Terms and Conditions
General Terms and Conditions of vrisch multimediaproduction GmbH (2025)
1. GENERAL
1.1 These General Terms and Conditions ("GTC") apply to all contracts concluded with vrisch multimediaproduction GmbH. Any differing terms and conditions of the Customer shall not apply unless expressly agreed in writing.
1.2 Any side agreements that deviate from these GTC shall only be effective if confirmed in writing by vrisch multimediaproduction GmbH. Verbal offers and agreements are non-binding.
1.3 A legally binding contract with vrisch multimediaproduction GmbH shall only come into effect upon written confirmation of the offer/order by the company (email confirmation permitted) or upon signing of a written contract.
1.4 The production of the work—regardless of medium, whether analog or digital—shall be based on the concept, script, or storyboard approved by the Client or provided by the Client and on the terms defined in writing in the production contract or the accepted offer.
1.5 If concepts, scripts, plans, layouts, tenders, etc. on which the offer was based are changed after the order has been placed for reasons attributable to the Client, the Client shall bear all resulting additional costs and expenses, even if the scope of work does not change. In such cases, an hourly rate of €95 shall be deemed agreed. This amount is value-protected in accordance with the Austrian Consumer Price Index (CPI 2020) published by Statistics Austria or any index replacing it. The basis for calculation is the index figure published for the month of January 2024. In the event of a change of more than 5% (upward or downward), the hourly rate shall be adjusted accordingly. All calculations shall be rounded to two decimal places.
1.6 All concepts, treatments, scripts, storyboards, drawings, plans, and similar documents developed by or on behalf of vrisch multimediaproduction GmbH remain its intellectual property, unless otherwise agreed. Any use—including sharing, copying, or publication—requires the express consent of the company. Documents provided by the Client may be reclaimed by the Client.
2. COSTS
2.1 The agreed price includes all production costs, including the provision of a digital (broadcast-ready) format and rights granted as specified in Sections 7.3 and 7.4. The standard workday is defined as up to 10 hours.
2.2 Costs due to weather-related postponements are not included and shall be invoiced separately based on documented expenses.
2.3 The creation of concepts, designs, treatments, or scripts may be subject to a separate contract. The agreed fee for such works is due even if the Client does not proceed with further production or cancels the project. Where the Client provides a script or pre-existing work, full rights must be transferred to the Producer, with a separate agreement concluded.
2.4 If the Client requires special insurance coverage, this must be communicated no later than the time of contract signing, and the associated costs are to be borne by the Client.
2.5 Technical consulting commissioned by the Client shall be at the Client’s own cost.
3. PRODUCTION, MODIFICATIONS, ACCEPTANCE, FOREIGN LANGUAGE VERSIONS
3.1 Work commences only after the production contract is signed. All deadlines and dates are estimates. Timelines begin only after receipt of written confirmation and full clarification of all order requirements, source materials, and permits. Any subsequent changes requested by the Client extend deadlines accordingly.
3.2 The artistic and technical realization is the sole responsibility of vrisch multimediaproduction GmbH, which shall keep the Client informed.
3.3 The company may subcontract parts of the project.
3.4 Acceptance by the Client constitutes approval of artistic and technical quality.
3.5 Requested changes before final acceptance that are not due to legitimate defects are chargeable. Any cost savings from changes will remain with the Producer.
3.6 After post-production, a single revision round is allowed to correct defects or accommodate improvement requests. Additional changes will be invoiced based on effort.
3.7 Any change requests after final acceptance must be made in writing and are chargeable.
3.8 Foreign language versions require separate agreement.
4. LIABILITY
4.1 The Producer shall deliver a digital product free of technical defects in accordance with current industry standards.
4.2 If production becomes impossible through no fault of either party, the Client may withdraw, but work performed up to that point shall be paid. Liability is limited to intent and gross negligence. Lost profits are excluded.
4.3 A two-week grace period is granted to assist in rectifying defects. The Producer is entitled to withhold performance if outstanding payments are due.
4.4 The Client assumes full liability for materials provided and shall indemnify the Producer against resulting damages.
4.5 The Client is solely responsible for rights clearance for all third-party materials provided and shall indemnify the Producer accordingly.
5. WITHDRAWAL BY CLIENT
5.1 If the Client cancels after placing the order but before production, 50% of the agreed total is payable.
5.2 If cancellation occurs between 10 and 4 days before production, 2/3 of the total is payable.
5.3 Cancellation 3 days or fewer before production start results in 100% invoicing of the agreed amount.
6. PAYMENT TERMS
Unless otherwise agreed:
50% is due upon order placement
50% is due upon acceptance Invoices are payable within 14 days of receipt.
Late payments incur 10% annual interest. Ownership and rights are retained by the Producer until full payment.
7. COPYRIGHT
7.1 The Producer holds all necessary rights unless otherwise assigned by collecting societies.
7.2 The rights of use are transferred to the Client only after full payment and only to the extent stipulated.
7.3 Default rights for film productions include Austria-only performance rights for one year. Extended rights require separate agreement.
7.4 For internet/apps, default rights include making available to the public via digital platforms. Further development, editing, or platform expansion requires separate agreement.
7.5 Editing, dubbing, excerpt use, and other derivative uses require separate written agreements.
7.6 The Client must notify the Producer of all uses beyond the agreed scope.
7.7 The Producer will handle collecting society reporting.7.8 All raw and project files remain with the Producer. Storage or delivery requires separate agreement and compensation.
7.9 Master materials are stored professionally for 2 years. Additional storage requires written request and incurs cost.
7.10 The Producer may use materials for self-promotion, training, and showreels, including publication on the internet.
8. SOFTWARE DEVELOPMENT-SPECIFIC TERMS
8.1 Scope: These additional terms apply where vrisch multimediaproduction GmbH is engaged in software design, development, testing, deployment, and maintenance.
8.2 Definitions: "Software" includes source code, executable programs, user interfaces, databases, and documentation.
8.3 Delivery and Acceptance: The software shall be delivered as defined in the contract. Acceptance tests shall follow agreed specifications. If no objection is raised within 14 days of delivery, the software shall be deemed accepted.
8.4 Maintenance & Support: Unless explicitly agreed, ongoing maintenance, updates, or bug fixes are not included. Separate contracts are required.
8.5 Third-Party Components: Use of third-party libraries or tools shall be disclosed. The Client accepts all associated licensing obligations.
8.6 Intellectual Property: Unless otherwise agreed, vrisch multimediaproduction GmbH retains full rights to the source code, with the Client receiving a non-exclusive, non-transferable right to use the software for the agreed purpose.
8.7 Warranty and Liability: The Producer warrants that the software performs substantially as described in the specification for 90 days post-delivery. Liability for consequential damages and data loss is excluded unless due to gross negligence.
8.8 Security and Data: The Client is responsible for the security, backup, and integrity of their data and systems unless a data protection agreement is explicitly included.
8.9 Escrow and Source Code Access: Access to source code may be regulated via escrow agreement or separate licensing.
9. DATA PROTECTION AND PRIVACY
9.1 vrisch multimediaproduction GmbH processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and applicable Austrian data protection law.
9.2 When acting as a data processor on behalf of the Client, vrisch multimediaproduction GmbH will process data strictly according to the Client’s instructions. In such cases, a separate Data Processing Agreement (DPA) must be concluded prior to the commencement of processing.
9.3 The Client remains responsible for ensuring that any data provided to vrisch multimediaproduction GmbH is lawfully obtained and that the processing requested complies with applicable data protection laws.
9.4 vrisch multimediaproduction GmbH may use third-party service providers (e.g., hosting, cloud storage, email, analytics) based within the EU or otherwise compliant with GDPR. A list of current sub-processors is available upon request.
10. FORCE MAJEURE
10.1 Neither party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is due to force majeure, including but not limited to acts of God, war, terrorism, pandemics, natural disasters, government restrictions, cyberattacks, or power outages.
10.2 In the event of a force majeure situation, the affected party shall notify the other party promptly. Obligations may be suspended for the duration of the event.
10.3 If the force majeure event continues for more than 30 days, either party may terminate the contract with immediate effect without liability, provided that all services rendered to date are paid for.
11. LIMITATION OF LIABILITY
11.1 vrisch multimediaproduction GmbH’s liability for damages arising from contractual breaches, tort, or any other legal theory is limited to the amount paid by the Client under the contract.
11.2 Liability for indirect, incidental, or consequential damages (such as loss of profits, business interruption, or reputational harm) is excluded unless caused by intent or gross negligence.
11.3 Nothing in this clause shall limit liability in cases of death, personal injury, or liability under mandatory law.
12. GOVERNING LAW AND JURISDICTION
12.1 These GTC and all contracts concluded under them shall be governed by the laws of the Republic of Austria, excluding its conflict of law rules.
12.2 The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
12.3 The exclusive place of jurisdiction for all disputes arising out of or in connection with these GTC or any related contract shall be Vienna, Austria.
13. MISCELLANEOUS
13.1 vrisch multimediaproduction GmbH may include its name/logo in the final work.
13.2 For joint Clients, a single point of contact must be defined.
13.3 Co-production partners must also designate a single representative.
13.4 Amendments require written agreement. Invalid clauses do not affect overall enforceability. Invalid provisions shall be replaced with valid ones serving the same purpose.
13.5 Language versions: In case of discrepancies between translations, the English version shall prevail.