Summary (not part of the contract)
- The scope of services, deadlines, prices, and deliverables are defined in the proposal and the order confirmation.
- Unless otherwise agreed, the fee includes two revision rounds per service package; additional changes are billed on a time-and-effort basis.
- Approvals are due within one week; if no response is received, the service is deemed accepted.
- Usage rights transfer to the client only upon full payment and within the agreed scope; for 3D animations, the deliverable is the rendered final product (film/still image) — production and project files (e.g., 3D models, scenes, textures) are included only upon express written agreement.
- Third-party services (e.g., voice artists, music licenses, translations) may be required and will — unless otherwise agreed — be charged to the client.
- Liability and warranty are governed by these Terms; the place of jurisdiction is the registered office of the agency (Austria).
1. Applicability and Contract Formation
These Terms apply to all services provided by the agency, even where not expressly referenced. The version in effect at the time of contract formation shall apply.
Our offers are generally directed at business clients. Should the client qualify as a consumer under the Austrian Consumer Protection Act (KSchG), mandatory consumer protection provisions apply; certain clauses of these Terms may then be inapplicable or only partially applicable.
Deviations and additions are only valid if confirmed in writing by the agency. The client’s own general terms and conditions are not accepted.
Amendments to these Terms will be communicated to the client. If the client does not object in writing within 14 days, the amendments are deemed agreed. The client is expressly advised of the significance of their silence.
Offers from the agency are non-binding unless expressly stated otherwise.
2. Social Media Services (only upon express commission)
Social media services (e.g., creation/adaptation of content, management of profiles, or advertising on platforms such as Meta, Instagram, LinkedIn, or TikTok) are only part of the contract if expressly agreed in the proposal or order confirmation.
Platform operators may reject, restrict, remove, or suspend content, profiles, or advertisements at any time — including without stating reasons. The agency has no influence over this. No guarantee is given for activation, reach, performance, or continued availability.
The agency’s contractual obligation consists of the agreed-upon creation/setup and delivery of content/assets, as well as the measures described in the commission. Whether and how content or advertisements are published or distributed is decided solely by the respective platform operator.
In the event of third-party complaints, policy changes, bans, or technical restrictions, restoration or adaptation may take time and may be partly outside the agency’s control. Any additional effort arising from this — where the cause is not attributable to the agency — will be billed by time and effort.
3. Concept and Idea Protection Pitching Contract
If the agency is invited to develop a concept prior to contract formation, a pitching contract is established upon invitation and acceptance, to which these Terms also apply.
Protection of Ideas
All ideas contained in the concept — including those without copyright protection (e.g., advertising slogans, texts, graphics) — are protected. The prospective client may not use these ideas without the agency’s consent.
If the client has independently developed a presented idea prior to the pitch, they must notify the agency by email with supporting evidence within 14 days of the presentation. Otherwise, the idea is deemed new and developed by the agency.
Compensation
The prospective client may be released from their obligations by paying reasonable compensation (plus 20% VAT). The release takes effect only upon receipt of full payment.
4. Scope of Services and Client Cooperation
The scope of services is defined by the agency contract, the order confirmation, and the briefing protocol. Within this framework, the agency has creative latitude. Changes require written confirmation.
Approvals
The client must review and approve all agency deliverables (drafts, files, proofs, etc.) within one week. If no response is received within this period, the service is deemed approved.
Client’s Duty to Provide Information
The client shall provide the agency with all necessary information and materials in a timely manner. Additional effort caused by incorrect or subsequently changed information is at the client’s expense.
The client is obligated to independently verify all submitted materials (photos, logos, etc.) for third-party copyright and trademark rights and to guarantee that they are free of such rights. The agency accepts no liability for this.
5. Revision Rounds and Change Requests
The agreed fee includes two revision rounds per service package. A revision round is defined as a consolidated set of client feedback on a complete draft.
Each additional revision round, as well as substantive changes that go beyond the original brief, will be billed at the agreed hourly rate or as a separate offer.
A fundamental substantive reorientation after the client’s approval has already been granted does not constitute a revision but rather a new service commission and will be remunerated accordingly.
6. Engagement of Third Parties (External Services)
The agency may engage suitable third parties to provide services (e.g., voice artists, translators, programmers, music license providers, render services) and shall select them with due care.
If the agency commissions such third parties in its own name, they act as the agency’s vicarious agents. If the agency commissions third parties in the name and on the account of the client, or arranges a direct contract between the client and a third party, the contractual relationship is established directly between the client and the third party; in such cases, these third parties are not vicarious agents of the agency.
External services will — unless otherwise agreed — be passed on to the client. The agency is entitled to request reasonable advance payments for external services.
7. Deadlines and Time Frames
Stated delivery and service deadlines are non-binding unless expressly agreed in writing as binding.
In the event of delays due to force majeure or unforeseeable events, deadlines will be extended accordingly. If such obstacles persist for more than 2 months, either party may withdraw from the contract.
In cases of other agency delays, the client must first set a written deadline of at least 14 days before being entitled to withdraw from the contract. Compensation for delays is excluded, except in cases of intent or gross negligence.
8. Early Termination by the Agency
The agency may terminate the contract for good cause with immediate effect, in particular if:
- the client culpably renders performance impossible or delays it despite a set deadline,
- the client fails to fulfill essential contractual obligations (e.g., payment) despite written notice and a 14-day grace period,
- there are justified doubts about the client’s creditworthiness, and the client fails to provide advance payment or security.
Termination by the Client
The client may likewise terminate the contract for good cause if the agency breaches essential contractual obligations despite written notice and a reasonable grace period (min. 14 days).
9. Term and Ordinary Termination (Retainer Agreements)
Ongoing retainer agreements are concluded for an indefinite period unless a fixed term is agreed.
Either party may terminate an ongoing retainer agreement in writing with four weeks’ notice to the end of a calendar month.
The right to early termination for good cause (see Section 8) remains unaffected.
Upon termination, all services rendered up to the effective date of termination remain subject to the agreed fee. Already commissioned third-party services (e.g., media bookings) transfer to the client upon the effective date of termination, provided cancellation is no longer possible.
10. Fees
The fee claim arises upon performance of the respective service. The agency may request advance payments.
The agreed fee is a net fee plus applicable VAT. Services not expressly agreed upon, as well as all out-of-pocket expenses, are billed separately.
Cost estimates are non-binding.
If work is not executed by the client, the agency is nonetheless entitled to the agreed remuneration. This payment does not grant the client any usage rights to services already rendered. Unexecuted concepts and documents are to be returned to the agency.
11. Payment and Retention of Title
Invoices are due immediately and without deduction unless otherwise agreed.
In the event of default, statutory default interest applies (commercial transactions). In addition, reminder and collection costs are to be reimbursed (minimum €20.00 per reminder, plus costs for any legal reminder).
In the event of payment default, the agency may immediately accelerate all outstanding claims under other contracts and withhold further services until the outstanding amount is settled.
In the case of agreed installment payments, the agency may demand immediate payment of the entire remaining balance upon default.
Set-off against the client’s own claims is only permitted if those claims have been acknowledged in writing by the agency or established by a court.
12. Ownership and Copyright
All agency services (including presentations, drafts, and concepts) remain the property of the agency. Upon full payment, the client acquires the right to use the property for the agreed purpose.
Scope of Delivery for 3D Computer Animations
Unless otherwise agreed, the agency’s obligation to the client is limited to the final product, as defined in the proposal (e.g., the rendered film in the agreed format/codec and resolution, and, where applicable, still images).
Production and source files are not part of the contract. These include, in particular, 3D models, scene and project files, rigging, textures/materials, simulations/caches, render setups, compositing/editing projects, and other working files (“production data”).
The client acquires with the fee the right to use the final product (“the painting”), not the tools used to create it (“the brush”). Production data will only be disclosed or transferred upon express written agreement and — to the extent permitted by licensing law — against separate remuneration.
The client may, within the agreed scope of use, extract and use individual frames from the delivered film, provided no third-party rights are infringed.
Where the final product contains third-party licensed components (e.g., voice recordings, music, stock material, typefaces), their use is governed by the respective license terms; isolated distribution or reuse of individual components is not included.
Modifications, adaptations, or further developments of the final product by the client or third parties that go beyond purely technical adjustments without substantive changes (e.g, transcoding/format conversion, scaling) require the express consent of the agency (and where applicable, the author).
Any use beyond the agreed purpose requires the agency’s consent and separate remuneration.
In the event of unauthorized use, the client owes double the appropriate fee.
13. Digital Accounts, Access, and Domains (only upon express commission) Ownership
All digital accounts, profiles, and advertising access (e.g., Meta Business Manager, Google Ads, Instagram accounts, domains) created or managed by the agency on behalf of the client are managed in the client’s name and on the client’s account as a matter of principle.
The agency expressly recommends that the client always retain ownership of the primary access credentials (admin access) and grant the agency only the user rights necessary for service delivery.
Upon Termination
Upon termination of the contractual relationship, the agency shall, upon request, transfer all access credentials and administrative rights to the client required to continue using the accounts created or managed on the client’s behalf.
Accounts, profiles, or domains created by the agency at its own expense and in its own name (e.g., for testing purposes) remain the property of the agency, unless expressly agreed otherwise.
Third-Party Accounts and Budgets
Advertising access at third-party providers (e.g., Meta, Google) may be subject to their own terms of use and liability provisions. The client acknowledges that the agency has no influence over account closures or suspensions by these platform operators.
Advertising credits and budgets deposited directly with the client, or pre-financed by the agency, are to be settled immediately upon termination. Any unused pre-financed budgets must be reimbursed by the client without delay.
14. Use of AI Tools
The agency may use AI-powered tools in the course of its service delivery (e.g., for text, image, or concept support). Their use is at the agency’s professional discretion and serves the purposes of efficiency and quality assurance.
Where external AI services are used, the agency takes appropriate measures to protect confidential information. The client may exclude the use of specific AI tools or external AI services in writing prior to placing an order; any additional effort resulting from this may be charged separately.
Liability and Rights
AI-assisted results may be incomplete or erroneous and must be reviewed and approved by the client prior to publication or production. The client remains responsible for the legal permissibility of the final content used (in particular with regard to copyright, trademark, competition, and personality rights).
The agency accepts no liability for infringements arising solely from content, specifications, or approvals provided by the client. The agency’s obligation to flag recognizable risks as part of a standard high-level review remains subject to Sections 17 and 18.
15. Confidentiality Agency’s Obligations
The agency undertakes to treat all information, data, and documents of the client that become known in the course of the contractual relationship as confidential and not to disclose them to third parties, unless this is required to fulfill the contract or the client expressly consents.
This confidentiality obligation survives the termination of the contractual relationship for as long as the information in question remains unknown to the public.
Client’s Obligations
The client undertakes to treat all documents, concepts, methods, and work results made available by the agency as confidential and not to disclose them to third parties without the agency’s express consent.
16. Reference Attribution and Credit
The agency may include a reference to itself and the author on all advertising materials.
The agency may name the client (name, logo) as a reference on its website and in its own promotional materials — unless the client revokes this in writing.
17. Warranty
Defects must be reported promptly, at the latest within 8 days of the service’s delivery, in writing. Latent defects must be reported within 8 days of their discovery. Without timely notice of defects, the service is deemed approved.
In the case of justified defects, the client is entitled to rectification or replacement. If rectification is impossible or disproportionately burdensome, the client is entitled to rescission or a price reduction.
Review of the service for legal permissibility (competition, trademark, and copyright law, etc.) is the client’s responsibility. The agency is only obligated to conduct a general high-level review.
Warranty period: 6 months from delivery/performance. The right of recourse under § 933b ABGB expires 1 year after delivery.
18. Liability
The agency is not liable for material or financial damages arising from minor negligence, nor for direct or indirect losses, loss of profit, or damages due to delay. The existence of gross negligence must be proven by the injured party.
The agency is not liable for claims brought against the client by third parties on account of the agency’s services, provided the agency has fulfilled its duty to advise. The client shall indemnify and hold the agency harmless in this regard.
Claims for damages become time-barred 6 months after the injured party becomes aware of the loss, and no later than 3 years after the infringing act. Damages are limited in amount to the net value of the respective commission.
19. Data Protection
The agency processes the client’s or its contact persons’ personal data (in particular, name/company name, contact details, business address, VAT number/bank details, and project-related communication and contract data) for the purposes of preparing offers, fulfilling contracts, communicating, invoicing, and documenting the business relationship.
The legal basis is Art. 6(1)(b) GDPR (contract or pre-contractual measures) and — where required — Art. 6(1)(f) GDPR (legitimate interest in proper business management).
Further information (including on storage periods, recipients, and data subject rights) can be found in our Privacy Policy on our website.
20. Applicable Law and Jurisdiction
Austrian substantive law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of performance is the agency’s registered office. The competent court at the agency’s registered office shall serve as the place of jurisdiction. The agency may also bring an action against the client before the client’s general court of jurisdiction.
Where personal designations in these Terms appear only in the masculine form, they refer equally to women and men.