General Terms and Conditions

§ 2 Applicability of the General Terms and Conditions

The client agrees to these General Terms and Conditions when placing the order. These General Terms and Conditions take precedence over any terms and conditions of the customer.

§ 3 Contract components and changes to the contract

3.1.
The conclusion of the contract (also referred to as placing an order) in accordance with these General Terms and Conditions takes place with confirmation of the appointment reservation, which forms part of the contract. This can be confirmed by the client in writing (e.g. via email or other text message) or verbally to the order.

With full payment of the agreed fee, the client acquires the rights of use to all work produced by the contractor within the scope of this order for the contractually agreed period and to the contractually agreed extent. This transfer of rights of use applies worldwide, insofar as a transfer is possible under Austrian law.
4.2.
The client acknowledges that the image material delivered by the contractor constitutes copyrighted photographic works within the meaning of the Austrian Copyright Act. The delivered image material remains the property of the contractor. Unless the contracting party issues written instructions, the contractor is free in the manner of performing the assignment. The selection of the photographs and the type and style of editing are exclusively at the discretion of the contractor. The right to reproduce and to pass on the images to third parties is granted for private use only. Commercial use by the client is not permitted. Regardless of the scope of usage rights granted in the individual case, the contractor is entitled to use the images commercially for self-promotion, including but not limited to presentation on the contractor’s website or social media channels, as well as for wedding fairs and competitions. Any publication or transfer of images to involved service providers (e.g. venue, floristry, styling, planning) shall only take place after prior review and explicit approval by the couple. For this purpose, the contractor will provide a separate selection gallery, which the couple may review, adjust, or restrict accordingly. No publication or transfer of images shall take place without the explicit consent of the couple. The couple has the option to individually restrict or completely exclude usage rights. In such a case, a correspondingly adjusted license agreement shall be concluded, as the photographic work is then intended exclusively for private use.
4.3.
The client is obligated to clearly and legibly (visibly) include the manufacturer’s designation (name attribution) or copyright notice in accordance with the WURA (Universal Copyright Convention) with each use (reproduction, distribution, transmission, etc.), in particular not upside down and in normal letters, directly with the photograph and clearly assignable to it as follows:

4.4.
The work of the contractor may not be changed by the client or third parties commissioned by the client, either in the original or in the reproduction. Any imitation, including that of parts of the work, is not permitted. In the event of infringement, the contractor shall be entitled to an additional fee from the client of at least 2.5 times the amount of the originally agreed fee.
4.5.
The transfer of granted rights of use to third parties and/or multiple uses are subject to a fee, unless regulated in the initial order, and require the consent of the contractor.

§ 5 Payment of the fee
5.1.
The remuneration agreed in the contract applies. Upon confirmation of the appointment reservation, a deposit of 30% of the agreed remuneration is due immediately. A second deposit of 30% is due 2 months before the assignment. Unless otherwise contractually agreed, payments are due within 7 days of invoicing without any deduction. If the payment deadlines are exceeded, the contractor is entitled to default interest at the statutory rate without further reminder. The right to assert further damages remains unaffected by this provision.
5.2.
If the client cancels the order in accordance with the appointment reservation confirmation, a cancellation fee of 30% of the agreed remuneration will be charged. If the cancellation of the order takes place one month before the agreed project date, the cancellation fee increases by a further 30% to a total of 60%. The possibility of offsetting the cancellation fee with the deposit is hereby agreed. In addition, in the event of changes or cancellation of the order in accordance with the appointment reservation confirmation by the client and/or if the conditions for the provision of services change, the client shall reimburse the contractor for all costs incurred as a result and the contractor shall be released from any liabilities towards third parties and held harmless.

§ 6 Additional services

Unforeseeable additional expenses require mutual agreement and, if necessary, subsequent remuneration.

§ 7 Liability
7.1.
The contractor is liable for damages that he himself causes intentionally or through gross negligence. No liability is assumed for slight negligence. This also applies to damages resulting from a positive breach of contract or tort.
7.2.
The replacement of any indirect damage by the contractor is excluded. No liability is assumed for defects, damages or only partially executed work that can be attributed to instructions from the client.
7.3.
The contractor assumes no liability for the violation of rights of depicted persons. The client must inform the contractor if individual persons do not agree to the publication of recordings.

§ 8 Data protection
The client agrees that his personal data required for business transactions will be stored. The contractor undertakes to treat all information that becomes known to him within the scope of the order as confidential. Data will not be passed on to third parties, unless this is necessary for the execution of the order and with the consent of the client.

I use the service https://app.kreativ.management to provide my services to my customers. This offers me in particular the possibility to create master data of the customers/bridal couples I look after, a calendar management, a task/to-do list, a mailbox for communication between me and my customers as well as the possibility to create offers and invoices for the services of the user directly via the service. This service is offered by Kreativ.Management GmbH, with whom I have a user agreement and a data protection-related order processing agreement.

§ 9 Right of withdrawal
9.1.
The client has the right to withdraw from the contract with the contractor within fourteen days without giving reasons. The withdrawal period begins on the day the contract is concluded.
9.2.
In order for the client to exercise the right of withdrawal, he must inform the contractor of his decision to withdraw from the contract by means of a clear declaration (e.g. a letter or e-mail sent by post).

§ 10 Delivery and transfer of the image material
The contractor delivers the image material within the period specified in the offer. The images are provided exclusively in high-resolution JPG format. The contractor is entitled to have the order carried out in part by third parties (laboratories, etc.).