Terms and conditions

General Terms and Conditions (GTC) for services

Exclusively for business customers (B2B)

As of: July 2026

§ 1 Scope and customer base

(1) These General Terms and Conditions (GTC) apply to all contracts between DoManh SFX – Special Effects, owner Tom DoManh (hereinafter “Contractor” or “DoManh SFX”) and his clients the provision of services in the area of special effects (SFX), prosthetics, character development, mold making, mask making, props, fabrication, 3D modeling, on-set support, workshops as well as other individually agreed creative and craft services.

(2) The offer from DoManh SFX is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Contracts with consumers within the meaning of Section 13 of the German Civil Code (BGB) will not be concluded.

(3) By making an inquiry and placing an order, the client confirms that he is acting in the exercise of his commercial or independent professional activity. DoManh SFX is entitled to demand proof of this and to refrain from concluding the contract if there are reasonable doubts.

(4) Deviating, conflicting or supplementary general terms and conditions of the client do not become part of the contract unless their validity has been expressly agreed to in text form. This also applies if DoManh SFX provides the service without reservation in the knowledge of conflicting conditions.

(5) The version of these General Terms and Conditions valid at the time the contract is concluded is decisive. These general terms and conditions also apply to all future business relationships with the same client, without the need to be included again.

§ 2 Offer of services

(1) DoManh SFX offers individual services in the area of ​​special effects and make-up. This includes in particular:

• Development of individual character designs

• Manufacture and application of SFX prosthetics

• Manufacture of masks and custom-made products

• Mold making and fabrication

• Manufacture of props and special builds

• Digital modeling and 3D design

• On-set support and technical support during film, television, advertising, theater, Event and content productions

• Workshops, training courses and demonstrations

• Other individually agreed services

(2) Unless expressly agreed otherwise, all services are project-related and individually tailored to the client's requirements.

(3) The presentation of the services on the website www.domanh-sfx.com does not represent a legally binding offer, but rather a non-binding invitation to contact us and request an offer.

(4) DoManh SFX is entitled to use qualified subcontractors or assistants to fulfill the contractual services.

§ 3 Conclusion of contract

(1) Inquiries via the contact form, by email, by telephone or via other communication channels initially represent a non-binding request.

(2) After checking the project requirements, DoManh SFX creates an individual offer if this is necessary for the respective project.

(3) A contract is concluded through

• the order confirmation from DoManh SFX in text form,

• the acceptance of the offer by the client in text form or

• the actual start of the agreed service provision in Agreement of both parties.

(4) The order confirmation from DoManh SFX is decisive for the content and scope of the service.

(5) Changes or additions to the scope of services after conclusion of the contract require mutual coordination and can have an impact on remuneration, production time and delivery or execution dates.

(6) Individual agreements between the contracting parties always take precedence over these general terms and conditions.

§ 4 The client's obligation to cooperate

(1) The client undertakes to provide all information, documents and materials required for the implementation of the project in a timely and complete manner. This may include in particular:

• Project descriptions and briefings

• Reference images or design specifications

• Dimensions, lifecasts or 3D scans

• Logos, graphics or other templates

• Approvals for drafts or interim statuses

• Contact person for project-related coordination

(2) Delays caused by incomplete or late information or caused by a lack of approval, the agreed production or execution deadlines will be extended accordingly. The client will bear any additional costs incurred as a result.

(3) Requests for changes after approval has already been given or during ongoing project implementation may cause additional workload and will be invoiced separately after prior agreement. As a result, agreed dates may be postponed accordingly.

(4) The client assures that documents, designs, images or other materials provided are free of third-party rights or that the necessary usage rights for their use exist. The client indemnifies DoManh SFX from all third-party claims that are asserted due to the use of the content provided by it, including reasonable legal defense costs.

§ 5 Offers, remuneration and payment conditions

(1) All offers from DoManh SFX are subject to change unless they are expressly designated as binding.

(2) The remuneration is based on the individually agreed offer or that agreed in text form Price agreement.

(3) All prices are in euros as net prices plus the applicable statutory sales tax.

(4) Unless otherwise agreed, invoices are due for payment without deductions within 14 calendar days of the invoice being issued.

(5) For extensive projects, long-term productions or individually produced work, DoManh SFX can demand appropriate advance payments or an advance payment. The corresponding payment modalities are specified in the respective offer.

(6) If the client defaults on a payment, DoManh SFX is entitled to suspend further provision of the service until full payment has been received. Interest on late payments will be charged at a rate of 9 percentage points above the respective base interest rate (Section 288 Para. 2 BGB). We reserve the right to assert further damages for default as well as the flat rate in accordance with Section 288 Paragraph 5 of the German Civil Code (BGB).

(7) The client is only entitled to a right of retention if it is based on the same contractual relationship. Offsetting is only permitted with undisputed or legally established counterclaims.

§ 6 Execution deadlines and service times

(1) Specified production, delivery or execution dates are considered non-binding guidelines, unless a binding date has been expressly agreed in text form.

(2) Compliance with agreed deadlines requires that the client fully and completely fulfills his obligations to cooperate in accordance with § 4 complies in a timely manner.

(3) Delays due to force majeure or other unforeseeable events that are beyond DoManh SFX's control extend agreed deadlines for the duration of the hindrance. These include, in particular, natural events, strikes, official orders, significant delivery bottlenecks, epidemics or comparable events. DoManh SFX will inform the client immediately of the occurrence of such an event.

(4) If a project has to be adjusted or expanded due to the client's subsequent requests for changes, agreed dates will be extended accordingly.

§ 7 Dates, postponements and cancellations

(1) Agreed dates for meetings, workshops, on-set assignments or other services are binding as soon as they are confirmed by both contracting parties were.

(2) If an agreed date cannot be met by the client, DoManh SFX must be informed immediately.

(3) Services already provided, material costs incurred and working hours incurred up to the time of cancellation must be reimbursed by the client. The client reserves the right to prove that DoManh SFX incurred no or significantly less effort.

(4) If a project is postponed after the order has been placed, both contractual parties will endeavor to find an alternative date. However, there is no entitlement to execution on a specific alternative date.

(5) If DoManh SFX incurs additional costs due to short-term postponements or cancellations, in particular for trips, accommodation, transport or project-related material purchases that have already been booked, these can be charged to the client in the amount actually incurred, provided that the client is responsible for the postponement or cancellation. Here too, proof of lower costs remains reserved.

(6) The contractual parties' statutory right of termination, in particular according to §§ 648, 649 BGB, remains unaffected.

§ 8 Acceptance of the services

(1) If acceptance is necessary due to the type of agreed service, the client must inspect the service provided immediately after completion and, provided there is no significant defect, accept it.

(2) If DoManh SFX sets the client a reasonable deadline for acceptance after completion and the client does not refuse acceptance within this period by stating at least one defect, the service is deemed to have been accepted (§ 640 Para. 2 BGB).

(3) The service is also deemed to have been accepted if the client uses it as intended, processes it further or uses it as part of a production without having previously reported defects.

(4) Partial acceptance is in the case of definable Partial services permitted.

§ 9 Obligation to inspect and give notice of complaints

(1) If the client is a merchant, § 377 of the German Commercial Code (HGB) applies: He must inspect the service immediately after handover or completion and report any visible defects immediately, at the latest within seven working days, in text form.

(2) Hidden defects must be reported in text form immediately after they are discovered.

(3) If timely notification is not provided, the service applies to the extent approved.

(4) Due to the special demands placed on prosthetics, masks and props in production, an inspection must be carried out before the planned day of use if possible.

§ 10 Rights of use and intellectual property

(1) All designs, concepts, sculptures, forms, digital models, 3D files, drawings, construction data, manufacturing processes and other creative and technical services created as part of a project are subject to copyright and other legal property rights, insofar as these exist.

(2) Unless otherwise expressly agreed in text form, all rights to the aforementioned work remain with DoManh SFX.

(3) Rights of use are granted exclusively to the contractually agreed scope and are subject to the suspensive condition of full payment of the agreed remuneration. Any use beyond this requires a separate agreement in text form.

(4) The production, reproduction, digitization, reproduction, distribution or commercial use of designs, forms, digital models or other work results beyond the agreed scope is not permitted without the prior consent of DoManh SFX in text form.

§ 11 Retention of title

(1) Delivered workpieces, props, masks and Other items remain the property of DoManh SFX until all claims arising from the business relationship have been paid in full.

(2) The client is obliged to treat the reserved goods with care and to inform DoManh SFX immediately if third parties access the goods.

(3) If the client acts in breach of contract, in particular in the event of late payment, DoManh SFX is entitled to demand the return of the reserved goods.

§ 12 Ownership of molds, tools and production resources

(1) Molds, negative molds, positive models, master sculptures, 3D models, print data, tools, stencils, production aids and other operating resources manufactured for production remain the property of DoManh SFX, unless expressly agreed otherwise in text form.

(2) This also applies if the client assumes the production costs in whole or in part, to the extent that no different contractual arrangement has been made.

(3) These production resources are published, reproduced or passed on exclusively on the basis of a separate agreement in text form.

(4) DoManh SFX is not obliged to keep forms and production resources beyond a period of two years after completion of the project.

§ 13 References and confidentiality

(1) DoManh SFX treats all project-related information confidentially, unless statutory regulations or contractual agreements provide otherwise.

(2) If there are confidentiality agreements between the contracting parties (e.g. non-disclosure agreements), these take precedence over the provisions of these General Terms and Conditions.

(3) Unless there are legal, contractual or other confidentiality obligations to the contrary, DoManh SFX is entitled to use completed projects as a reference after their official publication. This includes, in particular, presentation on your own website, in social media, in portfolios and for self-promotional purposes. The client can object to this use at any time in text form.

(4) The client's business and trade secrets are treated confidentially by DoManh SFX and are used exclusively within the scope of the execution of the contract.

(5) If images of people (particularly actors) are taken as part of a project and used for reference purposes, DoManh SFX obtains the necessary consent from the people depicted. The client supports DoManh SFX in this regard, as long as the consent is obtained as part of the production.

§ 14 Warranty

(1) The statutory warranty provisions apply to the services provided by DoManh SFX, unless otherwise agreed below.

(2) Individually produced works are created on the basis of the drafts, dimensions, references or other specifications approved by the client. Deviations that are based on incomplete or incorrect information provided by the client do not constitute a defect in the service.

(3) Minor deviations in color, surface structure or material behavior caused by craftsmanship are common in individually manufactured individual pieces and do not constitute a defect.

(4) DoManh SFX is initially entitled to subsequent performance. If supplementary performance fails twice, the client is entitled to his statutory rights.

(5) The limitation period for claims for defects is one year from acceptance. This does not apply to claims based on intent, fraud, gross negligence or injury to life, body or health; In this respect, the statutory deadlines apply.

§ 15 Liability

(1) DoManh SFX is liable without limitation for damage caused intentionally or through gross negligence, as well as for damage resulting from injury to life, body or health. Liability under the Product Liability Act and the assumption of a guarantee also remains unaffected.

(2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), DoManh SFX is only liable for foreseeable damage that is typical for the contract. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the client can regularly rely.

(3) Furthermore, DoManh SFX's liability for damages caused by slight negligence is excluded.

(4) DoManh SFX is not liable for indirect damages, lost profits or production downtime costs, unless these are based on intent or gross negligence.

(5) The The above liability limitations also apply in favor of the legal representatives, employees and vicarious agents and subcontractors of DoManh SFX.

§ 16 Travel, accommodation and production-related additional costs

(1) If the agreed service is provided outside of DoManh SFX's business premises, travel, accommodation, transport and other project-related additional costs may be charged additionally, unless otherwise agreed in text form. The expected amount will be stated in the offer or agreed upon before creation.

(2) This includes in particular:

• Arrival and departure costs

• Accommodation costs

• Parking, toll and ferry fees

• Costs for the transport of materials, tools and equipment

• Shipping and courier costs

• Other project-related expenses

(3) Will travel or accommodation be paid by the client organized or provided, DoManh SFX assumes no liability for this. Any additional costs due to rebookings or changes for which DoManh SFX is not responsible will be borne by the client.

(4) If an ongoing project has to be extended due to subsequent changes by the client, production postponements or other circumstances for which the client is responsible, the resulting additional travel, accommodation or additional costs can be invoiced separately after prior agreement.

§ 17 Services at the location (on-set service)

(1) When providing services on site, the client ensures that DoManh SFX can carry out the agreed work under suitable conditions. This includes, in particular, an adequately equipped and hygienically suitable workplace, appropriate lighting, power supply and access to the rooms required for the provision of the service.

(2) The client ensures that the time windows required for application, maintenance, touch-ups and removal of prosthetics or special effects are appropriately taken into account in the production process.

(3) Before starting work, the client informs DoManh SFX about any known allergies, skin intolerances or health restrictions of the people to be treated, insofar as these are relevant to the selection of materials. DoManh SFX is not liable for reactions that are attributable to undisclosed intolerances.

(4) Changes or damage to prosthetics, masks or special effects made by DoManh SFX that are caused by third parties after handover or during production are outside the area of ​​responsibility of DoManh SFX. Any necessary rework or re-application can be charged separately after prior agreement.

(5) Weather influences, high temperatures, humidity, intensive physical strain on the actors or other production-related circumstances can influence the durability and appearance of make-up, prosthetics or special effects. DoManh SFX assumes no liability for this, provided the work has been carried out professionally.

(6) Additional services that go beyond the originally agreed scope of services, in particular additional applications, extensive touch-ups, additional filming days, waiting times due to production delays or short-term change requests, can be invoiced separately after prior agreement.

(7) The client undertakes to inform DoManh SFX immediately about changes in the production process to the extent that these have an impact on the agreed service provision can.

(8) Compliance with the occupational health and safety regulations applicable on the set is the responsibility of the client as the person responsible for production.

§ 18 Communication and electronic correspondence

(1) Communication between DoManh SFX and the client generally takes place in text form, in particular by email or via other mutually agreed electronic communication channels.

(2) The client provides correct and current contact details and communicates any changes immediately with.

(3) Project-related information, offers, order confirmations, appointment arrangements, change requests, releases and other contract-relevant declarations can be made in text form, provided there are no statutory formal requirements to the contrary.

(4) The client regularly retrieves incoming communications from DoManh SFX and responds to project-related queries or required releases within a reasonable period of time. Delays due to a lack of feedback can have an impact on agreed production or execution deadlines.

(5) DoManh SFX is not liable for delays or disadvantages that are due to incorrect, incomplete or no longer up-to-date contact details of the client.

§ 19 Data protection

The processing of personal data as part of the execution of the contract is carried out in accordance with the applicable data protection regulations. Details can be found in the data protection declaration at https://www.domanh-sfx.com/datenschutz.

§ 20 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship is the headquarters of DoManh SFX. DoManh SFX is also entitled to sue at the client's general place of jurisdiction.

(3) The place of performance for all services is the registered office of DoManh SFX, unless expressly agreed otherwise.

(4) Should individual provisions of these General Terms and Conditions be or become wholly or partially ineffective or unenforceable, the effectiveness of the remaining provisions remains unaffected. The statutory provisions shall replace the invalid or unenforceable regulation.

(5) Changes or additions to these General Terms and Conditions as well as the cancellation of this clause must be in text form.