Terms & Conditions

for Film, Photography & Graphic Design Services

1. Scope of Application

These Terms & Conditions (T&C) apply to all offers, contracts, and services provided by the Contractor in the fields of film production, photography, graphic design, post-production, and related creative services.
Conflicting terms of the Client are only valid if expressly agreed to in writing.

2. Formation of Contract

A contract is deemed valid once confirmed in writing by the Contractor or once work has commenced.
All offers are non-binding unless explicitly stated otherwise.

3. Prices and Payment Terms

3.1 Deposit / Cancellation Fee

For all project-based work:
The Contractor will only begin work after receiving a deposit of 30% of the agreed total price.
This deposit also serves as a non-refundable cancellation fee should the Client cancel the project.

3.2 Final Payment

The remaining 70% is due upon delivery of the final products or upon project completion.

3.3 Long-Term or Multi-Month Projects

For projects extending over several months, the following payment schedule applies:

30% deposit at the time of commissioning

30% upon reaching the halfway point of the project

40% upon delivery or project completion

Each instalment must be paid before further work continues.

3.4 Expenses and Production Costs

All external costs—specifically:

printing costs

studio rentals

equipment rentals

travel expenses

layout and prepress costs for printed materials

must be paid in advance. The Contractor will only incur such expenses after full prepayment by the Client.

4. Monthly Packages, Service Fees & Call-Off Agreements

4.1 Monthly Packages / Retainers

Flat-rate packages (e.g., consulting, social media content, regular design or editing work) are invoiced monthly.
Unused services do not roll over unless otherwise agreed in writing.

4.2 Call-Off Agreement

For recurring or spontaneous tasks, a Call-Off Agreement may be established.
It sets out:

valid hourly rates

response times

scope of services

billing procedures

All services are billed based on actual time spent. There is no minimum call-off requirement; however, requested services are binding and billable.

4.3 Service Fees

Service or maintenance fees (e.g., data storage, archiving, server costs, asset management) may be charged monthly or annually.
These fees cover ongoing service work and are independent of project volume.

5. Scope of Services and Changes

The agreed scope of work derives from the written offer and order confirmation.

5.1 Change Requests

Any modifications, additions, or extra tasks requested by the Client (Change Requests) will be billed separately according to current hourly rates or as otherwise specified.

5.2 Revision Rounds

Unless stated otherwise, each project includes one revision round.
Additional revisions will be billed separately.

6. Client Duties

The Client must provide all required information, assets, brand guidelines, files, materials, and approvals in a timely manner.
Delays caused by insufficient or late contributions extend the delivery schedule accordingly.

7. Usage Rights

Usage rights are transferred to the Client only after full payment has been received.
Until then, all intellectual property rights remain with the Contractor.

Any use beyond the agreed scope, as well as passing materials on to third parties, requires explicit written permission.

8. Retention of Title

All delivered data, concepts, raw files, source files, and project files remain the Contractor’s property until the project is paid in full.

The release of open files (e.g., project files, layered files, vector sources) is not included unless explicitly agreed upon and subject to additional fees.

9. Liability

The Contractor is only liable for damages caused by gross negligence or willful misconduct.
Liability for lost profits or consequential damages is excluded.

The Client is solely responsible for ensuring they possess the rights to any materials they provide (text, images, music, logos, etc.).

10. Withdrawal and Cancellation

The Client may cancel the project at any time; however, the 30% deposit is non-refundable and retained as a cancellation fee.
Any work already completed will be invoiced additionally.

11. Delivery Deadlines

Delivery deadlines are only binding if expressly confirmed in writing.
Delays caused by force majeure, illness, or insufficient Client cooperation extend the deadlines reasonably.

12. Data Protection

Personal data is processed solely for the purpose of fulfilling the contract and in accordance with applicable data protection laws.
Data will not be shared with third parties unless necessary for providing the agreed services.

13. Final Provisions

Should individual clauses of these T&C be invalid, all remaining provisions remain unaffected.
Austrian law applies. The place of jurisdiction—where legally permissible—is the business location of the Contractor.