e.g. strikes, official orders, transport disruptions, technical failures not culpably caused, computer viruses or deliberate attacks on IT systems despite appropriate protective measures).
§ 14 Warranty / liability for defects
(1) The delivered media files have a defect if they do not have the contractually agreed quality and their suitability for the contractual use is thereby cancelled or reduced. An insignificant reduction in suitability is disregarded.
(2) Statements and explanations regarding the Contractor's services are to be understood exclusively as a description of the quality and not as a guarantee or warranty. Statements only constitute guarantees or warranties in the legal sense if they are made in text form and are expressly and literally designated as a "guarantee" or "warranty".
(3) For entrepreneurs, the limitation period for claims for defects is one year from delivery/acceptance, except in the cases of unlimited liability under § 13 (1). Statutory limitation periods apply to consumers.
§ 15 Availability of the website
The Contractor does not guarantee the permanent availability of the website detachedastronauts.com. Maintenance, updates, or disruptions may affect availability. The Contractor endeavours to keep the service continuously available and to carry out plannable maintenance at times of low use.
§ 16 Governing law, place of jurisdiction, and language
(1) The contract is governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
(2) If the Client is an entrepreneur, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is the Contractor's place of business (Berlin). The Contractor is also entitled to sue at the Client's general place of jurisdiction.
§ 17 Consumer dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) within the meaning of the German Consumer Dispute Resolution Act (VSBG).
§ 18 Data protection
In connection with the initiation, conclusion, performance, and reversal of a contract on the basis of these Terms, the Contractor collects, stores, and processes data within the framework of the statutory provisions. Details can be found in the Privacy Policy on detachedastronauts.com.
§ 19 Final provisions
(1) Amendments and supplements to the contract or to these Terms must be made in text form. This also applies to any waiver of this text-form requirement.
(2) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.
§ 20 Status of these Terms
Berlin, 07.08.2026