General Terms and Conditions

This is a translation for your convenience. Only the German version is legally binding. In the event of any discrepancy, the German wording prevails.

Pixellab-Media Schneider & Schmied OG
represented by Paul Schneider & Bryan Paul Schmied
Gewerbering 19/1/1, 3484 Grafenwörth, Austria
contact@pixellab-media.com · +43 670 659 87 69
Company register number FN 680330 k, Landesgericht St. Pölten
VAT number ATU83449458

As of: September 2026

§ 1 Scope

1. These terms apply to all contracts between Pixellab-Media Schneider & Schmied OG (hereinafter “Contractor”) and its customers (hereinafter “Client”) for services in the fields of photo and video production (in particular brand films, recruiting/employer branding films, commercials, event coverage), social media packages and ongoing monthly flat-rate services, drone footage, real estate media (photo, video, 360° tours) and web development.
2. The Contractor’s services are predominantly aimed at entrepreneurs within the meaning of § 1 UGB (Austrian Commercial Code). If the Client is a consumer within the meaning of § 1 KSchG (Austrian Consumer Protection Act), these terms apply with the deviations set out in §§ 20 and 21. Mandatory consumer protection provisions remain unaffected in any case.
3. Deviating or supplementary provisions in an individual contract or quote take precedence over these terms. Conflicting terms of the Client do not become part of the contract, even if the Contractor does not expressly object to them.
4. Follow-up orders are subject to the version of these terms current at the time of the respective order, provided it has been made accessible to the Client (e.g. by sending it or making it available on the Contractor’s website); the Contractor points out significant changes.

§ 2 Quotes and conclusion of contract

1. The Contractor’s quotes are non-binding and, unless stated otherwise, valid for 30 days from the date of the quote.
2. Quotes, including concepts, service descriptions and price calculations, are confidential and intended exclusively for the recipient’s internal use. Passing them on to third parties is not permitted.
3. The contract is concluded by written acceptance of the quote (including by email), signing an individual contract or placing the order in any other verifiable form.
4. Concepts, scripts, treatments and drafts remain the intellectual property of the Contractor even after the order has been placed and may neither be exploited nor made accessible to third parties without the Contractor’s consent; the Client only receives the usage rights granted under § 9.

§ 3 Scope and performance of services

1. The type and scope of the services are set out in the respective quote or individual contract.
2. The Contractor is entitled to engage third parties (subcontractors) to perform the services. Responsibility towards the Client remains with the Contractor.
3. In the artistic and technical implementation (composition, editing, colour, choice of music and the like), the Contractor has reasonable creative freedom, unless the individual contract contains specific requirements.
4. For ongoing flat-rate services (regular monthly flat rate), the workload quantified in the individual contract applies. Services beyond the agreed workload are additional services under § 8.
5. The Contractor is entitled to use AI-supported tools in editing, in particular for image optimisation (e.g. noise reduction, sharpening, upscaling, retouching) and for video effects and transitions (e.g. with the service Higgsfield). In the process, photo and video material may be transmitted to cloud-based services based outside the EU. Content that deceptively alters real people, places or events is only created after consultation with the Client. If the Client does not want cloud-based AI services to be used, the Client shall notify this in writing before placing the order.

§ 4 Client’s obligations to cooperate

1. The Client provides all necessary information, materials, access and approvals in good time and names a contact person authorised to make decisions.
2. The Client ensures the necessary access at the shooting location and the availability of the persons agreed upon.
3. Delays or additional effort caused by the Client’s breach of its obligations to cooperate are borne by the Client; agreed dates and deadlines are extended accordingly. Additional effort arising from this may be charged as an additional service under § 8.

§ 5 Dates, shooting days and delivery deadlines

1. Shooting and photo dates are agreed by mutual consent. Delivery dates are only binding if they have been confirmed in writing as binding.
2. Outdoor shoots (in particular drone, event and real estate shoots) are subject to the weather. If a date has to be postponed for weather reasons, the parties shall agree on a replacement date without delay; this does not constitute a cancellation under § 6, and the Client incurs no additional costs as a result.
3. If the Contractor is prevented for an important reason (e.g. illness), the Contractor is entitled to offer a replacement date or to have the service performed by suitable third parties.
4. Events of force majeure release both parties from their performance obligations for the duration of the event; services already rendered remain to be paid for.

§ 6 Cancellation of date-bound services

1. If the Client cancels an agreed date-bound order (in particular shooting days, photo shoots, event coverage) for reasons for which the Contractor is not responsible, the following cancellation fee applies (based on the agreed order value of the service concerned):

Cancellation more than 4 weeks before the date: free of charge
Cancellation more than 2 to 4 weeks before the date: 25 %
Cancellation more than 1 to 2 weeks before the date: 50 %
Cancellation 48 hours to 1 week before the date: 75 %
Cancellation less than 48 hours before the date or no-show: 100 %

2. If a date is merely postponed and a new date agreed at the same time, no cancellation fee is charged for the first postponement with more than 48 hours’ notice; only third-party costs already incurred are charged. For shorter-notice or repeated postponements, the scale under para. 1 applies accordingly at half the rates stated there.
3. Services already rendered (in particular concept and preparation) and third-party costs already incurred are charged in addition, insofar as they exceed the cancellation fee.
4. The Client is free to prove that no or significantly less effort was incurred.

§ 7 Remuneration and terms of payment

1. All prices are in euros net plus statutory VAT.
2. For project orders, the Contractor is entitled to request a down payment, usually 50 % of the order value, when the order is placed. Deviating provisions in the individual contract (e.g. ongoing monthly flat rates without a down payment) take precedence.
3. Unless otherwise agreed in the individual contract, invoices are payable without deduction within 14 days of the invoice date.
4. In the event of late payment, the statutory default interest for business transactions applies (§ 456 UGB); the right to claim further damages for default and reminder fees is reserved.
5. The Client may only set off undisputed or legally established claims.
6. For ongoing flat-rate services, prices are only adjusted (indexation) if agreed in the individual contract.
7. If the Client is in default of payment, the Contractor is entitled, after prior notice, to suspend ongoing services until payment has been made in full; agreed dates and delivery deadlines are postponed accordingly. Agreed remuneration (in particular ongoing flat rates) remains unaffected.
8. Unless otherwise agreed in the quote, travel costs are charged at a mileage allowance of EUR 0.50 per kilometre driven from the company’s registered office. Parking, toll and accommodation costs as well as other order-related third-party costs (e.g. music licences, location rental, models, permit fees) are passed on at actual cost.

§ 8 Additional services and rounds of revisions

1. Services that go beyond the agreed scope (in particular additional shooting days, additional formats, short-notice change requests, services beyond the agreed monthly workload) are additional services and are remunerated separately, at the rates of the individual contract or the respective valid quote, otherwise at a reasonable hourly rate.
2. Unless otherwise agreed in the individual contract, one round of revisions per deliverable is included in the price. Further rounds of revisions are charged separately by effort.
3. Additional services are agreed before they are carried out and invoiced separately.

§ 9 Usage rights and copyright

1. All copyrights in the content produced remain with the Contractor.
2. The scope of the usage rights granted is set out in the respective quote or individual contract. Upon full payment of the agreed remuneration, the Client receives the usage rights agreed there as simple, non-transferable and non-sublicensable rights. By way of derogation, for web development services the Client receives, upon full payment, a right of use unlimited in time and territory to the handed-over end product for its own purposes.
3. If there is no written quote, or if usage rights are not regulated in it, the Client only receives a basic usage right: organic (unpaid) publication on its own social media channels, use on its own website, internal own use and use for its own recruiting purposes (in particular job advertisements on job portals and its own careers page). In particular, paid advertisements (paid ads) and any other promotional or commercial use beyond this, as well as any passing on or sublicensing to third parties, are not included.
4. All further uses require a separate written agreement against remuneration and only take effect upon full payment. Before full payment, any use of the delivered content is only permitted with the Contractor’s consent.
5. The Contractor is entitled to use the content produced for its own reference, portfolio and acquisition purposes (self-promotion, website, social media, pitches). An exclusion requires a separate written agreement.
6. Edits, changes or further processing of the delivered content by the Client or third parties require the Contractor’s prior consent. Excluded from this are format adjustments without changes to the content, in particular cropping for different platforms and compression.
7. The Contractor is entitled to be named as author to the extent customary in the industry (e.g. credit in the end titles, the video description or the website footer). A waiver of attribution requires a separate agreement; § 20 UrhG (Austrian Copyright Act) remains unaffected.
8. Music is used from licensed sources at the Contractor’s choice. The music licence only applies to the channels and types of use agreed in the quote. If the Client wishes to use specific music, the Client bears responsibility and the costs for the necessary rights (in particular towards AKM or music publishers); § 10 para. 3 applies accordingly. Blocking, muting or restrictions by the platforms’ automatic recognition systems (e.g. Content ID) do not constitute a defect unless they are due to the Contractor’s fault.

§ 10 Personality rights, declarations of consent and indemnification

1. The Client is responsible for ensuring that the necessary consents or declarations of consent are in place for all persons depicted or filmed at its instigation (in particular employees, guests, customers, event visitors), unless otherwise agreed in writing. These consents must also cover use for reference purposes by the Contractor under § 9 para. 5 and editing with AI-supported tools under § 3 para. 5.
2. The same applies to rights to places, buildings, trademarks, works of art and other protected objects recorded at the Client’s instigation.
3. The Client indemnifies the Contractor against all third-party claims (including reasonable legal defence costs) asserted against the Contractor due to missing consents or rights under paras. 1 and 2.
4. If, in individual cases, the Contractor itself provides declarations of consent (e.g. its own models, its own castings), this is agreed in writing.

§ 11 Acceptance and warranty

1. The Client checks delivered content without delay. Complaints must be notified in writing within 14 days of delivery; after that, the service is deemed accepted. Hidden defects must be notified in writing without delay after their discovery.
2. In the case of justified defects, the Contractor initially has the right to remedy them within a reasonable period.
3. If the remedy fails, is impossible or is refused, the Client is entitled to the statutory warranty remedies (in particular price reduction, and rescission in the case of significant defects that cannot be remedied).
4. Artistic and creative decisions within the creative freedom under § 3 para. 3 do not constitute a defect.

§ 12 Liability

1. The Contractor is only liable for damage in the case of intent and gross negligence. Liability for slight negligence is excluded.
2. Liability is limited in amount to the order value of the respective order.
3. Liability for consequential damage, lost profit and pure financial loss is excluded.
4. The above limitations do not apply in the case of intent, to personal injury and in cases of mandatory statutory liability.
5. The Contractor gives no guarantee for the effect, reach or economic success of content and campaigns (e.g. views, followers, sales, search engine rankings).
6. In the event of loss of or damage to recordings due to technical defects (e.g. failure of storage media or equipment), the Contractor’s liability, except in the case of intent or gross negligence, is limited to repeating the affected recordings free of charge, insofar as this is possible. If a repetition is not possible (e.g. at one-off events), the proportionate remuneration for the affected service is refunded.

§ 13 Raw data and data storage

1. The finished end products agreed in the individual contract are delivered. There is no entitlement to the handover of raw data (footage, RAW files, project files) unless otherwise agreed in writing.
2. Raw data is archived for 3 months from delivery. Longer archiving is possible on request for a surcharge. After this period, the Contractor is entitled to delete it.
3. The end products are usually provided via a download link that is valid for at least 30 days. The Client is obliged to download the delivered files within this period and to back them up. Providing them again later is possible against reimbursement of costs.

§ 14 Special provisions for drone footage

1. Drone footage is taken within the framework of aviation law (in particular the EU drone regulation). The Contractor obtains the permits required for operation.
2. If recordings are not possible, or only possible to a limited extent, on the agreed date for legal reasons (no-fly zones, official requirements) or for safety or weather reasons, this does not constitute a breach of contract by the Contractor; the parties agree on replacement dates or adjustments to the service.
3. The Client informs the Contractor in good time of any local restrictions known to it (e.g. third-party private property, industrial facilities).

§ 14a Special provisions for 360° tours

1. 360° tours are provided via the platform of a third-party provider (hosting). Hosting is not included in the production price.
2. For hosting, the Contractor charges a monthly hosting fee, the amount of which is communicated to the Client in the quote. The hosting fee is payable from the publication of the tour.
3. If the third-party provider increases its prices, the Contractor is entitled to adjust the hosting fee accordingly. The Contractor notifies the Client of this in writing at least one month before it takes effect; in this case the Client may terminate the hosting as of the date of the price change.
4. Hosting may be terminated by either party in writing with one month’s notice to the end of a calendar month, but no earlier than the end of a minimum term agreed in the quote. When hosting ends, the tour is taken offline.
5. On request, the Client may receive the tour for its own hosting against a one-off export fee, the amount of which is stated in the quote or on request. From handover, hosting, maintenance and operation of the tour are the Client’s responsibility; § 15 para. 3 applies accordingly. The scope and format of the export depend on the technical possibilities of the respective platform. The usage rights under § 9 remain unaffected.
6. If the Client is in default with the hosting fee, the Contractor is entitled, after a prior reminder with a reasonable grace period, to take the tour offline.
7. § 15 para. 2 applies accordingly to the availability and functioning of the third-party provider’s platform.

§ 15 Special provisions for web development

1. Scope, functional description and technology are set out in the individual contract or quote.
2. Third-party services (in particular hosting, domains, licences, plugins, external services) are not part of the Contractor’s service unless expressly agreed; the Contractor is not liable for their availability and functioning.
3. After acceptance or handover of the website, maintenance (updates, security, backups) is the Client’s responsibility unless a maintenance contract is concluded.
4. Content provided by the Client (texts, images, data) is the Client’s legal responsibility; § 10 para. 3 applies accordingly.

§ 16 Special provisions for social media services

1. The subject matter and scope of social media services (e.g. number of posts, formats, channels) are set out in the individual contract.
2. The Contractor is not responsible for the availability, functions, algorithms and guidelines of the respective platforms (e.g. Meta, Instagram, TikTok, LinkedIn, YouTube). Changes to the platforms as well as restrictions or blocking of accounts for which the Contractor is not responsible do not constitute a breach of contract; the parties agree on any necessary adjustments to the scope of services.
3. The Client approves content intended for publication within the agreed period, otherwise within a reasonable period (usually three working days). If approval is delayed, publication dates are postponed accordingly; the agreed monthly workload remains unaffected.

§ 17 Term and termination of ongoing flat-rate services

1. Contracts for ongoing flat-rate services are concluded for an indefinite period unless a minimum term is agreed in the individual contract.
2. They may be terminated by either party in writing with one month’s notice to the end of a calendar month, but no earlier than the end of an agreed minimum term.
3. The right to extraordinary termination for good cause (in particular qualified default of payment despite a grace period or material breach of contract) remains unaffected for both parties.
4. Services rendered until the termination takes effect remain to be paid for.

§ 18 Confidentiality

1. The parties treat all non-public information of the other party that becomes known to them in the course of the cooperation (in particular trade and business secrets, prices, concepts and customer data) as confidential and use it exclusively to perform the contract.
2. Excluded is information that is or becomes publicly known without breach of this obligation, was lawfully obtained from third parties or must be disclosed due to a legal or official obligation.
3. This obligation continues for three years after the end of the contract. Reference use under § 9 para. 5 remains unaffected.

§ 19 Data protection

1. Both parties comply with the applicable data protection provisions (in particular the GDPR).
2. Insofar as the Contractor processes personal data on behalf of the Client, the parties conclude a separate data processing agreement pursuant to Art. 28 GDPR.

§ 20 Special provisions for consumers

If the Client is a consumer within the meaning of § 1 KSchG, the following applies in derogation from the above provisions:

1. Prices: prices are stated to consumers including statutory VAT. This also applies to travel and incidental costs under § 7 para. 8.
2. Default of payment: instead of § 7 para. 4, the statutory default interest of 4 % per year applies (§ 1000 ABGB, Austrian Civil Code). Reminder fees are only charged insofar as they are reasonable, necessary for collection and caused by the consumer’s fault.
3. Set-off: § 7 para. 5 does not apply to counterclaims that are legally connected with the consumer’s liability, have been established by a court or acknowledged by the Contractor, or in the event of the Contractor’s insolvency.
4. Delivery deadlines: if no delivery deadline has been agreed, the Contractor delivers within a reasonable period. The expected delivery time stated in the quote is met wherever possible.
5. Usage rights: instead of § 9 para. 3, unless otherwise stated in the quote, the consumer receives a simple right of use for private, non-commercial purposes, including publication on their private social media channels.
6. Reference use: by way of derogation from § 9 para. 5, the Contractor only uses recordings in which the consumer or other private individuals are recognisably depicted for reference and advertising purposes with separate express consent. This consent may be revoked at any time with effect for the future.
7. Use of AI: the consumer may object to the use of cloud-based AI services under § 3 para. 5 at any time; edits already made remain unaffected.
8. Third-party consents: § 10 only applies to persons and objects whose recording the consumer has initiated. The indemnification under § 10 para. 3 only applies insofar as the consumer is at fault.
9. Warranty: the statutory warranty provisions (in particular ABGB and VGG) apply without restriction. § 11 para. 1 sentences 2 and 3 (notification period and deemed acceptance) do not apply. However, the consumer is asked to report recognisable defects as quickly as possible so that they can be remedied promptly.
10. Liability: § 12 paras. 2 and 3 do not apply. The exclusion of liability for slight negligence under § 12 para. 1 does not apply to personal injury or to damage to items that the consumer has handed over to the Contractor for processing.
11. Hosting price changes: an adjustment of the hosting fee under § 14a para. 3 is permitted no earlier than two months after the conclusion of the contract. If the third-party provider lowers its prices, the hosting fee is reduced accordingly.
12. Oral assurances: the written form requirement under § 22 para. 1 does not affect the validity of oral assurances given by the Contractor or its representatives (§ 10 para. 3 KSchG).
13. Invalid provisions: § 22 para. 2 sentence 2 does not apply; an invalid provision is replaced by the statutory provision.
14. Choice of law and place of jurisdiction: the choice of law under § 22 para. 3 only applies insofar as the consumer is not thereby deprived of the protection of mandatory provisions of the state of their habitual residence. For actions against a consumer who has their domicile or habitual residence in Austria or is employed in Austria, only the court in whose district this domicile, habitual residence or place of employment is located has jurisdiction (§ 14 KSchG).

§ 21 Right of withdrawal for consumers

1. If the contract with a consumer is concluded at a distance (e.g. by email, phone or via the website) or outside the Contractor’s business premises, the consumer may withdraw from the contract within 14 days of its conclusion without giving reasons.
2. To exercise the right of withdrawal, the consumer must inform the Contractor (Pixellab-Media Schneider & Schmied OG, Gewerbering 19/1/1, 3484 Grafenwörth, Austria, contact@pixellab-media.com, +43 670 659 87 69) of their decision by means of a clear statement (e.g. letter or email). They may use the model withdrawal form below, but this is not mandatory. To meet the deadline, it is sufficient to send the statement in time.
3. If the consumer withdraws, the Contractor refunds all payments received without delay, at the latest within 14 days of receipt of the notice of withdrawal. The same means of payment that the consumer used is used for the refund, unless otherwise agreed. In no case are fees charged for this.
4. If the consumer expressly requests that performance of the service (e.g. a photo or film shoot) begins before the withdrawal period expires, in the event of withdrawal they must pay an amount corresponding to the proportion of the services already rendered up to the withdrawal compared to the total scope of the contract.
5. The right of withdrawal expires when the service has been fully performed after the consumer has expressly agreed that performance begins before the withdrawal period expires and has acknowledged that they lose their right of withdrawal once the contract has been fully performed.
6. In the event of a timely withdrawal under this section, no cancellation fees under § 6 are charged.

Model withdrawal form
(If you wish to withdraw from the contract, please complete and return this form.)

To Pixellab-Media Schneider & Schmied OG, Gewerbering 19/1/1, 3484 Grafenwörth, Austria, contact@pixellab-media.com:

I/We hereby withdraw from the contract concluded by me/us for the provision of the following service:

Ordered on: ______________
Name of consumer(s): ______________
Address of consumer(s): ______________
Signature of consumer(s) (only if notified on paper): ______________
Date: ______________

§ 22 Final provisions

1. Amendments and additions to the contract must be made in writing, with email being sufficient; this also applies to any waiver of the written form requirement.
2. Should a provision of these terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a valid provision that comes closest to its economic purpose (severability clause).
3. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules.
4. The place of jurisdiction is the court with subject-matter jurisdiction at the Contractor’s registered office, insofar as legally permissible.