Terms and Conditions

1. General

1.1 The General Terms and Conditions of Business of Filmspektakel GmbH concerning the production of advertising films are designed for legal transactions between businesses and become an essential part of every offer and contract.

1.2 Filmspektakel GmbH is only legally bound by the company confirmation of the offer or order (confirmation by fax or e-mail is permissible) or the signing of a contract. By signing the written order or the order confirmation, these General Terms and Conditions of Business are accepted. A confirmation by fax or email is sufficient to represent a written confirmation.

1.3 The production of the cinematographic work, regardless on which carrier material, analogue or digital, will be produced based on a script that has been approved or supplied by the Client according to the conditions stipulated in the production contract or the accepted offer in writing.

1.3 Any film treatments, drawings, plans, and similar documents prepared by Filmspektakel GmbH remain the intellectual property of Filmspektakel GmbH, insofar as they have not been used in the film or if no fee has been agreed on for them. Any use, in particular the transmission, reproduction, and publication, requires the express consent of Filmspektakel GmbH. The Client may have documents returned that the Client supplied.

2. Costs

2.1 All production costs as well as any additional production costs agreed on in individual cases are contained within the agreed-upon price. The calculated working time per day of shooting is 8 hours. Cash expenses and fees (such as costs for filming permits) are to be paid for additionally.

2.2 Weather-related shooting schedule changes (weather risk) are not included in the calculated production costs. Additional costs arising from this will be billed according to the expenses incurred. The risk of the accidental loss of film material is borne by the Client.

2.3 A separate contract may be concluded for the production of a treatment or script. The price agreed upon in that contract is still to be paid by the Client even if the Client ends up not receiving the treatment or script produced or if the Client cancels the order. A full unlimited transfer of rights to Filmspektakel GmbH is required if a script or a pre-existing film is provided by the Client or the Client’s authorized representative.

2.4 If the Client requires the conclusion of a specific insurance policy, the Client shall inform Filmspektakel GmbH at the conclusion of the contract at the latest and bear the costs for such.

2.5 The Client shall bear the costs for any technical consultation requested by the Client.

3. Production, modification, acceptance, foreign language versions

3.1 Preproduction and shooting begin at the earliest time possible after the production contract has been signed.

3.2 The artistic and technical design of the work is the responsibility of Filmspektakel GmbH. Filmspektakel GmbH shall inform the Client or the Client’s authorized representative about the location and planned procedures for preproduction, shooting and post-production.

3.3 Film works shall be made available for acceptance, unless otherwise agreed upon, and the Client shall be informed thereof. It is deemed accepted if the Client does not report any complaints within 14 days. Acceptance by the Client or the Client’s authorized representative means approval of the artistic and technical quality.

3.4 If, before accepting the film, the Client requires changes in the temporal dispositions, the manuscript, the script or film parts that have already been produced, the cost for such changes shall be borne by the Client, insofar as these changes are not requested because of justified complaints. Filmspektakel GmbH shall immediately notify the Client or the Client’s authorized representative of the anticipated costs of these changes.

3.5 If, after accepting the film, the Client requests changes be made, the Client shall notify Filmspektakel GmbH of the required changes in writing. The cost for such changes shall be borne by the Client.

3.6 If, for artistic or technical reasons, changes to the already approved-of script are submitted by Filmspektakel GmbH, resulting in additional costs compared to the agreed-upon production price, these changes require the prior written consent of the Client or the Client’s authorized representative. Any additional costs that were not expressly approved cannot be claimed.

3.7 If foreign-language versions are to be produced by over-dubbing or title changes, a corresponding agreement must be made.

3.8 Insofar as a permanent installation of film equipment is carried out by the Client for time-lapse recording, the Client shall bear any costs for:

(A) a suitable storage facility that can be secured against theft and a corresponding power connection or data line connection; and (B) any administrative or other permits required (data protection law and/or employment law),

unless otherwise agreed. The Client shall indemnify and hold harmless Filmspektakel GmbH in this regard.

3.9 If film material is made available online, Filmspektakel GmbH undertakes to ensure a 90% availability.

4. Liability

4.1 Filmspektakel GmbH undertakes to deliver a technically perfect film work and/or photo. It expressly warrants that the production has perfect sound and image quality. No warranty is given for improper additional processing by third parties.

4.2 Should a circumstance occur that makes the contractual production impossible during the production of the film, Filmspektakel GmbH is only liable for intent and gross negligence. The impossibility of the production or non-timely completion of the film, which is neither due to the fault of Filmspektakel GmbH or the Client, entitles the Client only to rescind the contract. However, any services rendered so far will be billed for.

4.3 Defects that have been recognized by Filmspektakel GmbH shall be remedied by Filmspektakel GmbH. If these corrections cannot be carried out without the cooperation of the Client or the Client’s specialist consultant, Filmspektakel GmbH may consider the contract as being fulfilled after a period of at least two weeks required to carry out the applicable corrections. Filmspektakel GmbH may refuse to remedy any defects until all payments that are due at the time of the corrections have been made.

4.4 Filmspektakel GmbH is liable for all legal infringements caused by Filmspektakel GmbH during the production process, but the Client shall bear the risk for any props that the Client has made available as well as any permanent installations and equipment, unless otherwise agreed.

5. Withdrawal from the Contract by the Client

5.1 If the order for production has been issued and the Client withdraws from the contract before the start of production, without any fault on the part of Filmspektakel GmbH, then Filmspektakel GmbH may bill the Client for the actual net costs and profit loss incurred.

5.2 In the case of a withdrawal from an order in the period between 10 to 4 days before the start of the filming, Filmspektakel GmbH may bill for two thirds of the calculated net costs, as accepted by the Client.

5.3 If the Client withdraws between the third and the first day before the planned start of filming, the calculated and commissioned total sum shall be billed for.

6. Terms of Payment

6.1. Unless otherwise agreed upon, the following terms of payment shall apply: 14 days from receipt of invoice.

6.2. In the event of a default of payment, interest will be charged at the rate of 8 percentage points above the base interest rate as of the due date.

7. Copyright

7.1 The film work is produced based on the script accepted by the Client and Filmspektakel GmbH. According to § 38/1 of the German Copyright Act (UrhG), Filmspektakel GmbH owns all necessary copyrights (except when they are owned by a collecting company), in particular rights of reproduction, distribution rights, broadcasting rights, stage rights and ancillary copyright rights necessary for the fulfillment of the contract, which are managed by the company even after completion of the work.

7.2 It shall be agreed upon in the production contract which rights of use concerning the finished product will be granted to the Client after complete payment of the production costs as well as to what extent these rights will be granted (spatial, temporal).

7.3 The right to reproduce, edit, modify, supplement, foreign-language dubbing, and the use of picture and/or sound excerpts, insofar as these are not expressly agreed upon in writing and separately paid for, are excluded from the rights being granted The lost profit from production is the starting point for the compensation for these assigned rights. This does not affect any claim for damages.

7.4 The Client expressly agrees that the statutory notifications are to be made to the corresponding collecting company by Filmspektakel GmbH’s producer.

7.5 The Client shall report any use of the film outside the applicable area of application that is agreed upon in the production contract to Filmspektakel GmbH immediately.

7.6. The source material (picture and sound), in particular negatives, master tapes, and also the residual material remain with Filmspektakel GmbH’s producer.

7.7 Filmspektakel GmbH shall store the original image and sound material of the delivered work in a professional manner against the reimbursement of costs. The storage period for commercials is two years, and for all other commissioned productions the storage period is five years. Before expiry of the respective period, the Client or the Client’s authorized representative must request an extension of the storage period in writing. As far as the cost of this additional storage is concerned, the guidelines of the German Commercial Producers Professional Group must be followed.

8. Miscellaneous

8.1 Filmspektakel GmbH may show its company name and logo as part of the copyright notice. It also has the right to show or present the film work at competitions and festivals. Similarly, Filmspektakel GmbH may present or have presented the film work for the purpose of self-promotion. This also applies to publications on the Internet, on the website of Filmspektakel GmbH or other corresponding analogue or digital platforms (including new exploitation types, for example, APPs, Internet of Things, etc.)

8.2 In the event that several Clients issue a single order to Filmspektakel GmbH for a film work, it must be stated, in writing and before the start of production, which of the Clients has authority to represent the remaining clients when communicating with Filmspektakel in regard to the preceding points. This applies in particular to the identification of the person responsible for the acceptance of the final version of the film work.

8.3 If several co-producers are contractual partners of the Client, the provision of Section 8.2 applies mutatis mutandis.

8.4 Changes to the production contract and/or these production conditions require written confirmation. Should a provision of these Production and Delivery Conditions become invalid, the validity of the remaining provisions shall remain unaffected.

8.5 The place of fulfillment is the headquarters of Filmspektakel GmbH in Vienna.

8.6 In the case of disputes, the competent court in Vienna is agreed as the court of jurisdiction. This court shall apply Austrian law.

8.7 Filmspektakel GmbH only has the exclusive rights to the digital material, but not to persons, buildings or other objects protected by copyrights. If a clip is purchased from Filmspektakel GmbH’s online archive (sales.filmspektakel.com), it is the responsibility of the buyer to obtain the necessary permits for his/her personal use. Some clips are labeled “Editorial use only” which means it is up to the buyer to get the necessary permits for use of that clip. No liability is assumed for the information concerning the release conditions and the buyer must himself/herself ensure that there is no violation of the rights of third parties, even if this notice is not present.

8.8 Material licensed through the Online Archive can be used in an unrestricted manner in terms of time and location and in any media, but each clip is limited to one project. If the clip is used again outside of that project, new licensing is required.