Payment.

1. Scope

These payment terms apply to every invoice issued by 4REACT - Jan Niklas Wilhelm (“4REACT”), Wetzlarer Str. 24, 14197 Berlin, Germany, for agency, management, booking, publishing, marketing, media and creative services. They supplement our terms of service. Where an individual written agreement or proposal states something different, that agreement takes precedence.

A consumer is any natural person entering into the contract for purposes outside their trade, business or profession (§ 13 BGB). A business client is any natural or legal person or partnership acting in the exercise of their trade, business or profession (§ 14 BGB).

2. Due date

Invoices are due upon receipt without deduction, unless the invoice states a payment period or a different period was agreed in writing before the services began. Payment is made to the account shown on the invoice, quoting the invoice number as the payment reference.

Unless the client specifies otherwise when paying, payments are allocated in accordance with § 366 BGB.

Please check every invoice on receipt. Objections should be raised in writing without undue delay so that we can correct errors quickly.

Invoices are issued electronically and are valid without a signature.

3. Late payment and default interest

If payment is not made by the due date, statutory default rules apply. Default interest accrues from the due date, in the case of business clients without the need for a reminder.

Business clients: default interest of 9 percentage points per annum above the base rate of the European Central Bank applies, pursuant to § 288 (2) BGB. In addition, 4REACT is entitled to a flat-rate compensation of EUR 40.00 per reminder notice pursuant to § 288 (5) BGB. This flat rate is credited against any claim for legal costs.

Consumers: default interest of 5 percentage points per annum above the base rate of the European Central Bank applies, pursuant to § 288 (1) BGB. The flat-rate compensation of EUR 40.00 does not apply to consumers. Consumers fall into default at the earliest thirty days after the due date and receipt of the invoice, and only where the invoice itself gave notice of that consequence. Our invoices carry this notice (§ 286 (3) BGB).

Clients outside Germany: the same rates apply, unless mandatory statutory provisions at the client’s place of residence or business prescribe a higher rate, in which case the higher rate prevails. The right to claim further damages caused by the delay remains unaffected.

4. Retention of title and usage rights

All work results and materials created in connection with an engagement remain the property of 4REACT until the corresponding invoice has been paid in full. This includes, but is not limited to, recordings, film and photographic footage, raw and master files, design, artwork and campaign assets, project and working files, and strategy, planning and production documents.

Rights of use of any kind — in particular rights of publication, reproduction, broadcast and commercial exploitation — transfer to the client only upon receipt of full payment. Until then, any use is permitted revocably only.

Until payment has been received in full, 4REACT may withhold deliverables and suspend ongoing services pursuant to § 273 BGB. Where both parties are merchants, the commercial right of retention under § 369 HGB applies in addition. We will inform the client before exercising this right.

5. Set-off and assignment

Business clients may set off only claims that are undisputed or have been established with final legal effect, and may exercise a right of retention only where their counterclaim arises from the same contractual relationship. For consumers, the statutory provisions apply without restriction.

6. Value added tax

Invoices state the applicable German value added tax. For services supplied to businesses in other EU member states, the reverse charge procedure applies where its requirements are met; VAT liability then transfers to the recipient pursuant to Art. 196 of Council Directive 2006/112/EC (§ 13b UStG). Our VAT identification number is DE360143981.

7. Right of cancellation for consumers

Consumers entering into a distance contract or a contract concluded away from business premises have a statutory right of cancellation. The conditions, periods and consequences, together with the model cancellation form, are set out in our cancellation policy. Nothing in these payment terms limits that right.

8. Governing law and jurisdiction

All contractual relationships are governed exclusively by German law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law does not deprive them of the protection afforded by mandatory provisions of the law of their country of habitual residence.

Insofar as the client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with an invoice is Berlin, Germany, pursuant to § 38 ZPO. For consumers, the statutory places of jurisdiction apply.

The European Commission provides a platform for online dispute resolution at ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.