General Terms
Version Date: 10.09.2024
1. Scope of Application
1.1 These General Terms and Conditions govern the provision of services by Petr Richter, Amraser Straße 63, Top 4, 6020 Innsbruck, (hereinafter referred to as “Company”) to clients (hereinafter referred to as “Client”).
1.2 Contracts are concluded exclusively with business customers; contracts with consumers are not offered. The Client confirms that they are a business entity. If the Client is a consumer, they must notify the Company before concluding a contract.
1.3 The Company renders all services solely under these Terms and Conditions. Deviating terms of the Client will not apply unless the Company explicitly agrees to them in writing.
1.4 Individual agreements between the Company and the Client take precedence over these AGBs and require written confirmation.
2. Services Provided
2.1 The Company provides services primarily in videography, photography, web development, web design, content production, and related consulting. Specific project details, timelines, and deliverables will be outlined in individual contracts or agreements.
2.2 Unless explicitly agreed otherwise in writing, the Company is not responsible for achieving specific outcomes.
2.3 The Company reserves the right to determine creative aspects of video and web content, and the Client may not reject the final product based solely on subjective preferences unless specific requirements were documented and agreed upon.
2.4 Additional services, such as creating videos with subtitles, specific formats, web design modifications, or online marketing campaigns, may incur additional fees.
3. Contract Formation
3.1 A contract is formed through mutual agreement between the Company and the Client, either in writing, via telephone, or other remote communication.
3.2 For contracts agreed upon remotely, the Company may record communications for documentation purposes.
4. Client Cooperation and Acceptance Obligations
4.1 The Client shall cooperate and provide the necessary input and information for service fulfillment.
4.2 Failure to cooperate does not release the Client from their payment obligations, and the Company may invoice the agreed amount if prepared to deliver the service.
4.3 Deliverables provided by the Company will be available for review, and the Client must provide feedback or acceptance within [e.g., 7 days], failing which the service will be deemed accepted.
4.4 Free initial consultations (e.g., video meetings) lasting 60-90 minutes are offered; cancellations made less than 24 hours in advance may incur a fee of € 100.
5. Pricing and Payment
5.1 Invoices are issued electronically.
5.2 Payment terms include 50% advance payment at the contract’s start, with the remainder due upon project completion.
5.3 Prices are stated exclusive of VAT unless otherwise specified.
5.4 Travel costs are billed separately according to standard rates and will be detailed in the final invoice.
6. Modifications and Cancellations
6.1 Project appointments, such as video shoots, must be canceled at least 5 business days in advance in writing. Failure to provide notice will result in a € 300 fee unless the cancellation is due to force majeure.
7. Intellectual Property and Usage Rights
7.1 Rights to content produced by the Company remain with the Company until full payment is made. Upon receipt of payment, the Client receives a non-exclusive usage license as specified in the agreement.
7.2 The Company reserves the right to use all materials and outcomes created during the provision of services (e.g., photos, videos, websites, designs) for its own marketing purposes, including but not limited to portfolio showcases, website galleries, advertisements, and social media promotions.
7.3 If the Client wishes to restrict the use of specific content for marketing purposes, this must be agreed upon in writing before the start of the project. Additional fees may apply for exclusivity or confidentiality agreements.
7.4 Unauthorized use, duplication, or distribution of content provided by the Company is prohibited and may lead to legal action.
8. Liability
8.1 The Company’s liability is limited to intentional misconduct and gross negligence.
8.2 The Company is not liable for third-party materials provided by the Client or for indirect damages.
9. Data Protection
9.1 Personal data is processed in accordance with applicable European data protection laws.
Details are provided in the Company’s Privacy Policy.
10. Jurisdiction and Governing Law
10.1 The court of competent jurisdiction for any disputes arising from this agreement is in Innsbruck.
10.2 Austrian law applies, excluding conflicts of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).