T&C's
01.
Scope and Application
(1) These General Terms and Conditions (“Terms”) apply to all offers, orders, deliveries, and services provided by *Just the Two of Us Productions* (“the Contractor”). Unless otherwise agreed in writing, they shall also apply to all future transactions with the same Client.
(2) These Terms serve to clarify and supplement the contractual relationship between the parties, which is otherwise governed by the specific contents of each individual order.
(3) Any amendments or additions to these Terms must be made in writing and expressly identified as such.
(4) Unless the client has given express instructions regarding the design of the photos or videos/films, the contractor is free to choose the image concept and the artistic and technical design. Complaints in this regard are excluded.
(5) In the case of photographs of persons and photographs of objects to which third-party copyrights, property rights, or other rights of third parties apply, the client is obligated to obtain the consent of the persons depicted and the rights holders required for the production and use of the images or videos/films.
(6) The basis for the contract is the respective offer from the contractor, in which all agreed services and remuneration are specified. These offers from the contractor are subject to change and non-binding.
(7) The contract shall come into effect upon written confirmation of the order offered.
(8) The services offered by the contractor must be checked by the customer and confirmed in writing or by payment of the fee in advance.
02.
Terms of use and copyright
(1) The photographer or videographer shall be entitled to the exclusive copyright to all photos or videos/films produced within the scope of the respective order. According to copyright law, copyrights are not transferable. The contractor shall obtain from the photographer or videographer the exclusive right of use for all types of use, whether known or unknown.
(2) The contractor transfers a simple right of use for the photos or videos/films to the client. This includes exclusively private, non-commercial use. Any modification or further processing (e.g., through photo compositing, montage, or electronic means to create a new copyrighted work) of the delivered photos or videos/films requires the express permission of the contractor. The same applies to the transfer of rights of use to third parties, which is generally not permitted to the client.
(3) Any subsequent commercial use of the photographic works or videos/films—in whatever form—by the client itself or by third parties may only take place with the prior written consent of the contractor. This also applies to image files that have been digitally or otherwise altered or distorted by the client or by third parties.
(4) The rights of use to be transferred shall only be transferred after full payment of the agreed fee in the form of photo downloads or video downloads or as agreed.
(5) If the photographer or videographer grants permission for the use of the photos or videos/films, he or she may demand to be named as the author of the photograph or video/film. If he or she exercises this right, any violation of the right to be named entitles the photographer or videographer to compensation.
(6) The client shall receive only processed image material in high resolution in JPG or MOV format. The delivery of unprocessed, digital raw data (RAW) is excluded. The storage of digital image data is not part of the order. Storage is therefore provided without guarantee. The minimum number is determined by the confirmation of the offer.
(7) Individual deviations from the rights of use and copyrights and special conditions for persons of contemporary history must be agreed in writing.
(8) The photographer or videographer is permitted to use all image material or video/film material for their own advertising purposes. The client may revoke this right at any time.
03.
Compensation
(1) For the production of photos or videos/films, a fee will be charged at an hourly rate, daily rate, or agreed flat rate, including statutory value-added tax and plus any travel expenses.
(2) Invoices are due and payable within 14 days without deduction. Until the purchase price has been paid in full, the delivered photos or videos/films remain the property of the contractor.
(3) If the time scheduled for the execution of the order is significantly exceeded for reasons for which the contractor or its vicarious agents are not responsible, or if the client requests an extension, the contractor's fee shall increase in accordance with the additional time required, provided that a flat rate based on a time frame was agreed upon. If an hourly fee has been agreed, the contractor shall also receive the agreed hourly or daily rate for the waiting time, unless the client can prove that the contractor has not incurred any damage.
(4) A corresponding advance payment is due upon signing the relevant contract. The dates specified in the contract shall only be deemed booked once the amount has been received by the contractor. If the advance payment is not received on time, the contractor shall not be obliged to carry out the order.
(5) If the wedding order for the performance of the service is revoked by the client within 3 days of signing, an expense allowance of €30.00 plus travel costs will generally be charged (consultation, telephone charges, preparation of cost estimate, etc.). If the service agreed here is canceled by the client and the contractor is able to arrange at least one wedding of equal value for the canceled wedding, the full amount of the deposit will be refunded. However, if there is a difference in value between the newly booked wedding and this agreement, the contractor will retain the difference and refund the remaining amount of the deposit. If it can be proven that no other booking can be made by the contractor or that further inquiries have demonstrably not been accepted due to the existing contract, the contractor will incur a financial loss, which will be invoiced at 75% of the agreed basic fee (fee without additional costs such as book costs, travel and transportation allowances).
(6) Exceptions to this are illness (bride and groom) or death (family), which lead to the cancellation of the wedding ceremony/celebrations. Verification/proof of the situation is at the discretion of the photographer or videographer.
(7) Appointments must be canceled at least 14 days in advance (except for weddings). Otherwise, 50% of the agreed fee will be charged (except for weddings). Appointments can be rescheduled free of charge up to 4 days before the appointment (except for weddings), except in cases of illness or accident, of course. Appropriate proof must be provided at the discretion of the photographer or videographer.
(8) For weddings, if cancellation occurs more than 3 months prior to the wedding, no costs will be charged, only the deposit will be retained. for cancellations less than 3 months before the planned wedding, 50% of the total amount will be charged, for cancellations less than 1 month before the planned wedding, 75% will be charged, and for cancellations less than 2 weeks before the planned wedding, 100% will be charged.
04.
Liability / Transfer of risk
(1) The contractor shall only be liable for damage of any kind arising from the performance of the contract on its own behalf and on behalf of its vicarious agents in cases of intent and gross negligence. This shall not apply to damage resulting from injury to life, limb, or health, or from the breach of essential contractual obligations caused by culpable breaches of duty by the contractor or its vicarious agents.
(2) The contractor shall only be liable for damage to or loss of digital image data (despite multiple security measures) in cases of intent and gross negligence.
(3) The contractor shall not be liable for any damage, defects, or loss caused by subcontractors or suppliers who perform their services on their own account.
(4) Delivery dates for photos or videos/films are only binding if they have been expressly confirmed by the contractor. The contractor shall only be liable for exceeding the deadline in cases of intent and gross negligence.
(5) The organization and assignment of bookings to the contractor, as well as their execution, shall be carried out with the utmost care. However, if, due to circumstances beyond the contractor's control (e.g., sudden illness, traffic accident, environmental influences, traffic disruptions, etc.), no photographer or videographer is able to attend the agreed photo appointment or arrives late, or if only one photographer or videographer is able to attend due to illness, no liability can be accepted for any resulting damage or consequences.
(6) Complaints of any kind must be received by the contractor within 14 days of delivery of the images. After expiry of this period, the images shall be deemed to have been accepted in accordance with the contract and free of defects.
05.
Data protection
The client agrees that their personal data required for business transactions may be stored. The contractor undertakes to treat all information disclosed to them in the course of the contract as confidential. Data will not be passed on to third parties unless this is necessary for the execution of the contract.
Final provisions / Severability clause
(1) The law of the Federal Republic of Austria shall apply exclusively.
(2) There are no ancillary agreements to the contract and, if subsequently desired, they must be made in writing to be effective.
(3) In the event that the client does not have a place of jurisdiction in the Federal Republic of Austria, or moves its registered office or habitual residence abroad after conclusion of the contract, the place of residence of the contractor shall be agreed as the place of jurisdiction.
(4) Should any provision of these General Terms and Conditions be or become invalid, or should the terms and conditions contain a loophole, this shall not affect the legal validity of the remaining provisions. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes closest to the economic intent of the parties; the same shall apply in the event of a loophole.
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