General terms and conditions

This is a translation for your convenience. Only the German version is legally binding.

1. General

1.1 Mathias Kissenberth Filmproduktion is only legally bound once it has confirmed the offer or order in due form (email, offer letter or order letter) or once the contract has been signed. By signing the order letter or order confirmation, the General Terms of Production and Delivery are accepted. Confirmation by fax or email is equivalent to written confirmation.

1.2 The film is produced, regardless of the carrier medium, analogue or digital, on the basis of the screenplay approved or provided by the client and under the conditions set out in writing in the production contract or the accepted offer.

1.3 Texts, treatments, screenplays, drawings, plans and similar documents developed by Mathias Kissenberth Filmproduktion or on its behalf remain its intellectual property, provided they are not used in the film or no fee has been agreed for them. Any use, in particular passing on, reproduction and publication, requires the express consent of Mathias Kissenberth Filmproduktion. Documents supplied by the client may be reclaimed by the client.

2. Costs

2.1 The agreed price includes all production costs, including one master copy ready for broadcast or screening, and the granting of rights to the film to the extent provided for in clause 7.2. A surcharge of 15% for overheads (HU) is added to the calculated net production costs, plus statutory value added tax. The calculated working time per shooting day is a maximum of 10 hours.

2.2 Weather-related postponements of the shoot (weather risk) are included in the calculated production costs for a postponement of up to 1 day. Additional costs arising from postponements of more than one day are invoiced separately according to documented expenditure.

2.3 A separate contract may be concluded for the creation of a text, treatment or screenplay. The price agreed in that contract is payable by the client even if the client does not use the text, treatment or screenplay, does not have it filmed, or withdraws from the order. If a text, a screenplay or a pre-existing film is provided by the client or the client’s authorised representative, the full and unlimited transfer of rights to Mathias Kissenberth Filmproduktion must be effected.

2.4 If the client requires a particular insurance policy to be taken out, the client must inform Mathias Kissenberth Filmproduktion of this at the latest when the contract is concluded and must reimburse the costs.

2.5 The client bears the costs of any expert advice the client commissions.

3. Production, changes, acceptance, foreign-language version

3.1 Preparatory work, shooting and comparable work (see clause 5.2) begin at the earliest after the production contract has been signed.

3.2 The artistic and technical design of the work is the responsibility of Mathias Kissenberth Filmproduktion. Mathias Kissenberth Filmproduktion must inform the client or the client’s authorised representative of the location and planned procedures for preparatory work, filming and post-production.

3.3 Acceptance by the client or the client’s authorised representative constitutes approval of the artistic and technical quality.

3.4 If, before acceptance of the film, the client requests changes to the schedule, the manuscript, the screenplay or the parts of the film already produced, these changes are at the client’s expense, unless they concern justified complaints about defects. Mathias Kissenberth Filmproduktion must inform the client or the client’s authorised representative without delay of the expected costs of these changes.

3.5 If the client wishes to make changes after acceptance of the film, the client must notify the film producer of the desired changes in writing. Mathias Kissenberth Filmproduktion alone is entitled to make changes. Such changes are at the client’s expense.

3.6 If, for artistic or technical reasons, Mathias Kissenberth Filmproduktion proposes changes to the text or screenplay already approved which lead to additional costs compared with the agreed production price, these require the prior written consent of the client or the client’s authorised representative. Additional costs that have not been expressly approved cannot be claimed.

3.7 If foreign-language versions of the film are to be produced by dubbing, pack shot or title change, a corresponding agreement must be made.

4. Liability

4.1 Mathias Kissenberth Filmproduktion undertakes to deliver a technically flawless broadcast copy (film, digital or HD format). It expressly warrants that the production has flawless sound and picture quality. No warranty is given for improper further processing by third parties (e.g. MPEG encoding).

4.2 If, during production of the text or the film, a circumstance arises which makes production in accordance with the contract impossible, Mathias Kissenberth Filmproduktion is responsible only for intent and gross negligence. Impossibility of production, or failure to complete the text or the film on time, for which neither Mathias Kissenberth Filmproduktion nor the client is responsible, entitles the client only to withdraw from the contract. Services rendered up to that point, plus HU, will nevertheless be charged.

4.3 Material defects acknowledged by Mathias Kissenberth Filmproduktion must be remedied by it. If these corrections cannot be carried out without the cooperation of the client or the client’s expert adviser, Mathias Kissenberth Filmproduktion may regard the contract as fulfilled once a period of at least two weeks set for the relevant action has expired without result. Mathias Kissenberth Filmproduktion is entitled to refuse to remedy defects until the payments due at the time of the correction have been made.

4.4 Mathias Kissenberth Filmproduktion is liable for all infringements of rights that it may cause during production; however, the client bears the risk for props provided by the client. The client is liable for any infringements of rights arising from image and sound material provided by the client for the production of the work, and hereby declares that the client holds the rights of editing, alteration, exploitation and performance for it or has acquired them from third parties.

5. Withdrawal from the contract by the client

5.1 If the production order has been placed and the client withdraws from the order before work or shooting begins, through no fault of Mathias Kissenberth Filmproduktion, the latter is entitled to invoice the net costs actually incurred and the proportionate HU.

5.2 In the event of withdrawal from the order between 10 and 4 days before the start of shooting, or before a comparable stage for films to be produced from existing and/or computer-generated image material, Mathias Kissenberth Filmproduktion is entitled to invoice 2/3 of the net costs calculated and accepted by the client, plus HU.

5.3 If the client withdraws between the 3rd and the 1st day before the planned start of shooting or comparable activities (see clause 5.2), the calculated and commissioned total amount will be invoiced.

6. Terms of payment

Unless otherwise agreed, the following terms of payment apply:

In the event of late payment, default interest at the rate of the secondary market yield plus 3% will be charged from the due date.

7.1 The work is produced on the basis of the text, concept or screenplay accepted by the client and by Mathias Kissenberth Filmproduktion. Pursuant to Section 38(1) of the Austrian Copyright Act (UrhG), Mathias Kissenberth Filmproduktion holds all necessary exploitation rights under copyright law (except where they are held by a collecting society), in particular the rights of reproduction, distribution, broadcasting and performance and the neighbouring rights necessary to fulfil the contract, which it continues to administer after completion of the work.

7.2 Unless otherwise agreed, the client acquires the following rights of use in the finished work after full payment of the production costs:

7.2.1 Performance rights for active use (paid advertising placements) in online media, for the territory of the Republic of Austria, and in cinemas, for a period of one year from completion.

7.2.2 Performance rights for passive use (without paid advertising placements) in online media, company presentations and sales meetings, without territorial restriction, for a period of 10 years.

7.2.3 A separate agreement must be made for any extension or expansion of the broadcasting or performance rights (in particular for TV).

7.3 In any case, the rights of reproduction, editing, alteration, supplementation, foreign-language dubbing and the use of excerpts in picture and/or sound are excluded from the grant of rights, unless they are expressly agreed by contract and remunerated separately. The remuneration for these rights of use must be set at no less than the profit lost by Mathias Kissenberth Filmproduktion. This does not affect any claim for damages.

7.4 The client expressly agrees that the notifications to the relevant collecting societies required by law will be made by Mathias Kissenberth Filmproduktion.

7.5 The client is obliged to report to Mathias Kissenberth Filmproduktion without delay any use of the film outside the countries and periods specified in the production contract.

7.6 To safeguard the exploitation rights under copyright law, the source material (text, picture and sound), in particular negatives, master tapes and also the remaining material, stays with Mathias Kissenberth Filmproduktion.

8. Other provisions

8.1 Mathias Kissenberth Filmproduktion is entitled to show its company name and company logo as a copyright notice. It also has the right to screen the film, or have it screened, at competitions and festivals. Mathias Kissenberth Filmproduktion is likewise entitled to screen the film, or have it screened, for the purpose of self-promotion; this also applies to publication on the internet, on the website of Mathias Kissenberth Filmproduktion or on other corresponding analogue or digital platforms.

8.2 The place of performance is Vorarlberg/Götzis. The place of jurisdiction is Vorarlberg/Feldkirch.