(as of January 22, 2025)
1.1 The General Terms and Conditions (“GTC”) apply to all agreements between recordJet GmbH, Torstrasse 60, 10119 Berlin (“recordJet”) and the rights holder. recordJet operates the website recordJet.com (“Website”).
1.2 recordJet’s offer is not aimed at consumers within the meaning of Section 13 BGB (German Civil Code).
1.3 recordJet offers technical and administrative services for the distribution of audio and video recordings for artists, producers, labels and other rights holders (“Rights Holders”) who make audio and video recordings or other materials (“Repertoire”) available to recordJet for digital distribution via the website.
1.4 recordJet makes the Repertoire registered and uploaded by the Rights Holder at recordJet available to the download stores or streaming platforms selected by the Rights Holder, including personalized web radios (“Stores”). Furthermore, recordJet assumes the billing of the revenues generated by the Stores.
1.5 Rights Holders who have registered on the website free of charge manage their customer account themselves. The Rights Holder can add and delete Repertoire on the website at any time and view billing documents.
1.6 The Rights Holder may post, delete or change other content relating to the Repertoire (e.g., covers, artwork, biographies, photos, videos, information, explanations, etc. (“Accompanying Material”)) at any time.
1.7 The individual services to be specifically provided by recordJet and the remuneration due for them are determined by the package booked (“Business Class Basic”, “Business Class Premium”, “Volume” or “First Class”). The services to be provided by recordJet as part of the “Volume” and “First Class” packages are discussed individually between the Rights Holder and recordJet.
2.1 The Rights Holder remains the owner of the rights to his Repertoire. recordJet must provide the Stores with the rights required for distribution. The Rights Holder authorizes recordJet to grant the rights of use to the Repertoire and Accompanying Material required for the Stores (“Authorization”). However, recordJet does not exploit the Repertoire independently.
2.2 The Authorization is unlimited in terms of territory (worldwide). However, the Rights Holder may restrict the Authorization with regard to individual parts of the Repertoire or for the Accompanying Material. The restriction is made by means of corresponding information on the respective Repertoire on the website. The information must be provided by the Rights Holder himself.
2.3 The Authorization to use the Repertoire and the Accompanying Material is granted for an unlimited period of time. The Authorization ends (i) with the deactivation of the Repertoire or individual parts of the Repertoire by the Rights Holder (takedown) or (ii) by termination of the agreement. Due to technical circumstances, deactivation from all Stores may take approx. 14 days.
2.4 The Authorization to the Repertoire and the Accompanying Material is limited in content to the Stores selected by the Rights Holder. The restriction is made by means of corresponding information on the respective Repertoire. The information must be provided by the Rights Holder himself.
2.5 recordJet is authorized to make clips with a playing time of generally 90 seconds publicly accessible for trial listening or for evaluation purposes and / or to have them broadcast.
2.6 recordJet is further authorized to enable the Stores to update data or make a backup copy on storage media.
2.7 The Rights Holder is entitled to use service providers to perform the agreement.
2.8 recordJet shall continue to be authorized to make the Repertoire and the Accompanying Material available to the Stores and to process them technically in such a way that they can be made available in the Stores. This also includes the permission to allow the Stores to prepare Accompanying Material visually (e.g., to transform it into animated or moving representations) for better marketing, insofar as this corresponds to the requirements or functionalities of the respective Store.
2.9 recordJet expressly reserves the right to reject the entire Repertoire or parts thereof and/or Accompanying Material at any time at its own discretion and without giving reasons.
3.1 The Rights Holder is obligated to provide a valid email address when registering his customer account. This email address serves as the primary means of communication for all agreement-related messages and information. The Rights Holder undertakes to keep his email address up to date at all times and to make changes immediately in his customer account. The Rights Holder bears sole responsibility for ensuring that his email address is correct and accessible. All communications from recordJet to the Rights Holder that are sent to the email address stored in the customer account are deemed to have been delivered as soon as they are received in the Rights Holder’s email inbox. It is the responsibility of the Rights Holder to regularly check his email inbox and, if necessary, the spam folder.
3.2 recordJet is entitled to request suitable evidence from the Rights Holder in order to identify itself as the Rights Holder. In order to keep the data of the Rights Holder up to date, the Rights Holder is obligated to provide recordJet with regular information on whether and how existing data has changed. In particular, the Rights Holder can also be identified on an ad hoc basis. If the Rights Holder does not cooperate in the identification of his person or if an unambiguous identification is not possible for other reasons, recordJet is entitled to terminate the distribution agreement in accordance with Clause 11.5 and/or to withhold invoices and payments until the Rights Holder has been identified beyond doubt.
3.3 recordJet shall set up a virtual customer account for the Rights Holder. The Rights Holder can view the customer account at any time.
3.4 recordJet shall credit the net revenue due to the Rights Holder from the exploitation of the Repertoire by Stores plus VAT (if applicable) to the Rights Holder’s customer account upon receipt of the revenue. Revenues are only received by the Stores when the revenues are finally settled by the stores to recordJet and paid out to recordJet. All credits to the Rights Holder are subject to review, correction and reclaim in the event of an incorrect or unjustified credit.
3.5 At the request and instruction of the Rights Holder, a portion of the net revenue due to the Rights Holder may be credited to the account of a third party nominated by the Rights Holder. recordJet shall provide the Rights Holder with a billing tool for this purpose. In this billing tool, the Rights Holder can enter the share of his remuneration in favor of a third party; furthermore, the sales tax due on the share of the net remuneration in the contractual relationship between the Rights Holder and the third party. recordJet does not enter into any contractual relationship of its own with the third party. Payment of the share of the remuneration to the third party shall be made for recordJet with discharging effect vis-à-vis the Rights Holder.
3.6 At the request of the Rights Holder, recordJet is prepared, after prior agreement in individual cases, to make an advance payment to the Rights for the net revenue due to the rights holder plus sales tax (if applicable).
3.7 Net revenues are the actual payments received by recordJet less the agreed remuneration from recordJet. RecordJet shall also invoice those net revenues that are invoiced to recordJet by the Stores with reference to the Repertoire, which the Rights Holder has not registered with recordJet himself and made available to recordJet for digital distribution, e.g., DJ mixes or DJ sets that are posted by third parties and whose subject is the Repertoire or parts thereof.
3.8 recordJet is entitled to offset outstanding annual fees, remuneration for services provided by recordJet, costs incurred or any claims for damages due to breaches of agreement by the Rights Holder as well as advance payments made in accordance with Clause 3.6 after prior agreement in individual cases against the credit balance of the Rights Holder on the customer account or to collect them via other payment methods (e.g., PayPal, credit card).
3.9 As a rule, the share of the revenue of the Stores to which the Rights Holder is entitled is credited to his customer account on the 1st day of the following month after receipt of payment by recordJet.
3.10 The Rights Holder is entitled to withdraw the respective positive balance of the customer account from the customer account (as a total or any individual amounts) at any time, provided there is no payout block. The Rights Holder shall bear all fees and costs incurred in connection with the withdrawal. recordJet is entitled to deduct any fees incurred in connection with the withdrawal (e.g., PayPal fees). The amount of the fees depends on the specifications of the payment services provider.
3.11 If the Rights Holder’s customer account is in debit, recordJet shall be entitled to offset this against incoming payments until the customer account is balanced. If the customer account is in debit for more than 14 days, the Rights Holder shall be obligated to balance the customer account. recordJet shall inform the Rights Holder of this circumstance in good time. In the event that the Rights Holder has not settled the debit amount within five (5) working days of receipt of the information from recordJet, recordJet reserves the right to claim the debit amount and to block the Repertoire in all Stores (takedown). The above provision shall apply accordingly in the event that an advance payment made at the request of the Rights Holder after prior agreement in the individual case in accordance with Clause 3.5 has not been offset against credit balances of the Rights Holder on the customer account in accordance with Clause 3.8 at the time agreed in the individual case or at the time of termination of the distribution agreement between recordJet and the Rights Holder.
3.12 If the customer account has sufficient funds, the Rights Holder may instruct recordJet to make payments from the customer account to third parties with debt-discharging effect (e.g.: participation of third parties in revenues). For clarification: the Rights Holder remains solely responsible for settling accounts with his contractual partners.
3.13 If recordJet is unable to pay out the revenue to the Rights Holder due to missing or invalid data, recordJet shall request the Rights Holder twice by email to the last known contact details to update the required data. If the data is not updated by the Rights Holder within three (3) months of the first request, the previous and any further revenues shall be kept by recordJet until further notice. The Rights Holder shall continue to have the right to demand payment of the revenues held in safekeeping, provided that he updates the necessary data. recordJet shall be entitled to charge a monthly administration fee for the additional administrative work as long as the revenues are held in safekeeping. This fee is deducted from the income held in custody.
4.1 recordJet is entitled to block (takedown) or deactivate access to the website and/or Repertoire of the Rights Holder if
4.1.1 there is a suspicion that the Rights Holder or third parties are manipulating download/streaming figures;
4.1.2 the Rights Holder posts the Repertoire – or parts thereof – under different titles or artist names (“Recycled Audio”) or music that cannot be clearly assigned to an artist name or a song or project title (“Generic Music”);
4.1.3 the content of the Repertoire is punishable;
4.1.4 the content of the Repertoire contains radical, propagandistic or sexist or immoral material;
4.1.5 the Repertoire infringes the rights of third parties.
4.2 recordJet is entitled to block payments from the customer account in the cases set out in Clause 4.1. recordJet is also entitled to block the relevant Repertoire in all Stores (takedown).
4.3 recordJet shall inform the Rights Holder immediately by email about the measures taken and give the Rights Holder the opportunity to comment within a period of fourteen (14) calendar days. If the allegations are cleared up, the measures taken shall be lifted. If the allegations are not dispelled or no statement is received from the Rights Holder, recordJet shall be entitled to cancel the credits issued to the Rights Holder with regard to blocked repertoire and to reclaim payments to the Rights Holder for this Repertoire.
5.1 recordJet draws the attention of the Rights Holder to the fact that the authors whose works form the basis of the Repertoire are entitled to remuneration due to the exploitation of the Repertoire. These claims are usually asserted by collecting societies or publishers of the authors. recordJet is not responsible for this. If the Rights Holder is not the author or not the sole author, he shall inform the authors of this if necessary.
5.2 recordJet points out to the Rights Holder that the Rights Holder is solely responsible for the proper taxation of all revenues and the payment of duties, levies, etc. If circumstances change with regard to the tax status of the Rights Holder (e.g., with regard to the Rights Holder's VAT liability), the Rights Holder must inform recordJet of this immediately. The changes communicated to recordJet shall be taken into account from the following month if the information is provided by the 20th day of the previous month, otherwise from the beginning of the month after next. Reference is made to Clause 9.1.3.
5.3 recordJet advises the Rights Holder that recordJet only provides technical and administrative services in connection with the exploitation of the Repertoire. The Rights Holder must check whether his payments to third parties may be subject to the obligation to pay contributions under the Artists’ Social Security Act (KSVG).
6.1 The Rights Holder represents and warrants to recordJet that it is authorized and able to enter into and perform this Agreement and is the unrestricted and sole owner of all rights to the Repertoire that are the subject of this Agreement.
6.2 The Rights Holder represents and warrants to recordJet that the Repertoire and the Accompanying Material do not infringe any third-party rights. The Rights Holder further warrants that no artificial intelligence (“AI”) has been used in the production of the Repertoire or the Accompanying Material that infringes the copyrights, personal rights or other rights of third parties.
6.3 The Rights Holder represents and warrants to recordJet that the Repertoire or the Accompanying Material does not violate any criminal or fine regulations.
6.4 The Rights Holder represents and warrants to recordJet that it shall not artificially increase or otherwise manipulate the retrieval or streaming of the Repertoire, e.g., by technical means such as the use of scripts or other automated processes or permanent streaming of the Repertoire through its own or third-party accounts.
7.1 recordJet draws the attention of the Rights Holder to the fact that third parties may have to participate in the income generated (e.g., artists, producers and other persons who have contributed to the creation of the Repertoire or Accompanying Material): Artists, producers and other persons who have contributed to the creation of the Repertoire or the Accompanying Material). The Rights Holder shall indemnify recordJet against all claims asserted by third parties against recordJet for infringement of their rights based on or in connection with the Repertoire or Accompanying Material posted by the Rights Holder.
7.2 The Rights Holder shall not assert any claims against recordJet if third parties (e.g., in the event of DJ mixes or DJ set lists) have uploaded Repertoire to Stores and the Rights Holder does not agree to this. In this case, the Rights Holder shall assert any existing claims for injunctive relief against the third parties concerned.
7.3 The Rights Holder is obligated to reimburse recordJet for the necessary costs of legal defense incurred in connection with the defense against third-party claims, including all court and legal costs (including out-of-court costs) in a reasonable amount. This does not apply if the Rights Holder is not responsible for the infringement, which the Rights Holder must demonstrate and prove. In the event of a claim by a third party, the Rights Holder is obligated to provide recordJet immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
The remuneration for recordJet’s services depends on the service package booked (“Business Class Basic” and “Business Class Premium”) or is agreed individually for the “Volume” and “First Class” service packages. All prices are quoted without sales tax (net prices).