Terms and Conditions · English translation – the German version is legally binding

Terms

Die FILMFALT Media e.U. I Filmproduktion & Videoschulungen, Hirschstettner Straße 19/B0109, 1220 Wien, in Folge «FILMFALT Media», entwickelt und produziert für deren Kunden hochwertige Video- und Multimedia Produktionen sowie AV Eventtechnik, Webcast- und Live-streaming Services aller Art. Weitere Dienstleistungen sind die Postproduktion dieser Werke. Diese Bereiche sind Gegenstand der nachfolgenden vertraglichen Regelungen.

The contractual relationship between FILMFALT Media and its legal successors and the client shall be governed exclusively by these provisions in the version applicable at the time of concluding the contract. FILMFALT Media hereby expressly rejects the application, even supplementary, of any general terms and conditions of the client.

1Non-binding quotation

FILMFALT Media will provide the client with a binding price quotation based on the information provided by the client regarding the planned project at that time.
A separate contract may be concluded for the production of a treatment or script. The price agreed in this contract shall also be paid by the client if they decide not to film the treatment or script, or withdraw from the commission. If a script is provided by the client, or a pre-existing film work is made available by the client or their authorised representative, full transfer of rights to the producer must be effected.
If the client requires specific insurance coverage to be taken out, this must be communicated to the producer no later than upon conclusion of the contract, and the associated costs must be reimbursed by the client.

2Scope of services, costs, and payment terms

FILMFALT Media offers videos produced by it at the prices stated in the binding quotation.
Concepts, scripts, drawings, plans, and similar materials developed by FILMFALT Media or on its behalf remain its intellectual property, unless agreed otherwise in writing. Any use, in particular dissemination, duplication, and publication, requires the express consent of FILMFALT Media.
A separate contract may be concluded for the development of a cross-media concept or screenplay. The price agreed in this contract is payable by the client even if they decide not to implement or film the concept or screenplay, or if they withdraw from the project.
Unless agreed otherwise in the quotation, the following payment terms apply to orders over € 10,000,– net: 50% upon placement of order, 50% upon final acceptance
In the event of default of payment, compensation for all reminder and debt recovery costs, as well as default interest at the rate of the secondary market yield plus 3% from the due date, shall be deemed agreed.
The invoice amount is due immediately without early payment discount, unless agreed otherwise by the parties.
Even without a reminder, the client shall be in default 30 days after receipt of the invoice.
For materials, films and music provided by the client, the client is solely responsible for clearing usage rights and similar permissions. FILMFALT Media assumes no liability in this regard. Unless agreed otherwise in the quotation, licence fees are never included in the price.
Per diems, expenses, and overnight accommodation costs are agreed separately.
If foreign-language versions of the film work are to be produced via dubbing or subtitling, a separate agreement must be concluded.
Cancellation and withdrawal fees: up to 10 days before the start of the event or production: 30% of total rental costs; up to 3 days before the start of the event or production: 60% of total rental costs; from 2 days before the start of the event or production: 100% of total rental costs.
Additional expenditure & author's corrections. Any necessary revisions resulting in additional work due to inadequate quality of templates or manuscripts will be invoiced separately and additionally.
Corrections, final amendments, visual rearrangements, editing changes, and modifications to graphics requested after approval of the rough cut are limited to two revisions; as stated in the quotation, there is a maximum of 2 complimentary revision rounds.
Revisions requested after final sign-off constitute additional work and will be charged separately.
Cost estimates are approximate quotes; the final price may vary by up to 10%. The client will, however, be notified of this in good time and at the latest prior to invoicing.

3Execution of the production

Upon acceptance of an order, FILMFALT Media operates as a video production company under its own commercial responsibility at the fixed price specified in the quotation or at an agreed day rate within a quotation or framework agreement.
Unless expressly agreed otherwise, FILMFALT Media shall be solely responsible up to the finished product for all artistic and organisational activities, such as delivering the concept, idea, and script (including in standardised format), pre-production, providing artistic and technical crew, selecting suitable filming locations, green screen facilities, supplying technical equipment (lighting, cameras, and consumables) and props, obtaining filming permits upon client request, executing filming including any interviews, editing, colour grading, and media export.
FILMFALT Media liaises closely with the client throughout, but retains the right of final decision in accordance with the project brief.
Unless agreed otherwise, the video production company may pass on all or part of the documents (files) of the video project to a suitable subcontractor of its choice.
Weather-related postponements of the shoot (weather risk) are generally not included in the calculated production costs. Any additional costs arising on these grounds will be invoiced on the basis of substantiated expenditure plus overhead costs (HU).

4Copyright, exploitation, and usage rights

Video and multimedia works are produced based on the script accepted by the client and FILMFALT Media. Pursuant to Section 38(1) of the Austrian Copyright Act (UrhG), FILMFALT Media holds all necessary copyright exploitation rights. Unless agreed otherwise, copyright in the finished project and in any edited parts thereof remains with FILMFALT Media, which asserts all moral and legal claims in this regard. Any use of the production in other commercial areas requires the written consent of FILMFALT Media. An exception applies to special offers where it is explicitly permitted to use services rendered by the video production on behalf of the client in other commercial contexts as well.
The quotation/production contract shall specify which usage rights to the completed work are granted to the client upon full payment of the production costs, and to what extent (ATL, BTL, geographical territory, duration).
Explicitly excluded from the grant of rights are any rights of reproduction, editing, modification, adaptation, foreign-language dubbing, and the use of visual and/or audio excerpts, unless expressly agreed by contract and remunerated separately. The remuneration for any such assigned rights of use shall be set at no less than the lost profit of the production. Any claims for damages remain unaffected.
The client is obliged to notify the production company immediately of any use of the commissioned work outside the countries and periods specified in the contract.
To secure copyright exploitation rights, the source material (visual and audio), in particular negatives, master tapes, as well as unused footage, remains with FILMFALT Media.
FILMFALT Media undertakes to store the original footage, image, and audio material of the delivered work professionally against reimbursement of costs. The retention period is two years for commercials and social media spots, and five years for all other commissioned productions. Prior to the expiry of the respective period, the client or their authorised representative must request in writing any extended storage duration. Compensation for the costs of this additional storage shall be handled in accordance with the guidelines of the Commercial Film Producers section of the Association of the Austrian Audiovisual and Film Industry (Fachverband der Audiovisions- und Filmindustrie Österreichs).
If objects are to be depicted or pre-existing works are to be used in the production to which third parties or the client hold rights, in particular copyright or ancillary copyrights or corresponding rights of use, the client shall expressly inform FILMFALT Media of this on their own initiative prior to concluding the contract. In doing so, the client shall inform FILMFALT Media in text form of the scope of these rights, as well as the legal basis and scope of their authority to dispose of them.
The client warrants and represents that they are authorised to act. They guarantee and ensure that no conflicting third-party rights exist, particularly from any contributors to the production of the video or privacy rights of depicted individuals.
The right to edit and synchronise, i.e. the right to trim or split the video while respecting the user's statutory moral rights.
The right to exploit the video in interactive formats, i.e. the right to interactive use, namely individual editing, shortening, altering, and adaptation.
FILMFALT Media grants the client, free of charge, a non-exclusive, perpetual, and geographically unrestricted BTL ('below the line') right of use to the film for the client's own direct purposes to reproduce, distribute, and make the film publicly accessible, including in the form of stills or photographs, in printed promotional material, on physical media, and online across the client's own website and social media presence to promote themselves or their business (e.g. by screening at trade fairs, presentations, corporate events, recruitment fairs, exhibitions, and similar events). Subsequent alterations to the film by third parties or the client themselves are not permitted. The grant of rights shall only take effect upon receipt of full payment of the remuneration due to FILMFALT Media.
FILMFALT Media is entitled to display its company name and logo as a copyright notice or to include a credit for the video production with its website details in the closing credits. FILMFALT Media also has the right to screen the film or have it screened at competitions and festivals. FILMFALT Media is likewise entitled to screen the film or have it screened for self-promotional purposes; this also applies to publications on the internet, on the FILMFALT Media website, or on other relevant digital platforms, in particular its own social media channels.
Neither the client nor FILMFALT Media is under any obligation to exploit the video.

5Liability

FILMFALT Media shall execute the project entrusted to it to the best of its knowledge and ability. Materials provided by the client will be handled with care. Should damage nevertheless occur, FILMFALT Media shall only be liable in the event of proven intentional gross negligence. Any compensation exceeding the material value is excluded.
If circumstances arise during the production of the video and multimedia works that render contractual production impossible, such as force majeure, FILMFALT Media shall only be liable for intent and gross negligence. The impossibility of production or failure to complete the commissioned work on time, through no fault of either FILMFALT Media or the client, shall only entitle the client to withdraw from the contract. However, services rendered to date plus overhead costs [HU] will be invoiced.
All delivery times or dates specified by the producer are non-binding estimates, but will be adhered to as closely as possible. In cases of force majeure, non-delivery by suppliers, operational or transport disruptions, and strikes, agreed dates and delivery times shall be postponed or extended by the duration of such events.
Shipments are carried out at the client's expense and risk. The risk transfers to the client at the time of handover to the person or entity commissioned with the transport. In the event of transport using the producer's own vehicles, the producer shall only be liable to the extent of care exercised in their own affairs.
Defects: The client must inspect the project produced by FILMFALT Media on their own responsibility for defects in content and copy, and notify FILMFALT Media in writing of any defects in picture and sound within one week of receiving the project in question. FILMFALT Media shall be granted the opportunity to rectify complaints within a reasonable period to the client's satisfaction. At the latest one week after delivery of the completed project or of the project revised within a grace period, it shall be deemed 'accepted without complaints'. This does not apply to defects arising from incorrect or amended specifications provided by the client.
The producer is liable for any infringements of rights caused by them during production; however, the client bears the risk for any props provided by them.
The contractor accepts no liability for the infringement of rights belonging to depicted persons or objects.

6Conclusion of contract and performance

A contract for FILMFALT Media productions is concluded under these Terms and Conditions as follows:
Offer by FILMFALT Media provides the client with a written quotation. Acceptance by the client is concluded with FILMFALT Media in text form or by verbal confirmation (e.g. email, letter, etc.) within the acceptance period specified by FILMFALT Media. Any modified acceptance shall be deemed a new offer by the client.
The products presented on the FILMFALT Media websites shall also be deemed offers. Should a client refer to one of these products and explicitly state their intention to purchase in writing or verbally, the offer shall be deemed accepted upon agreement of a production date, provided the client does not object immediately.
Amendments to the production agreement and/or these production conditions require written confirmation. Should any provision of the production agreement invalidate a term within these terms of production and delivery, the validity of the remaining provisions shall remain unaffected.
By placing an order with FILMFALT Media, the client confirms that they have read and agreed to the General Terms and Conditions.

7Severability clause

Should one or more provisions become invalid, the validity of the remaining provisions shall remain unaffected.

8Miscellaneous provisions

The place of performance is the registered office of the producer, FILMFALT Media.
Place of jurisdiction: Vienna.
All prices quoted in euros (€), excluding 20% VAT, excluding transport and service.
Tape media or storage devices are never included in the quotation and will be invoiced at cost.
For materials, films and music provided by the client, the client is solely responsible for clearing usage rights and similar permissions. FILMFALT Media assumes no liability in this regard. Unless explicitly stated otherwise, licence fees are never included in the price.
Standard working hours for staff and services are Monday to Friday, 09:00 to 18:00. Per diems, expenses and accommodation are agreed separately.
Rented equipment is not insured. The client is liable for any damage or theft. At the client's request, electrical equipment insurance can be taken out for a production, charged at 10% of the rental cost. This electrical equipment insurance does not cover theft, embezzlement, or equipment stolen from vehicles. Furthermore, the premises in which the equipment is stored must be locked and guarded.
Equipment owned by FILMFALT Media is regularly serviced and maintained to the state of the art and the latest software versions. Equipment failure does not imply that the agreed service was not delivered and can therefore not be deducted.
FILMFALT Media generally does not grant any sector or competitor exclusivity. Exclusive rights to contract deliverables may be granted to the client by mutual agreement and subject to an additional fee.
Data protection: The client agrees that their company data may be collected, stored, and processed by automated means for promotional purposes, such as sending offers, advertising brochures, and newsletters (in printed and electronic form), as well as for referencing an existing or past business relationship (client reference). The client consents to receiving electronic mail for promotional purposes until revoked.