1. Unless expressly stated otherwise, the present General Terms and Conditions of Purchase shall apply to any and all purchases by Shannon O’Hara or Talk to The Entities (5900 Balcones Drive, STE 12189 Austin, TX 78731, US) of goods or services, for example, but not limited to, photos, texts, videos, recordings, apps, live streaming, social media related work, audio and video clipping, programming, web development, processing of images or sound recordings, media work or any other materials or products containing intellectual property rights (hereafter “Products and Services”) from a service provider or seller (hereafter “Seller”).
2. By offering services to Shannon O’Hara and Talk To The Entities, Sellers agree to these terms and conditions.
TRANSFER OF RIGHTS
1. Shannon O’Hara and Talk To The Entities only awards binding contracts (hereafter “Agreement”) regarding copyright and intellectual property related matters on the following terms and conditions: I. Seller transfers and/or – as the case may be – Shannon O’Hara and Talk to The Entities unlimited and worldwide use of rights regarding the Products and Services; II. Seller assures that the transfer of rights or the rights to use (hereafter the “Rights”) is granted worldwide, and III. The Transfer includes the right to alter and modify the Products and Services. 2. Every offer of the Seller must, therefore, include the above-mentioned Rights in full and part of the offered fee or price must always be dedicated as a remuneration for these Rights. 3. If an offer does not explicitly mention the Rights as mentioned above, it is automatically included in the offered price.
FORMATION OF THE AGREEMENT
1. When Shannon O’Hara or Talk To The Entities accepts Seller's offer or Seller accepts Shannon O’Hara or Talk To The Entities offer by delivery of Products and Services, a binding contract shall be formed;
2. The Agreement is limited to these General Terms and Conditions of Purchase;
3. No other terms and conditions proposed by Seller shall be binding upon Shannon O’Hara or Talk To The Entities unless Shannon O’Hara or Talk To The Entities has specifically accepted them in writing;
4. Any other statement of Seller shall not alter, add to, or affect the Agreement;
5. Shannon O’Hara or Talk To The Entities is not bound by any Seller's general terms and conditions of purchase that appear on any Seller's document. Shannon O’Hara or Talk To The Entities hereby expressly rejects any obligations arising from the said;
6. In case of contradicting terms and conditions between Seller and Shannon O’Hara or Talk To The Entities, the parties agree that Shannon O’Hara or Talk To The Entities Terms and Conditions shall prevail, and
7. Seller shall not assign any of his rights or obligations under the contract without Shannon O’Hara or Talk To The Entities written approval.
RISK OF LOSS
All items purchased by Shannon O’Hara or Talk To The Entities are being legally delivered upon physical arrival of the Products and Services or upon making the Products and Services available for download on a cloud service (the “Delivery”). This means that the risk of loss and title for such items pass to Shannon O’Hara or Talk To The Entities upon Delivery.