TERMS & CONDITIONS
General terms and conditions of CreatEVE e. U.
Mag. Eva Pfeffer
Wiener Straße 260
Part 1: Graphic design, web design & portrait drawings
I. Validity, conclusion of contract
1.1 CreatEVE e.U. provides its services exclusively on the basis of the following general terms and conditions (GTC). These apply to all legal relationships between the company and the customer, even if they are not expressly referred to. The terms and conditions are also applicable to legal relationships with entrepreneurs, B2B.
1.2 The version valid at the time of the conclusion of the contract is decisive. Deviations from these and other supplementary agreements with the customer are only effective if they are confirmed in writing by the agency.
1.3 Any terms and conditions of the customer, even if they are known, are not accepted, unless otherwise expressly agreed in writing in individual cases. The company expressly rejects the customer's terms and conditions. There is no need for the company to object to the customer's terms and conditions.
1.4 Changes to the terms and conditions are announced to the customer and are deemed to have been agreed if the customer does not object to the changed terms and conditions in writing within 14 days; The customer is expressly informed of the importance of silence in the notification.
1.5 Should individual provisions of these general terms and conditions be ineffective, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis of them. The ineffective provision is to be replaced by an effective one that comes closest to the meaning and purpose.
1.6 The offers of Mag. Eva Pfeffer are subject to change and non-binding.
2. Social media channels
3. Concept and idea protection
If the potential customer has already invited the company in advance to create a concept and the company complies with this invitation before the main contract is concluded, the following rule applies:
3.1 Already with the invitation and the acceptance of the invitation by the company, the potential customer and the company enter into a contractual relationship ("pitching contract"). This contract is also based on the terms and conditions.
3.2 The potential customer acknowledges that the company is already providing cost-intensive preliminary work with the concept development, although it has not yet assumed any performance obligations.
3.3 The concept, in its linguistic and graphic parts, is subject to the protection of copyright law as far as it reaches this level. A use and processing of these parts without the consent of the company is not permitted to the potential customer due to copyright law.
3.4 The concept also contains advertising-relevant ideas that do not reach the height of the work and therefore do not enjoy the protection of copyright law. These ideas are at the beginning of every creative process and can be defined as a spark of everything that comes up later and thus as the origin of marketing strategy. That is why those elements of the concept are protected that are peculiar and give the marketing strategy its characteristic character. In particular, advertising keywords, advertising texts, graphics and illustrations, advertising materials, etc. are regarded as ideas within the meaning of this agreement, even if they are not as high as possible.
3.5 The potential customer undertakes to refrain from economically exploiting these creative advertising ideas presented by the company as part of the concept outside of the corrective of a main contract to be concluded later, or having them exploited or used or allowed to be used.
3.6 If the potential customer is of the opinion that the company presented ideas to him that he had already come up with before the presentation, he has this to the company within 14 days of the day of the presentation by e-mail with evidence that allow a time allocation to be announced.
3.7 In the opposite case, the contracting parties assume that the company has presented the potential customer with an idea that is new to him. If the idea is used by the customer, it can be assumed that the company was meritorious.
3.8 The potential customer can release himself from his obligations under this point by paying appropriate compensation. The exemption only comes into effect after the company has received full payment of the compensation.
4. Scope of services, order processing and the customer's obligation to cooperate
4.1 The scope of the services to be provided results from the service description in the contract or any order confirmation or clear work instructions by the customer, as well as any offer documents. Subsequent changes to the service content require written confirmation by the company. Within the framework specified by the customer, the company has freedom of design when fulfilling the order.
4.2 All services of the company (in particular all preliminary drafts, sketches, final artwork, prints, copies, color prints and electronic files) are to be checked by the customer and by him internally three working days to be released upon receipt by the customer. After this period has elapsed without feedback from the customer, they are deemed to have been approved by the customer.
4.3 The customer will make all information and documents available to the company in a timely and complete manner that are necessary for the provision of the service. He will inform you of all circumstances that are important for the execution of the order, even if these only become known during the execution of the order. The customer bears the expense that arises from the fact that work has to be repeated or delayed by the company as a result of incorrect, incomplete or subsequently changed information.
4.4 The customer is also obliged to check the documents (photos, logos, etc.) made available for the execution of the order (e.g. creation of a website, design of printed matter, portrait drawings, etc.) for any copyright, trademark, trademark rights or other rights Third party checks (clearing of rights) and guarantees that the documents are free of third party rights and can therefore be used for the intended purpose. The company is liable in the event of simple negligence or after fulfilling its warning obligation - at least in the internal relationship with the customer - not due to a violation of such third party rights through the documents provided. If the company is sued by a third party due to such a violation of the law, the customer shall hold the company harmless and harmless; he has to reimburse her for all disadvantages that she incurs as a result of third-party claims, in particular the costs of appropriate legal representation. The customer undertakes to support the company in defending against any claims by third parties. For this purpose, the customer provides the company with all documents without being requested to do so.
5. External services / commissioning third parties
5.1 The company is entitled, at its own discretion, to perform the service itself, to use competent third parties as vicarious agents for the provision of contractual services and / or to substitute such services ("external service").
5.2 The commissioning of third parties in the context of an external service takes place either in the customer's own name or on behalf of the customer. The company will carefully select this third party and ensure that it has the necessary professional qualifications.
5.3 The customer has to enter into obligations towards third parties that go beyond the term of the contract. This also applies expressly in the event that the company contract is terminated for an important reason.
6.1 Unless expressly agreed as binding, the specified delivery or service deadlines are only approximate and non-binding. Binding appointments are to be recorded in writing or confirmed in writing by the company.
6.2 If the delivery / service of the company is delayed for reasons for which it is not responsible, such as events of force majeure and other unforeseeable events that cannot be prevented by reasonable means, the performance obligations are suspended for the duration and to the extent of the hindrance and are extended Deadlines accordingly.
If such delays last more than two months, the customer and the company are entitled to withdraw from the contract.
6.3 If the company is in default, the customer can only withdraw from the contract after giving the company a reasonable grace period of at least 14 days in writing and this has expired without result. Claims for damages by the customer due to non-performance or delay are excluded, except in the case of evidence of intent or gross negligence.
7. Early termination
7.1 The company is entitled to terminate the contract with immediate effect for important reasons. An important reason exists in particular if
a) the performance of the service becomes impossible for reasons for which the customer is responsible or is further delayed despite setting a grace period of 14 days;
b) the customer continues to violate essential obligations from this contract, such as payment of an amount due or obligations to cooperate, despite a written warning with a grace period of 14 days.
c) there are legitimate concerns about the creditworthiness of the customer and the customer neither makes advance payments at the request of the company nor provides a suitable security prior to the company's performance;
7.2 The customer is entitled to dissolve the contract for important reasons without setting a grace period. An important reason exists in particular if the company continues to violate essential provisions of this contract despite a written warning with a reasonable grace period of at least 14 days to remedy the breach of contract.
8. right of withdrawal
The right of revocation and right of return for distance selling contracts in accordance with 312 g paragraph 1 BGB is excluded according to § 312 g paragraph 2 no. 1 BGB if the goods are manufactured according to the customer's specifications and are tailored to his personal needs. For this reason, every portrait drawing produced by CreatEVE e.U. is excluded from the right of return.
8.1 Unless otherwise agreed, the company is entitled to a fee for each individual service as soon as it has been performed. The company is entitled to demand advances to cover its expenses. From an order volume with an (annual) budget of € 1,000, or those that extend over a longer period of time, the company is entitled to create interim invoices or advance invoices or to call up payments on account.
9.2 The fee is VAT-free due to the small business regulation. In the absence of an agreement in individual cases, the company is entitled to a fee in the amount customary in the market for the services provided and the transfer of the rights of use under copyright and trademark law.
9.3 All services by the company that are not expressly covered by the agreed fee will be remunerated separately. All cash expenses incurred by the company are to be reimbursed by the customer.
9.4 The company's cost estimates are non-binding. If it is foreseeable that the actual costs will exceed those estimated in writing by the company by more than 15%, the company will inform the customer of the higher costs. The cost overrun is deemed to have been approved by the customer if the customer does not do so within three working days contradicts in writing after this notice and at the same time announces cheaper alternatives. If the costs are exceeded by up to 15%, separate notification is not required. This overrun of the cost estimate is deemed to have been approved by the client from the outset.
9.5 If the customer unilaterally changes or discontinues the work commissioned without the involvement of the company - without prejudice to the ongoing other support provided by them - he has to reimburse the company for the services provided up to that point in accordance with the fee agreement and to reimburse all costs incurred. If the termination is not justified by a grossly negligent or willful breach of duty on the part of the company, the customer must also reimburse the company for the entire fee (commission) agreed for this order, whereby the crediting fee of § 1168 AGBG is excluded. Furthermore, the agency is to be indemnified and held harmless with regard to any claims by third parties, in particular those of the company's contractors. By paying the fee, the customer does not acquire any rights of use for work that has already been performed; Concepts, drafts and other documents that have not been implemented are to be returned to the company immediately.
10. Payment, retention of title
10.1 The fee is due for payment immediately upon receipt of the invoice and without any deductions, unless special terms of payment have been agreed in writing in individual cases. This also applies to the charging of all cash expenses and other expenses. The goods delivered by the company remain the property of the company until the fee has been paid in full, including all ancillary liabilities.
10.2 In the event of default in payment by the customer, the statutory default interest shall apply in the amount applicable to business transactions. Furthermore, in the event of default in payment, the customer undertakes to reimburse the company for the dunning and collection charges incurred, insofar as they are necessary for appropriate legal prosecution. In any case, this includes the costs of two reminder letters in the usual market amount of currently at least € 20.00 per reminder as well as a reminder letter from a lawyer commissioned with the collection. The assertion of further rights and claims remains unaffected.
10.3 In the event of default in payment by the customer, the company can immediately make all services and partial services due within the framework of other contracts concluded with the customer.
10.4 Furthermore, the company is not obliged to provide further services until the outstanding amount has been settled (right of retention). The obligation to pay remuneration remains unaffected.
10.5 If payment in installments has been agreed, the company reserves the right to demand immediate payment of the entire outstanding debt in the event of late payment of partial amounts or additional claims (loss of deadline).
10.6 The customer is not entitled to set off his own claims against claims of the company, unless the customer's claim has been recognized by the company in writing or has been determined by a court.
11. Ownership and Copyright
11.1 All services of the company, including those from presentations (e.g. suggestions, ideas, sketches, preliminary drafts, scribbles, final drawings, concepts, negatives, slides), including individual parts thereof, as well as the individual workpieces and draft originals, remain the property of the company and can can be reclaimed by the company at any time - especially when the contractual relationship is terminated. By paying the fee, the customer acquires the right of use for the agreed purpose. Unless otherwise agreed, the customer may only use the company's services in Austria. The acquisition of usage and exploitation rights to the company's services always requires full payment of the fees charged by the company. If the customer uses the company's services before this point in time, this use is based on a loan relationship that can be revoked at any time.
11.2 Changes or processing of the company's services, in particular their further development by the customer or by third parties working for them, are only permitted with the express consent of the company and - insofar as the services are protected by copyright - the author.
11.3 For the use of services of the company that go beyond the originally agreed purpose and scope of use - regardless of whether this service is protected by copyright - the consent of the company is required. The company and the author are entitled to separate appropriate remuneration for this.
11.4 For the use of services of the company or of advertising material for which the company has developed conceptual or creative templates, the consent of the company is also required after the contract has expired, regardless of whether this service is protected by copyright or not.
11.5 In the first year after the end of the contract, the company is entitled to the full remuneration agreed in the expired contract for uses according to Paragraph 4. In the 2nd or 3rd year after the contract expires, only half or a quarter of the remuneration agreed in the contract. From the 4th year after the end of the contract, no further remuneration is payable.
11.6 The customer is liable to the company for any unlawful use in double the amount of the fee appropriate for this use.
12.1 The company is entitled to refer to the company and, if necessary, to the author on all advertising material and in all advertising measures, without the customer being entitled to any claim for payment.
12.2 Subject to the customer's written revocation, which is possible at any time, the company is entitled to refer to the existing or previous business relationship with the customer on its own advertising media and in particular on its Internet website with the name and company logo (reference note).
13.1 The customer must report any defects immediately, in any case within eight days after delivery / service by the company, hidden defects within eight days after detection of the same, in writing with a description of the defect; otherwise the service is considered approved. In this case, the assertion of warranty and compensation claims as well as the right to avoid errors due to defects are excluded.
13.2 In the case of justified and timely notification of defects, the customer has the right to improve or exchange the delivery / service by the company. The company will remedy the defects within a reasonable period, whereby the customer enables the company to take all measures necessary to investigate and remedy the defect. The company is entitled to refuse to improve the service if this is impossible or involves a disproportionate amount of effort for the company. In this case, the customer is entitled to the statutory conversion or reduction rights. In the event of improvement, it is the responsibility of the client to transfer the defective (physical) item at his own expense.
13.3 It is also the responsibility of the client to check the performance for its legal, in particular competition, trademark, copyright and administrative permissibility. The agency is only obliged to carry out a rough check of the legal admissibility. The company is not liable in the event of slight negligence or after fulfilling a possible warning obligation towards the customer for the legal admissibility of content if this has been specified or approved by the customer.
13.4 The warranty period is six months from delivery / service. The right to recourse against the company in accordance with Section 933b (1) ABGB expires one year after delivery / service. The customer is not entitled to withhold payments due to complaints. The presumption of conformity of § 924 ABGB is excluded.
14. Liability and Product Liability
14.1 In cases of slight negligence, liability of the company and that of its employees, contractors or other vicarious agents ("people") for property damage or financial damage to the customer is excluded, regardless of whether it is direct or indirect damage, lost profit or consequential damage caused by defects Delay, impossibility, positive breach of contract, negligence when concluding the contract, due to defective or incomplete performance. The injured party has to prove the existence of gross negligence. Insofar as the company's liability is excluded or limited, this also applies to the personal liability of its “people”.
14.2 Any liability on the part of the company for claims that are raised against the customer on the basis of the service provided by the company (e.g. advertising measures) is expressly excluded if the company has complied with its obligation to notify or if it was not aware of such, whereby slight negligence no harm. In particular, the company is not liable for legal costs, the customer's own legal costs or the costs of the publication of judgments, nor for any claims for damages or other claims by third parties; the customer has to indemnify and hold harmless the company in this regard.
14.3 Claims for damages by the customer expire six months after knowledge of the damage; in any case, after three years from the company's act of infringement. Claims for damages are limited in amount to the net order value.
15. Data protection
You can find additional data protection information on the General Terms and Conditions for Advertising Agencies here.
16. Place of performance and jurisdiction
16.1 The place of performance is the company's registered office. In the case of dispatch, the risk passes to the customer as soon as the company has handed over the goods to the transport company chosen by it.
16.2 The place of jurisdiction for all legal disputes arising between the company and the customer in connection with this contractual relationship is agreed to be the competent court for the company's registered office. Regardless of this, the company is entitled to sue the customer at his general place of jurisdiction.
16.3 Insofar as designations relating to natural persons are only given in masculine form in this contract, they refer to women and men in the same way. When applying the designation to certain natural persons, the gender-specific form must be used.
Part 2: photography
1. Applicability and scope of the general terms and conditions:
1.1 The following terms and conditions apply if Mag. Eva Pfeffer is a
entrepreneur within the meaning of § 1 KSchG as a contractual partner.
1.2 Mag. Eva Pfeffer provides her services exclusively on the basis of the following general terms and conditions. By placing the order, the client acknowledges their applicability. These also apply to all future business relationships, even if they are not expressly referred to. Any general terms and conditions of the contractual partner are not part of the contract.
1.3 Should individual provisions of these general terms and conditions be ineffective, this does not affect the binding nature of the remaining provisions of the contracts concluded on the basis of them. An ineffective provision is to be replaced by an effective one that comes closest to its meaning and purpose.
1.4 Offers from Mag. Eva Pfeffer are subject to change and non-binding.
2. Copyright provisions:
2.1 Mag. Eva Pfeffer is entitled to all copyrights and ancillary copyrights of the photo manufacturer (Sections 1, 2, Paragraph 2, 73ff UrhG). Usage permits (publication rights, etc.) are only deemed to have been granted if expressly agreed. In this case, the contractual partner acquires a simple (non-exclusive and non-exclusive), non-transferable (assignable) license for the expressly agreed purpose and within the agreed limits (number of copies, time and location restrictions, etc.); in case of doubt, the scope of use stated on the invoice or on the delivery note is decisive. In any case, the contractual partner only acquires as many rights as corresponds to the disclosed purpose of the contract (order placed). In the absence of any other agreement, the license is only valid for a single publication (in one edition), only for the client's expressly designated medium and not for advertising purposes.
2.2 For every use (reproduction, distribution, broadcast, etc.), the contractual partner is obliged to indicate the manufacturer's name (name) or the copyright notice in the sense of the WURA (World Copyright Agreement) clearly and easily legible (visible), in particular not overturned and in normal letters, directly to be attached to the photo and clearly identifiable as follows: Photo: "© CreatEVE eU, Mag. Eva Pfeffer www.createve.at" and, if published, the year of the first publication. In any case, this provision applies as the attachment of the manufacturer's name within the meaning of Section 74 (3) UrhG. If the photo is signed on the front (in the picture), the publication of this signature does not replace the manufacturer's note described above.
2.3 Jede Veränderung des Lichtbildes bedarf der schriftlichen Zustimmung des Fotografen. Dies gilt nur dann nicht, wenn die Änderung nach dem, dem Fotografen bekannten Vertragszweck erforderlich ist.
2.4 The license for use is only valid if the agreed recording and usage fee has been paid in full and is only deemed to have been granted if the manufacturer is properly named / named (point 2.2 above).
2.5 In the case of publication, two free specimen copies are to be sent. In the case of expensive products (art books, video cassettes) the number of specimen copies is reduced to one piece. In the event of publication on the Internet, the photographer must be given the web address.
3. Ownership of the footage - archiving:
3.1.1 Analog photography:
The right of ownership to the exposed film material (negatives, slides, etc.): belongs to the photographer. In return for an agreed and reasonable fee, the contracting party shall leave the recordings required for the agreed use into the property. The delivered photographs remain the property of the photographer until the purchase price has been paid in full.
Slides (negatives only in the case of a written agreement) are only made available to the contractual partner on loan against provision after use at the risk and expense of the contractual partner, unless otherwise agreed in writing.
3.1.2 Digital photography
The photographer retains ownership of the image files. A right to transfer digital image files exists only after an express written agreement and - unless otherwise agreed - only applies to a selection and not to all of the image files produced by the photographer.
In any case, the usage license is only deemed to have been granted to the extent specified in Section 2.1.
3.2 Duplication or distribution of photos in online databases, in electronic archives, on the Internet or in intranets, which are not only intended for internal use by the client, on floppy disks, CD-ROMs or similar data carriers is only permitted on the basis of a special agreement between permitted by the photographer and the client. This does not affect the right to a backup copy.
3.3 The photographer will archive the recording for a period of one year without any legal obligation. In the event of loss or damage, the contractual partner is not entitled to any claims.
4.1 The photographer is entitled to label the photographs and the digital image files with his manufacturer's name in any way he deems suitable (including on the front). The contractual partner is obliged to ensure the integrity of the manufacturer's name, especially if it is passed on to third parties (printers, etc.). If necessary, the manufacturer's designation must be attached or renewed. This applies in particular to all means of reproduction created during production or when making copies of digital image files.
4.2 The contractual partner is obliged to save digital photographs in such a way that the manufacturer's name remains electronically linked to the images, so that it is retained in any type of data transmission and the photographer as the author of the images can be clearly and unambiguously identified.
5. Secondary obligations:
5.1 The contracting party must ensure that any necessary third-party usage permits are obtained and that people are allowed to be depicted. He holds the photographer harmless in this regard, in particular with regard to claims arising from the right to his own image in accordance with § 78 UrhG as well as with regard to usage claims in accordance with § 1041 ABGB The photographer guarantees the consent of authorized persons only in the case of express written consent for the contractual purposes (point 2.1).
5.2 Should Mag. Eva Pfeffer be commissioned by the contractual partner with the electronic processing of third-party photographs, the client assures that he is entitled to do so and releases the photographer from all third-party claims based on a breach of this obligation.
5.3 The contractual partner undertakes to pick up any objects to be photographed immediately after the photograph has been taken. If these objects are not picked up after two working days at the latest after being requested to do so, the photographer is entitled to charge storage costs or to store the objects at the customer's expense. Transport and storage costs are at the expense of the client.
6. Loss and Damage:
6.1 In the event of loss or damage to recordings made on order (slides, negative material, digital image files), the photographer is only liable - regardless of the legal title - for willful intent and gross negligence. Liability is limited to his own fault and that of his employees; for third parties (laboratories etc.) the photographer is only liable for intent and gross negligence in the selection. Any liability is limited to the material costs and the free repetition of the recordings (if and as far as possible). The client is not entitled to any further claims; In particular, the photographer is not liable for any travel and accommodation expenses or for third-party costs (models, assistants, make-up artists and other recording staff) or for lost profits, consequential and immaterial damage.
Claims for damages only exist if the injured party can prove gross negligence. Claims for compensation become statute-barred after 3 months from knowledge of the damage and the damaging party, but in any case 10 years after the service or delivery has been performed.
6.2 Point 6.1 applies accordingly in the event of loss or damage to submitted templates (films, layouts, display pieces, other templates, etc.) and handed over products and props. More valuable items are to be insured by the contract partner.
7. Early termination:
The photographer is entitled to terminate the contract with immediate effect for important reasons. An important reason is to be assumed in particular if bankruptcy or settlement proceedings are opened against the assets of the contractual partner or an application to open such proceedings is rejected due to a lack of cost-covering assets or if the customer stops making payments or there are legitimate concerns about the contractual partner's creditworthiness exist and the photographer does not provide advance payments or a suitable security at the request of the photographer, or if the performance of the service is impossible for reasons for which the contractual partner is responsible or is further delayed despite setting a 14-day grace period, or the contractual partner despite a written warning continues to violate essential obligations from the contract, such as the payment of a due partial amount or obligations to cooperate, with a grace period of 14 days.
8. Service and warranty:
8.1 The photographer will carefully execute the order placed. He can also have the order carried out - in whole or in part - by third parties. If the contractual partner does not make any written instructions, the photographer is free to decide how the order is to be carried out. This applies in particular to the image design, the selection of the photo models, the location and the photographic means used. Deviations from earlier deliveries do not constitute a defect as such.
8.2 We are not liable for defects that can be traced back to incorrect or imprecise instructions from the contractual partner (Section 1168a ABGB). In any case, the photographer is only liable for intent and gross negligence.
8.3 The contractual partner bears the risk for all circumstances that are not the responsibility of the photographer, such as weather conditions during outdoor shots, timely provision of products and props, failure of models, travel hindrances, etc.
8.4 Shipments travel at the expense and risk of the contractual partner.
8.5 The photographer reserves the right - apart from those cases in which the contractual partner is legally entitled to conversion - to fulfill the warranty claim through improvement, replacement or price reduction, as he chooses. In this regard, the contractual partner must always prove that the defect already existed at the time of handover. The goods must be examined immediately after delivery. Any defects found must also be reported to the photographer in writing immediately, but no later than 8 days after delivery, stating the type and scope of the defect. Hidden defects are to be reported immediately after their discovery.
If a complaint is not made or not made in good time, the goods are deemed to have been approved. The assertion of warranty or claims for damages including consequential damages as well as the right to contest errors due to defects are excluded in these cases. The warranty period is 3 months.
8.6 There is no liability for insignificant defects. Differences in color when re-ordering are not considered to be a significant defect. Point 6.1 applies accordingly.
8.7 We are only liable for fixed order dates if this has been expressly agreed in writing. In the event of any delivery delays, 6.1 applies accordingly.
8.8 Minor excesses of delivery times are to be accepted in any case, without the contractual partner being entitled to a claim for damages or a right of withdrawal.
8.9 Any authorizations for use by the photographer do not include the public performance of audio works in any media.
9. Wages / Fees
9.1 In the absence of an express written agreement, the photographer is entitled to a work fee (fee) according to his currently valid price lists, otherwise an appropriate fee.
9.2 The fee is also due for layout or presentation recordings as well as if there is no utilization or depends on the decision of a third party. In this case, no price reductions will be granted on the admission fee.
9.3 All material and other costs (props, products, models, travel expenses, accommodation expenses, make-up artists, etc.), even if they are procured by the photographer, are to be paid separately.
9.4 Changes requested by the contractual partner in the course of the work are at his expense.
9.5 Conceptual services (advice, layout, other graphic services, etc.) are not included in the admission fee. The same applies to an above-average organizational effort or such a meeting effort.
9.6 If the contractual partner refrains from carrying out the order for reasons within his sphere of influence, the photographer is entitled to the agreed fee in the absence of any other agreement. In the event of an absolutely necessary change of date (e.g. due to weather conditions), a fee corresponding to the time spent or reserved in vain and all ancillary costs must be paid.
9.7 The contractual partner waives the option of offsetting.
10. License fee:
Unless otherwise expressly agreed in writing, the photographer is entitled to a separate fee for the use of the work in the agreed or appropriate amount if a license is granted.
11.1 In the absence of other express written agreements, an advance payment in the amount of 50% of the expected invoice amount must be made when the order is placed. Unless otherwise expressly agreed in writing, the remaining fee - if it can be determined for the contractual partner - is due for payment after completion of the work, otherwise immediately after invoicing in cash. The invoices are payable without any deduction and free of charge. In the case of a transfer, payment is only deemed to have been made once the photographer has been informed of the receipt of payment.
11.2 In the case of orders that comprise several units, the photographer is entitled to invoice each individual service after delivery.
11.3 In the event of default in payment by the contractual partner, the photographer is entitled - irrespective of any excessive claims for damages - to charge default interest at an annual rate of 5 percent above the base rate.
11.4 If the delivered images become the property of the contractual partner, this will only happen once the recording fee has been paid in full, including ancillary costs. The assertion of the reservation of title does not constitute a withdrawal from the contract, unless this is expressly declared.
12. Data protection:
Additional data protection information on the general terms and conditions for professional photographers can be found here
13. Use of images for advertising purposes by the photographer:
Unless there is an express written agreement to the contrary, the photographer is entitled to use photographs produced by him to promote his work. The contractual partner grants the photographer his express and irrevocable consent to the publication for advertising purposes and waives the assertion of any claims, in particular from the right to his own image in accordance with § 78 UrhG as well as usage claims in accordance with § 1041 ABGB.
14. Final provisions:
14.1 The place of fulfillment and jurisdiction is the photographer's company headquarters. In the event of a relocation, lawsuits can be brought to the old and new company headquarters.
14.2 Any recourse claims that the contractual partners or third parties make against the photographer under the title of product liability within the meaning of the PHG are excluded, unless the person entitled to recourse can prove that the error was caused by the photographer and was at least grossly negligent. Otherwise, Austrian substantive law is applicable. The applicability of the UN sales law is excluded. The contract language is German.
14.3 These general terms and conditions apply accordingly to films or moving pictures produced by order, regardless of the process and technology used (film, video, etc.).