General Terms and Conditions
1. General
1.1. Unless otherwise agreed in an individual case, the following General Terms and Conditions apply to all contractual relationships entered into by "Jakob Pietsch" with clients concerning the conception, development and production of film and video productions, photo productions and AI productions (hereinafter collectively "Productions").
1.2. AI productions are image, video and audio content created or edited, in whole or in part, using artificial intelligence systems (in particular generative image, video and audio models).
1.3. Offers made by "Jakob Pietsch" in the form of cost estimates are binding for a period of 2 weeks from the date on which the respective cost estimate was issued.
2. Costs
2.1. Unless otherwise stated in the cost estimate or production agreement, the estimated or agreed price covers all production costs, including the granting of rights to the completed Production in accordance with Section 6 of these Terms and Conditions.
2.2. The working time charged per shooting day is 8 hours.
2.3. For photo productions, unless otherwise agreed, the agreed price covers the shoot, a preselection by "Jakob Pietsch" and the editing of the contractually agreed number of images. For video productions, raw footage is only handed over by separate agreement.
2.4. For AI productions, the costs of the AI services used (licences, subscriptions, computing power) are included in the price unless they are listed separately in the cost estimate. All further details and costs are subject to individual agreement.
3. Changes, Acceptance, Additional Charges
3.1. The time, material and other expenses incurred in implementing changes requested by the client before acceptance of the finished Production will be charged to the client if the client did not communicate these requests at least 1 week before the start of production work.
3.2. The time, material and other expenses incurred in implementing changes requested by the client after acceptance of the finished Production will be charged to the client by "Jakob Pietsch" without exception, unless the additional work results from a justified notice of defect raised by the client.
3.3. The client acknowledges that generative AI systems do not deliver exactly predictable or reproducible results. Accordingly, the precise implementation of individual details and the identical repetition of content already generated cannot be guaranteed.
4. Liability
4.1. If it becomes impossible to produce the Production in accordance with the contract, "Jakob Pietsch" shall be liable only for intent and gross negligence. If a circumstance for which neither the client nor "Jakob Pietsch" is responsible prevents completion of the Production as commissioned, the client is entitled to withdraw from the contract. Services rendered up to that point will be invoiced by "Jakob Pietsch" to the extent agreed.
4.2. The client warrants that they hold the necessary rights to all materials provided by them (in particular photos, videos, logos, texts, voice recordings and depictions of persons) and, where persons are identifiable, that their consent to the use of such materials, including processing by means of AI systems, has been obtained. The client shall indemnify and hold "Jakob Pietsch" harmless in this respect.
4.3. Unless otherwise agreed, obtaining the consent of persons depicted and filming permits for locations is the responsibility of the client.
4.4. The client acknowledges that third-party services are used for the production of AI productions and that materials provided may be transmitted to these services for processing.
5. Terms of Payment
5.1. The following terms of payment apply:
– 1/3 upon placement of the order
– 1/3 at the start of filming, shooting or production work
– 1/3 upon acceptance
5.2. In the event of late payment exceeding 10 days from the invoice date, default interest of 8% p.a. above the applicable base interest rate will be charged.
6. Exploitation Rights
6.1. Pursuant to Section 38 (1) of the Austrian Copyright Act (Urheberrechtsgesetz), "Jakob Pietsch" holds all exploitation rights to film productions required to fulfil the contract. For photo productions, "Jakob Pietsch", as author or producer of the photographs (Section 74 of the Austrian Copyright Act), holds all exploitation rights.
6.2. The scope of the rights of use is agreed individually between "Jakob Pietsch" and the client. Unless otherwise agreed, upon full payment of the agreed fee the client acquires the rights of use to the finished Production for a period of 1 year from completion of the Production.
6.3. Any use beyond this, whether in terms of territory, duration and/or content, must be reported by the client without delay. A separate fee will be charged by "Jakob Pietsch" for such use.
6.4. All other rights remain with "Jakob Pietsch". "Jakob Pietsch" reserves the right to claim damages in the event of an infringement.
6.5. To safeguard the exploitation rights under copyright law, all image and sound material, in particular raw material, master files, RAW files and, for AI productions, prompts, project files, workflows and unused generations, remains with "Jakob Pietsch". The retention period is a maximum of five years.
6.6. The client acknowledges that content generated exclusively by AI systems may not enjoy copyright protection due to the absence of human creation. "Jakob Pietsch" grants the client rights of use to AI productions to the extent that such rights are held by "Jakob Pietsch" and are transferable under the terms of use of the AI services employed.
6.7. "Jakob Pietsch" is entitled to use the Productions for self-promotion (in particular on the website, in the portfolio and on social media), unless expressly agreed otherwise.
7. Labelling of AI Content
7.1. Unless otherwise agreed, the client is responsible for labelling AI-generated or AI-edited content upon publication in accordance with the applicable legal requirements and platform guidelines.
8. Miscellaneous
8.1. For film productions, these Terms and Conditions are based on the General Production and Delivery Terms (Allgemeine Herstellungs- und Lieferbedingungen) of the Austrian Association of the Film and Music Industry (Fachverband der Film- und Musikindustrie Österreichs) dated 1 August 2007. These Production and Delivery Terms therefore also form part of every contractual relationship between "Jakob Pietsch" and clients concerning the production of film productions.
8.2. The place of performance is the registered seat of "Jakob Pietsch".
8.3. The Commercial Court of Vienna (Handelsgericht Wien) is agreed as the place of jurisdiction. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.