1. Applicability and scope 

 

1.1 Studio Rewind enters into contracts for work and services with companies. According to § 1 KSchG, companies are natural or legal persons who meet all legal requirements and pursue their self-employed, professional or commercial activity in this sense. 

 

1.2 Studio Rewind enters into contracts for work and services with natural persons (consumers). According to § 1 KSchG, consumers are natural persons who conclude a legal transaction for a purpose that has neither a commercial nor self-employed professional background. 

 

1.3 Studio Rewind enters into contracts solely on the basis of these Terms and Conditions.  Any deviation from these Terms and Conditions must be agreed to in writing by both parties. 

 

1.4 These terms and conditions are valid until further notice. In the event of a change and entry into force of a new version, it shall apply to all contracts that have not yet been successfully concluded and to any future contracts. Studio Rewind does not have to call out these changes, but will continue to refer to this web site on all contractual documents. 

 

1.5 The contract is only valid between the two parties.  The inclusion of third parties must be communicated in writing and may not be included until confirmed by Studio Rewind. 

 

1.6 If the terms of the contract are mutually exclusive with the previous version, the new terms and conditions shall apply to all open contracts at the time of the amendment, with the exception of the mutually exclusive clauses. 

 

2. Offer and Conclusion of a Contract 

 

2.1 As long as not expressly specified, every offer from Studio Rewind is to be considered to be without obligation and non-binding.  Furthermore, this also applies to all prices on the website. 

 

2.2 Request to perform an assignments can be communicated in writing by e-mail or verbally (incl. by telephone) to Studio Rewind. Studio Rewind will send the potential client a written offer by e-mail within a reasonable period of time. If the request is rejected, it will also be communicated within a reasonable period of time. If the written offer is accepted in writing by the client, a legally binding order is concluded between Studio Rewind and the client, which presupposes a mutual obligation to be performed. 

 

3. Provision of services and authorisation of use 

 

3.1 Studio Rewind may also have the order carried out – in whole or in part – by a third party (e.g. printer, film laboratory, etc.). 

 

3.1.1 Unless the Contracting Parties reach a written agreement on the execution of the Order, Studio Rewind shall be free to implement the Order. This applies to design factors (image composition, lighting, shooting location) as well as technical factors (choice of equipment).

 

3.2 Deliveries by Studio Rewind are at the risk and expense of the Contracting Party. 

 

3.3 Performance and/or delivery dates and deadlines mentioned by Studio Rewind are approximate and therefore non-binding. In the event of non-compliance with the dates and deadlines mentioned, no claims can be made against Studio Rewind. 

 

3.3.1 A specific performance and/or delivery date or deadline must be expressly communicated in writing by both parties. Only then is it considered binding. 

 

3.4 If binding delivery dates or deadlines have been agreed, the Contracting Party may withdraw from the contract in the event of non-compliance with a reasonable grace period of at least two weeks. Withdrawal from the contract must be made in writing by e-mail or by post with registered letter. 

 

3.4.1 The right of withdrawal shall only apply to those parts of the service or delivery for which there is a delay. 

 

3.4.2 Upon request by Studio Rewind, the Contracting Party undertakes to state whether it insists on the fulfilment of the contract, withdrawl from the contract or claim for damages. 

 

3.4.3 Claims for damages are only valid if the Contracting Party can prove that Studio Rewind caused the delay intentionally or through gross negligence, and that material damage was caused as a result. 

 

3.4.4 Minor delays in delivery time do not entitle the Contracting Party to compensation. 

 

3.5 Claims for damages for non-performance or delayed performance are excluded, except in the case of evidence proving intent or gross negligence on the part of Studio Rewind. 

 

3.6 With the acquisition of a copyrighted work, regardless of whether in paper form or digitally, the Contracting Party acquires a simple (non-exclusive) and non-transferable license for use with the associated contractually agreed exploitation rights. The purpose of use depends on the scope of use stated in the contract and invoice (number of copies, time or location restriction, etc.). 

 

3.7 In the case of the creation of a corporate identity, the right to use the work (exclusive right) is transferred to the Contracting Party. Unless otherwise expressly agreed in writing by the Contracting Parties, Studio Rewind may use the project for portfolio purposes on this website and the associated social media channels. 

 

3.8 The licence for use and the right of use shall only come into force upon full payment of the agreed fee for the use of the work (see section 6.1). 

 

3.9 Studio Rewind shall not be liable for any printing or typographical errors in the layout or comparable media products. Proofreading by Studio Rewind is not included. 

 

3.10 When creating a graphic product, two correction cycles are included in the scope of the offer. A correction cycle is defined as adjustments in the area of color, imagery, graphic arrangement, improvement of an illustration. Basic elements, which are already defined in the conception phase, such as the amount of text, font size and type, fundamentally change the appearance of the product and exceed the scope of a correction cycle. In this case, the customer will be informed immediately and must expect a subsequent surcharge for the additional work performed. The exact amount will be communicated in writing by Studio Rewind before the layout is changed. (See point 6.6) 

 

3.10.1 Corrections for photographic and videographic works by Studio Rewind are completely excluded. If there is a subsequent request for changes in terms of motif, location or lighting, which leads to a follow-up photo shoot, the customer bears the costs. 

 

4 Copyright provisions 

 

4.1 Photographic works, film works and all graphics are copyrighted works within the definition of §§ 1, 3, 4 UrhG. All copyrights and ancillary copyrights of the creator (§§ 14ff, 73ff UrhG) belong to Studio Rewind without exception. Thus, only Studio Rewind has the full right of exploitation (making available to the public, reproduction, public performance, distribution by broadcasting, editing). The Contracting Party may use the Works under agreed conditions by means of a Work Use Permit or Right of Use granted by Studio Rewind (see Sections 3.6 and 3.7). 

 

4.2 Reproduction and distribution of copyrighted content requires a written agreement between the contracting parties. This does not affect the right to make a backup copy. 

 

4.3 The Contracting Party undertakes to use the manufacturer's designation (attribution, copyright notice) for use (reproduction, distribution, broadcasting, etc.) depending on the use case in the imprint or as a caption. This must be clearly assignable and follows the following scheme:
Photo: © Studio Rewind, 2024
Layout: © Studio Rewind, 2024 

 

4.4 Any modification or subsequent processing requires the written consent of Studio Rewind. This does not apply only if the right to edit has been contractually granted by Studio Rewind. 

 

4.5 In the event of publication, Studio Rewind will be entitled to two free sample copies. If the production price is higher than € 80 (incl. VAT) per copy, the number of specimen copies is reduced to one piece. In the case of a digital publication, the links to relevant media must be forwarded to Studio Rewind. 

 

4.6 In the event of an infringement of copyright and/or ancillary copyrights, Studio Rewind shall have civil law claims for injunctive relief, removal, damages, publication of judgments, etc in accordance with §§ 81 et seq. of the Austrian Copyright Act. Studio Rewind shall be entitled to these claims regardless of fault. If, in the event of an incorrect or missing creator’s designation (according to point 4.3), which counts as non-material damage (§ 87 para 2 UrhG), there is consequential damage in the form of pecuniary loss (§ 87 para 1 UrhG), Studio Rewind is entitled to compensation in the form an appropriate remuneration (§ 86 UrhG). 

 

5 Ownership of Footage, Image Files and Graphics, Labeling and Archiving 

 

5.1 Analogue photography and graphic design: Studio Rewind owns exposed film material and hand-made graphic elements (negatives, slides, illustrations, etc.). If the Contractiny Party wishes to own the analogue material, this can be mutually agreed upon in writing and become the property of the Contracting Party in return for an appropriate fee.  

 

5.1.1 Alternatively, the material can be loaned to the Contracting Party. The risk of damage and the associated costs lie with the Contracting Party. 

 

5.2 Digital Photography and Graphic Design: The right to material in open file formats (InDesign, Photoshop, RAW files, etc.) belongs exclusively to Studio Rewind and cannot be acquired through the contracting party. 

 

5.3 Studio Rewind is entitled to use a creator’s designation as a logo and/or in writing for photographs, print data and online appearances in a manner suitable for the company (including on the front or cover). The contracting party is also obliged to ensure the integrity of the manufacturer's designation in accordance with point 4.3. 

 

5.4 The Contracting Party undertakes to treat the file handling of photographs and digital layouts in such a way that Studio Rewind remains clearly identifiable as the author. 

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5.5 Studio Rewind archives all projects without legal obligation for a period of two years. In case of loss or damage of the projects, the contractor has the possibility to receive another sending of the final files. At the end of the two years, this entitlement expires. 

 

6 Remuneration (fees) 

 

6.1 Unless otherwise agreed in writing, Studio Rewind shall be entitled to a fee for all services in the agreed amount of the order. 

 

6.2 With the fulfillment of the contract, Studio Rewind shall be entitled to a fee, even if the material is not used or the decision is dependent on a third party. There will be no subsequent price reduction. (See also point 7.6) 

 

6.3 In the case of the sale of photographs or films, a separate fee for the use of the work (time-limited license fee) in the agreed amount may be charged in addition to the sales fee. 

 

6.4 Conceptual services such as consulting, discussions, sketches, mood boards, etc. as well as material costs and other expenses such as travel expenses, accommodation expenses, make-up, etc. are not included in the fee and will be charged separately. 

 

6.5 Offers from Studio Rewind are issued without VAT. The stated amount is therefore only based on the costs of Studio Rewind's effort and material. VAT will only be added to the agreed amount and charged when the invoice is issued. 

 

6.6 If, in the course of the execution of the order, the Contracting Party requests changes that are outside the scope of the correction cycles described in section 3.10, these will be invoiced separately. 

 

6.7 Studio Rewind is not bound by prior pricing when invoicing follow-up orders. 

 

6.8 No guarantee is given for the correctness of cost estimates. All estimates are non-binding. Studio Rewind does not guarantee that the price quoted in the estimate will correspond to the actual fee. 

 

6.8.1 If there is a slight cost overrun due to an objectively justifiable and unavoidable circumstance, this will be communicated at the time of invoicing. 

 

6.8.2 In the event of a significant excess of the price indicated in the quotation, Studio Rewind undertakes to inform the Contracting Party of the estimated amount of the additional costs before correcting the product (see points 3.10, 3.10.1, 6.6). 

 

7 Payment 

 

7.1 The term of payment of all fees issued by Studio Rewind is 14 days from receipt of the invoice. 

 

7.2 Studio Rewind is entitled to demand payment on account (advance payment) prior to the commencement of the execution of the order. Furthermore, Studio Rewind is entitled to invoice the contracting party for partial services over a period of time in several invoices (partial invoices). 

 

7.3 Regardless of the fault, default interest of 5% of the contract value will be charged in the event of default of payment. If, after issuing the invoice with default interest, there is no full payment or even no payment, the Contracting Party will also bear the costs incurred as a result of the delay in payment (costs for the preparation of a lawyer's letter, costs of a debt collection agency, etc.). 

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7.3.1 Studio Rewind reserves the right to charge a reminder fee of € 20 if the 14-day payment deadline is exceeded. 

 

7.4 If, in the course of a delay in payment, circumstances to reduce the creditworthiness of the Contracting Party become known (e.g. opening of insolvency proceedings, personal bankruptcy) and the latter settles the contract fee by means of partial payments, Studio Rewind is entitled to make all outstanding invoice amounts immediately due. Furthermore, Studio Rewind is entitled to withhold all services and deliveries until full (advance) payment has been made. If the Contracting Party is unable to meet its payment obligation within one month, Studio Rewind may withdraw from the contract without setting a grace period. 

 

7.4.1 In the event of withdrawal from the contract, Studio Rewind may demand the return of material that has already been delivered and, in the event of material damage caused by costs incurred by Studio Rewind, claim damages. 

 

7.5 The retention or reclaim of the invoice amount due to a subsequent, uncommunicated change that lies outside the agreed contractual content is expressly excluded. This applies to services that have already been fully delivered by Studio Rewind. 

 

8 Obligations of the Contracting Party 

 

8.1 The Contracting Party undertakes to cooperate in the fulfilment of the order if necessary and to support Studio Rewind (concrete feedback, clear requirements, etc.). 

 

8.2 The contracting party is responsible for obtaining all permissions for use with regard to depicted motifs (e.g. works of fine art, products of a third party, third-party property), insofar as these are not the property of the contracting party. 

 

8.2.1 The contractual partner is also responsible for obtaining permissions for the representation of persons (e.g. models), insofar as these are not the contractual partner itself. 

 

8.3 Indemnification: The Contracting Party undertakes to indemnify and hold Studio Rewind harmless against legal claims by third parties. If the latter is subject to civil or criminal proceedings as a result of their own misconduct in violating the law, this may not be linked to Studio Rewind, insofar as none of the parties involved intentionally and knowingly acted as accomplices on the part of Studio Rewind. 

 

8.4 In the case of commissioning Studio Rewind for the electronic processing and editing of third-party photographs, film material and texts, the Contracting Party assures that he has the necessary rights for this purpose. As a result, third parties shall not be entitled to any claims to hold Studio Rewind responsible for a breach of this obligation. 

 

8.5 The Contracting Party undertakes to pick up any items provided for the fulfillment of the contract within one week of the recordingn. If the items are not collected, Studio Rewind is entitled to charge a daily storage fee for the items. 

 

8.6 The Contracting Party undertakes to insure valuable items that are made available to Studio Rewind in the course of a film or video production. 

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9 Dealy of Acceptance, Rescission of the Contracting Party 

 

9.1 If an offer is not accepted within two weeks, Studio Rewind will set a grace period of two weeks. Thereafter, Studio Rewind may withdraw the offer with immediate effect without giving a reason. 

 

9.2 If the Contracting Party does not meet its outstanding financial claims (down payment, partial payment, total amount) and personal obligations (duty to cooperate, etc.) despite a warning and the setting of a grace period, Studio Rewind is entitled to withdraw from a concluded contract. (See points 7.5 and 8.1) 

 

9.2.1 If Studio Rewind justifiably withdraws from a contract, Studio Rewind is nevertheless entitled to the agreed fee plus actual ancillary costs incurred. 

 

9.3 If the Contracting Party wishes to collect printed products (instead of sending them), the Contracting Party undertakes to collect them within one week. In the event of delay of acceptance of ordered print products (fine art prints, photo books, etc.), Studio Rewind is no longer liable for dangers and potential damage caused by storage. 

 

9.4 For photographic and videographic productions, the following applies: In the event of essential changes to the date (e.g. illness, weather, scheduling), a corresponding fee (including incidental costs) will be charged for the reserved time expenditure. Cancellation of an appointment is free of charge up to 3 days before production. After that, 20% of the order value will be charged with each day. 

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10 Retention of Title for Print Products 

 

10.1 When ordering print products through Studio Rewind, they remain the property of Studio Rewind until they have been paid in full. In this case, the Contracting Party bears the entire risk for the goods. 

 

10.2 If the Contracting Party is in arrears with its payment in whole or in part, Studio Reihend is entitled to demand a return of the printed products until full payment has been made. 

 

11 Warranty

 

11.1 The warranty only applies to defects that were already present at the time of delivery. Studio Rewind does not assume any further warranty promises (e.g. color stability of an analogue print). There is no warranty for damage caused by unsuitable or improper use or handling of digital data and print products. 

 

11.2 Warranty claims are excluded for insignificant defects in a repeat order, such as minimal color differences or equivalent material (but e.g. from other manufacturers). 

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11.3 In the event of justified defects, Studio Rewind has the option of remedying the defects (improvement, completion), providing a replacement delivery (replacement) or, in the event of disproportionately high effort, terminating the contract. In the first instance, the contracting party has no right to choose the warranty remedies.  

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11.3.1 The additional costs incurred in the event of a withdrawal from the contract due to a defect remedy by a third party carried out by the Contracting Party will not be borne by Studio Rewind under any circumstances. 

 

11.4 Insofar as Studio Rewind does not agree in writing, there will be no subsequent price reduction of the fee for work. 

 

11.5 The following applies to companies: The obligation to show a defect lies exclusively with the Contracting Party. § 924 ABGB does not apply here. 

 

11.5.1 In accordance with § 377 UGB, the Contracting Party is obliged to report the defect immediately after receipt of the delivery or service within eight working days. In order to obtain a warranty claim, the complaint must be sufficiently substantiated and evidence must be attached. 

 

11.5.2 The total warranty period is 6 months from the date of receipt of the printed products. 

 

11.5.3 The Contracting Party shall not be entitled to any warranty claim as long as it is in default with its own performance obligations. 

 

11.6 The following applies to private individuals: The statutory warranty provisions must be observed. The limitation period for warranty claims expires two years after delivery of the printed products. If the damage is clearly attributable to Studio Rewind, the Contracting Party has three years from becoming aware of the damage in accordance with § 933a ABGB to assert it and to claim the warranty claim for damages. 

 

12 Liability for damages 

 

12.1 With the exception of personal injury, regardless of the degree of fault, Studio Rewind shall be liable for compensation for damages caused by gross negligence or intent. This also applies to damage or loss of analogue recordings (slides, negatives) and end products (layout, films). 

 

12.2 In the event of gross negligence on the part of Studio Rewind, Studio Rewind shall be liable for property damage up to a maximum of the value of the order. The Contracting Party shall not be entitled to any further claims. 

 

12.3 Studio Rewind is not responsible for travel and travel related expenses of the Contracting Party and third-party costs (models, assistants, make-up artists, etc.). 

 

12.4 Studio Rewind shall only be liable for loss of profit and damage to third parties in the event of intent. 

 

12.5 Proof that Studio Rewind is at fault for the occurrence of damage must always be provided by the Contracting Party. 

 

12.6 Claims for damages of any kind must be asserted in court within 6 months of becoming aware of the damage and the person causing the damage, and within a period of 19 years from the date of acceptance of the work.

 

12.7 Studio Rewind is under no obligation to inspect any products or props provided by the Contracting Party. If these cause direct or indirect damage, Studio Rewind assumes no liability for this. 

 

12.8 Studio Rewind accepts no liability for circumstances beyond Studio Rewind's control. This includes cases such as weather conditions during outdoor shooting, model no-shows, travel delays and hindrances, provision of products and props of the contractor and/or third parties. 

 

13 Assignment (transfer to third parties) 

 

The Contracting Party may only transfer its individual contractual rights to third parties with the written consent of Studio Rewind. 

 

14 Data protection and change of address 

 

14.1 By placing an order, the Contracting Party expressly agrees that Studio Rewind may use personal data provided by him (name, address, e-mail address, data for account transfer, telephone number, date of birth, etc.) as well as order-based data (order date, service period, delivery dates, payment and reminder data, number of units, price, etc.) in compliance with the Data Protection Act as amended for the purposes of contract fulfilment and support, as well as its own advertising purposes (e.g. newsletters, delivery of time-limited offers, etc.). 

 

14.2 The Contracting Party agrees that electronic mail from Studio Rewind may be sent to him for advertising purposes until revoked. The contracting party has the right to revoke the sending of electronic mail in writing at any time or to request it again. 

 

14.3 In order to ensure valid invoicing the Contracting Party undertakes to notify Studio Rewind of any change to the billing address immediately and prior to issuing the invoice (either by itself or after sending an offer on which the address known to Studio Rewind appears).

 

14.4 Studio Rewind has the right to retain personal data for seven years. If the data is not used on any platform within the seven years and no form of contact takes place, it will be deleted. 

 

15 Uses of Studio Rewind Projects for Promotional Purposes 

 

Unless expressly agreed in writing to the contrary, Studio Rewind has the right to use projects (photographs, layouts, films) created by Studio Rewind to promote its own activities. When concluding the contract, the Contracting Party gives his express and irrevocable consent and waives all personal claims such as the right to one's own image according to § 78 UrhG and claims for use according to § 1041 ABGB. (See also point 3.7) 

 

16 Place of Performance, Place of Jurisdiction, Applicable Law and Language of the Contract  

 

16.1 Unless otherwise agreed, the place of performance for services shall be the principal place of business of Studio Rewind 

 

16.2 The court with jurisdiction for all disputes relating to the contractual relationship, including disputes concerning the formation, validity and/or validity of a contract, shall be the court having jurisdiction at Studio Rewind's principal place of business. In the event of a transfer of the registered office, open claims may continue to be settled through the former court. 

 

16.3 Any legal relationship between Studio Rewind and the Contracting Praty shall be governed exclusively by Austrian law to the exclusion of the reference provisions of international private law (e.g. IPRG, Rome I Regulation, etc.) and the UN Convention on Contracts for the International Sale of Goods. 

 

16.4 The default contract language is German. Contracts in English may be requested in writing by the contracting party.