General Terms and Conditions (GTC)

1. Applicability and Scope of the General Terms and Conditions

1.1. The following GTC shall apply whenever Sonority OG deals with an entrepreneur as defined in § 1 KSchG as its contractual partner.

1.2. Sonority OG renders its services exclusively on the basis of the following general terms and conditions. By placing an order, the client acknowledges their applicability. These conditions shall – unless Sonority OG announces any changes – also apply to all future business relations, even if they are not expressly referenced. Any general terms and conditions of the contractual partner shall not become part of the contract.

1.3. Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the binding nature of the remaining provisions of the contracts concluded on their basis. An invalid provision shall be replaced by a valid one that comes closest to its intent and purpose.

1.4. Offers by Sonority OG are non-binding and subject to change.

2. Copyright Provisions

2.1. All copyright and related rights of the photographic creator (§§ 1, 2 para. 2, 73ff UrhG) belong to Sonority OG. Permissions for use (publication rights etc.) are granted only by explicit agreement. In that case, the contractual partner acquires a simple (non-exclusive and non-transferable), non-assignable permission to use the material for the expressly agreed purpose and within the agreed limits (edition number, temporal and geographical restrictions, etc.); in case of doubt, the usage scope indicated on the invoice or delivery note shall apply. In any event, the contractual partner only acquires as many rights as correspond to the disclosed purpose of the contract (order given). In the absence of any other agreement, the permission is granted only for a one-time publication (in one edition), only for the medium expressly designated by the client, and not for advertising purposes.

2.2. With every use (duplication, distribution, broadcast, etc.), the contractual partner is obliged to clearly and legibly (visible), in normal type, and immediately adjacent to the photograph in an unambiguous manner, include the manufacturer’s designation (name attribution) or copyright notice in the sense of the WURA (Universal Copyright Convention) as follows: Photo: © SONORITY. In any case, this provision is deemed to satisfy the requirement to display the manufacturer’s designation in the sense of § 74 para. 3 UrhG. If the photograph is signed on its front side (in the image), the publication of that signature does not replace the above-described manufacturer’s notice.

2.3. Any alteration of the photograph requires the written consent of Sonority OG. This does not apply if the modification is necessary for the contractual purpose known to the photographer.

2.4. The permission to use is granted only upon full payment of the agreed shooting and usage fee and only if a proper manufacturer’s designation / name attribution (see point 2.2 above) is provided.

2.5. In the event of a publication, two complimentary proof copies are to be sent. For costly products (art books, video cassettes) the number of proof copies is reduced to one. In the case of publication on the Internet, Sonority OG must be provided with the website address.

3. Ownership of the Film Material – Archiving

3.1.1. Analog Photography: The ownership of the exposed film material (negatives, slides, etc.) belongs to Sonority OG. Sonority OG transfers to the contractual partner, against the agreed and appropriate remuneration, the exposures necessary for the agreed use. Until the full payment of the purchase price, the delivered photographs remain the property of Sonority OG. Slides (negatives only in the case of a written agreement) are provided to the contractual partner on a loan basis only, subject to return after use at the contractual partner’s risk and expense, unless otherwise agreed in writing.

3.1.2 Digital Photography:
The ownership of the image files belongs to Sonority OG. The right to deliver digital image files exists only by explicit written agreement and – unless otherwise agreed – applies only to a selection and not to all image files produced by Sonority OG. In any event, the permission to use is granted only to the extent provided in point 2.1.

3.2. The reproduction or distribution of photographs in online databases, electronic archives, on the Internet or intranets—which are not intended solely for the internal use of the client—on diskettes, CD-ROMs, or similar data carriers is permitted only on the basis of a special agreement between Sonority OG and the client. The right to a backup copy remains unaffected.

3.3. Sonority OG will archive the shoot without any obligation to do so for a period of one year. In the event of loss or damage, the contractual partner shall have no claims. Should a longer archiving period be desired, it can be acquired for an additional fee.

4. Identification

4.1. Sonority OG is entitled to mark the photographs as well as the digital image files in any manner it deems appropriate (including on the front side) with its manufacturer’s designation. The contractual partner is obliged to ensure the integrity of the manufacturer’s designation, especially in the event of permitted transfer to third parties (printers, etc.). If necessary, the manufacturer’s designation must be applied or renewed. This especially applies to all reproduction media created during production or when copies of digital image files are made.

4.2. The contractual partner is obliged to store digital photographs in such a way that the manufacturer’s designation remains electronically linked to the images, so that it is preserved during any form of data transmission and Sonority OG is clearly and unmistakably identifiable as the author of the images.

5. Ancillary Obligations

5.1. The contractual partner shall be responsible for obtaining any necessary usage permissions from third parties and the consent for depicting persons. The client shall hold Sonority OG harmless in this regard, particularly with respect to claims arising from the right to one’s own image pursuant to § 78 UrhG as well as claims regarding usage pursuant to § 1041 ABGB. Sonority OG guarantees the consent of those entitled only in the event of an explicit written confirmation for the contractual usage purposes (point 2.1).

5.2. Should Sonority OG be commissioned by the contractual partner to electronically process photographs owned by third parties, the client assures that they are entitled to do so and shall indemnify Sonority OG against all third-party claims arising from a breach of this obligation.

5.3. The contractual partner undertakes to pick up any shooting objects immediately after the shoot. Should these objects not be collected within two working days after a reminder, Sonority OG is entitled to charge storage fees or to store the items at the client’s expense. Transport and storage costs shall be borne by the client.

6. Loss and Damage

6.1. In the event of loss or damage to exposures (digital image files) produced pursuant to the order, Sonority OG shall be liable – under any legal theory – only for intent and gross negligence. Liability is limited to its own fault and that of its employees; for third parties (laboratories, etc.) Sonority OG shall be liable only for intent and gross negligence in the selection. Any liability shall be limited to the cost of materials and the free repetition of the shoot (if and insofar as this is possible). The client shall have no further claims; Sonority OG shall in particular not be liable for any travel and accommodation expenses, third-party costs (models, assistants, makeup artists, and other shooting personnel), or for lost profits, consequential, or immaterial damages. Claims for damages shall only exist if gross negligence by the injured party is proven. Claims for compensation shall become time-barred 3 months after becoming aware of the damage and the responsible party, but in any event 10 years after the service or delivery.

6.2. Point 6.1 shall apply accordingly in the event of loss or damage to submitted templates (films, layouts, display items, other templates, etc.) and delivered products and props. More valuable items must be insured by the contractual partner.

7. Early Termination

Sonority OG is entitled to terminate the contract with immediate effect for important reasons. An important reason is deemed to exist, in particular, if bankruptcy or insolvency proceedings are opened against the client’s assets or if an application for the opening of such proceedings is rejected due to insufficient assets, or if the client ceases payments, or if there are justified concerns regarding the client’s creditworthiness and, after a request from Sonority OG, the client neither makes advance payments nor provides acceptable security, or if the performance of the service becomes impossible or is further delayed despite setting a 14-day grace period due to reasons attributable to the client, or if the client, despite written warning with a 14-day grace period, continues to violate essential obligations of the contract such as payment of a due partial amount or cooperation obligations.

8. Performance and Warranty

8.1. Sonority OG will execute the given order with due care. It may also have the order executed – in whole or in part – by third parties. Unless the client gives written instructions, Sonority OG is free with regard to the method of executing the order. This applies in particular to the design of the images, the selection of models, the shooting location, and the photographic techniques used. Deviations from previous deliveries shall not be deemed defects.

8.2. No liability shall be assumed for defects that are due to incorrect or imprecise instructions by the client (§ 1168a ABGB). In any event, Sonority OG shall only be liable for intent and gross negligence.

8.3. The client assumes the risk for all circumstances not attributable to Sonority OG, such as weather conditions for outdoor shoots, timely provision of products and props, model cancellations, travel disruptions, etc.

8.4. Shipments travel at the client’s expense and risk.

8.5. Sonority OG reserves the right – except in cases where the client is legally entitled to rescind – to fulfill any warranty claim at its discretion by improvement, replacement, or price reduction. In this regard, the client must always prove that the defect was present at the time of delivery. The goods must be inspected immediately after delivery. Any defects found must be reported to Sonority OG in writing without delay, but no later than 8 days after delivery, specifying the nature and extent of the defect. Hidden defects must be reported immediately after discovery. If a defect complaint is not raised or is raised too late, the goods shall be deemed approved. The assertion of warranty or claims for damages including consequential damages as well as the right to rescind due to defects shall be excluded in these cases. The warranty period shall be 6 months for B2B and 2 years for B2C.

8.6. No liability shall be assumed for insignificant defects. Color differences in reorders shall not be considered significant defects. Point 6.1 shall apply accordingly.

8.7. For fixed order dates, liability is provided only by explicit written agreement. In the event of any delivery delays, point 6.1 shall apply accordingly.

8.8. Agreed online feedback loops will be handled via the tool Filestage. Should this process not be followed, Sonority OG reserves the right to charge for the additional effort incurred.

8.9. Minor delays in delivery deadlines shall be accepted in any event, without the client being entitled to any claim for damages or a right of withdrawal.

8.10. Any usage permissions granted by the photographer do not include the public performance of sound works in any media.

9. Work Fee / Honorarium

9.1. In the absence of an explicit written agreement, Sonority OG is entitled to a work fee (honorarium) according to its then-current price lists, or otherwise an appropriate fee.

9.2. The honorarium shall also apply for layout or presentation shots as well as in cases where exploitation is omitted or depends on a third party’s decision. In this case, no price reductions shall be granted on the shooting fee.

9.3. All material and other costs (props, products, models, travel expenses, accommodation expenses, makeup artists, etc.), even if procured by Sonority OG, shall be paid separately.

9.4. Any changes requested by the client during the execution of the work shall be at the client’s expense.

9.5. Conceptual services (consultation, layout, other graphic services, etc.) are not included in the shooting fee. The same applies to above-average organizational efforts or meeting efforts.

9.6. Should the client refrain from executing the given order for reasons within its control, Sonority OG is entitled to the agreed remuneration in the absence of any other agreement. In the event of absolutely necessary schedule changes (e.g., due to weather conditions), an honorarium corresponding to the unutilized or reserved time and all additional costs shall be payable.

9.7. The net honorarium is exclusive of VAT at the applicable legal rate.

9.8. The client waives any right of set-off.

10. License Fee

Unless expressly agreed otherwise in writing, in the event of granting usage permission, Sonority OG is entitled to a work usage fee of an agreed or appropriate amount, payable separately.

11. Payment

11.1. In the absence of any other explicit written agreements, a down payment amounting to 50% of the estimated invoice total is due upon order placement. Unless expressly agreed otherwise in writing, the remaining fee – if determinable for the client – shall be due for payment by bank transfer within a maximum of 8 days after the work is completed or after invoicing. Invoices are payable without any deduction and free of charges. In the case of bank transfers, the payment shall only be deemed complete when Sonority OG confirms receipt.

11.2. For orders comprising several units, Sonority OG is entitled to invoice after the delivery of each individual service.

11.3. In the event of the client’s default in payment, Sonority OG is entitled – without prejudice to further claims for damages – to charge default interest at a rate of 5% above the base interest rate per annum.

11.4. To the extent that delivered images pass into the ownership of the client, this shall only occur after full payment of the shooting fee including additional costs. Asserting the retention of title does not constitute a withdrawal from the contract unless expressly declared as such.

12. Data Protection

The client expressly agrees that Sonority OG may, for the purpose of fulfilling and servicing the contract as well as for its own advertising purposes, automatically determine, store, and process the data provided by the client (name, address, email, telephone number). Furthermore, the client agrees to receive electronic mail for advertising purposes until revocation.

13. Delivery

The client shall receive only edited image material in JPG format or videos in h.264 format. The quantity is at the discretion of the photographer and depends on the duration of presence at events and weddings. For other orders, the client shall receive the contractually agreed quantity of image material. The selection is made by the photographer. The delivery of unedited, digital raw data (RAW) is excluded.

14. Use for Advertising Purposes

Sonority OG is – unless an explicit contrary written agreement exists – entitled to use the photographs and videos produced by it for the promotion of its activities. The client hereby gives its explicit and irrevocable consent for the publication for advertising purposes by the photographer and waives any claims, in particular arising from the right to one’s own image pursuant to § 78 UrhG and any usage claims pursuant to § 1041 ABGB.

15. Cancellation Costs

15.1. If the client cancels an agreed appointment or fails to appear without cancellation, Sonority OG is entitled to at least the following compensation, provided that the cancellation or failure to appear is not attributable to the client:

– Storno ab 28 Tage vor dem vereinbarten Termin: 50% des vereinbarten Bruttohonorars,
– Storno ab 14 Tage vor dem gebuchten Termin: 70% des vereinbarten Bruttohonorars,
– Storno ab 7 Tage vor dem gebuchten Termin: 100% des vereinbarten Bruttohonorars.

The photographer/filmmaker reserves the right to prove a higher loss or compensation shortfall, and the client reserves the right to prove a lower loss or compensation shortfall.

15.2. Furthermore, the client shall bear any costs and expenses that have become unrecoverable due to the cancellation, such as for studio rentals, makeup artists, props, etc., provided that the photographer has previously informed the client of these costs and their amounts.

16. Final Provisions

16.1. The place of performance and jurisdiction is the registered office of Sonority OG. In the event of a change of seat, lawsuits may be filed at both the old and the new registered offices.

16.2. Any recourse claims that the contractual partner or third parties may assert against Sonority OG under product liability in the sense of the PHG are excluded, unless the party entitled to recourse proves that the error was caused within the sphere of Sonority OG and was at least grossly negligent. In all other respects, Austrian substantive law shall apply. The applicability of the UN Sales Convention is excluded. The language of the contract is German.

16.3. These General Terms and Conditions shall apply mutatis mutandis to film works or moving images produced by Sonority OG on a contractual basis, regardless of the method and technology applied (film, video, etc.).

mail: video@sonority.rocks

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Disclosure requirement acc. § 25 Media Law and Information acc. § 5 ECG

Sonority OG
Kubastastraße 8
A-3300 Amstetten
Austria