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General Terms and Conditions

Terms and Conditions.

Status: April 5, 2025

The following General Terms and Conditions are the basis for all contracts for services (such as explanatory videos, graphic recording, or illustrations) issued and signed by Mag. Lana Lauren.

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  1. Applicability

    1. These General Terms and Conditions (GTC) apply to all legal relationships concerning services (such as the creation of explanatory videos, graphic recording, and illustrations) between Mag. Lana Lauren (hereinafter referred to as the Contractor) and the Client exclusively, even if they are not expressly referred to. They are an integral part of the contract.
    2. If the Contractor has made differing arrangements in the offer, these individual arrangements take precedence over the GTC. Oral agreements require written confirmation.
    3. Conditions that deviate from or contradict these GTC (in particular any GTC of the Client) will not become part of the contract unless the Contractor expressly and in writing agrees to their validity.

  2. Subject Matter of the Contract

    1. The contract between the Client and the Contractor is concluded based on the Contractor’s offer. The scope of services and remuneration are specified in the offer.
    2. Offers from the Contractor are non-binding and subject to change. The order must be placed in writing (e.g., via email). By placing the order, the Client accepts the conditions stated herein.
    3. The contract is concluded upon acceptance of the order by the Contractor. This must be done in writing (e.g., by order confirmation via email), unless the Contractor clearly indicates (e.g., by acting on the order) that they accept the order.

  3. Scope of Services

    1. The scope and content of the services to be provided are individually agreed upon through a written offer from the Contractor. The Contractor is not obligated to provide services that have not been expressly agreed upon (in writing in the offer). Subsequent changes to the content or scope of services require written confirmation from the Contractor.

    2. The artistic and technical design of the work is the responsibility of the Contractor and will be carried out in a manner that corresponds to the wishes described in the offer (as specified by the Client).

    3. Significant changes that have not been predetermined will be charged additionally at an hourly rate of €160, unless otherwise stated in the offer. Significant changes include:

      • Changes that exceed the number of correction rounds defined in the offer
      • Changes to services that have already been approved
      • Changes to the work underlying the offer
      • Changes that result in the need to re-engage third parties.

    4. If the Client excessively modifies their ideas or wishes after commissioning, the Contractor reserves the right to withdraw from the order. Services rendered up to that point will be charged (proportionally).

    5. All services provided by the Contractor must be reviewed by the Client and accepted within 5 working days. Acceptance by the Client signifies approval of the artistic and technical quality. If no feedback is received within 5 working days, the services are deemed approved by the Client.

    6. The Contractor has the right to change the nature, scope, price, terms of delivery, and channels of the services provided and to refuse their services entirely in the event of payment default or other breaches of duty.

  4. Client’s Obligations

    1. The Client must provide the Contractor with all information and documents necessary for the provision of the service in a timely and complete manner. They must inform the Contractor of all circumstances that are relevant to the execution of the order, even if these become known only during the execution of the order.

      The Client bears the costs arising from the need for the Contractor to repeat or delay work due to incorrect, incomplete, or subsequently modified information provided by the Client.

    2. The Client is obliged to check the documents provided for the execution of the order (images, videos, audio, etc.) for copyright, trademark, and other third-party rights and guarantees that the documents are free from third-party rights and can therefore be used for the intended purpose. The Contractor is not liable for any infringement of such third-party rights due to provided documents in the case of mere slight negligence or after fulfilling their duty to warn.

      If the Contractor is held liable by a third party for such a legal infringement, the Client shall indemnify and hold the Contractor harmless. The Client must compensate the Contractor for any disadvantages arising from claims by third parties.

    3. The Client must accept the service after it has been provided. Acceptance may not be refused for artistic reasons. Insignificant deviations from contractual specifications do not entitle the Client to refuse acceptance.

  5. Engagement of Third Parties

    1. The Contractor is entitled, at their discretion, to perform the service themselves, to engage knowledgeable third parties as assistants in the provision of contractual services, and/or to substitute such services. The engagement of third parties in the context of external services occurs either in the Contractor’s own name or in the name of the Client.
    2. The Client shall assume obligations to third parties that extend beyond the duration of the contract. This expressly applies in the event of termination of the contract for good cause.

  6. Deadlines

    1. Specified service deadlines are only binding if the Contractor has confirmed them in writing and expressly as binding and the Client has fulfilled all their obligations for the execution of the service in a timely manner.
    2. If the Contractor’s performance is delayed for reasons for which they are not responsible (such as unforeseeable events that cannot be averted by reasonable means - in particular delays with the Contractor’s subcontractors), the performance obligations are suspended for the duration and extent of the hindrance, and the deadlines are extended accordingly.
    3. The same applies if the Client is in default with their obligations necessary for the execution of the order (such as providing documents or information). In this case, the agreed date will be postponed at least to the extent of the delay.
    4. Should such delays (see 6.2 or 6.3) last more than two months, the Contractor is entitled to withdraw from the contract. In the event of withdrawal due to delays attributable to the Client, the Contractor has the right to invoice for the services rendered up to the point of withdrawal.
    5. If the Contractor is in default, the Client can only withdraw from the contract after setting the Contractor a reasonable grace period of at least 14 days in writing, which has expired without result. The period begins with the receipt of a reminder letter by the Contractor.
    6. After the unsuccessful expiration of the grace period, the Client may withdraw from the contract. An obligation to pay damages due to default exists only in the case of proof of intent or gross negligence on the part of the Contractor.

  7. Remuneration

    1. Unless otherwise agreed, the Contractor’s claim for remuneration for the contractually agreed service arises as soon as it has been provided.

    2. All services of the Contractor that are not expressly covered by the agreed remuneration will be invoiced separately. All cash expenses incurred by the Contractor must be reimbursed by the Client.

    3. If the commissioned work (e.g., explanatory video) is to be supplemented by synchronization and/or subtitling for additional versions not already agreed upon in the offer, the creation of these versions (overlaying the video with new audio or subtitles) will be charged additionally at an hourly rate of €160. Costs for synchronization (if third parties are commissioned) will be invoiced separately to the Client.

    4. For services that extend over a longer period, the Contractor is entitled to invoice monthly for the services already rendered.

    5. The Contractor reserves the right to demand advance payments for larger orders:

      • 25% of the total remuneration upon order placement
      • 25% after completion of 50% of the work
      • 50% upon delivery.

    6. If the Client unilaterally changes or cancels commissioned work without involving the Contractor, they must compensate the Contractor for the services rendered up to that point according to the remuneration agreement and reimburse all incurred costs. If the cancellation is not due to gross negligence or intentional breach of duty by the Contractor, the Client must also reimburse the Contractor for the entire remuneration agreed upon for this order. Furthermore, the Contractor must be indemnified against any claims from third parties, in particular from the Contractor’s subcontractors.

    7. Cost estimates from the Contractor are generally non-binding. If it becomes apparent that the actual costs exceed those estimated in writing by the Contractor by more than 25%, the Contractor will inform the Client of the higher costs. The cost overrun is deemed approved by the Client if they do not object in writing within 3 days of this notice and simultaneously provide more cost-effective alternatives.

    8. For all work of the Contractor that is not executed for any reason by the Client, the Contractor is entitled to reasonable remuneration. By paying this remuneration, the Client acquires no rights to these works; rather, unexecuted concepts, designs, and other documents must be returned to the Contractor immediately.

  8. Payment

    1. The Client is obliged to pay all invoices in full and on time.
    2. The invoice will be issued after project completion or monthly for the services rendered up to that point and is payable within 14 days of receipt without deductions. This also applies to the re-invoicing of all cash expenses and other expenditures. Delivered goods remain the property of the Contractor until full payment is made.
    3. In the event of payment default, the Contractor may demand default interest of 9 percentage points above the base interest rate of the European Central Bank per annum for business-related legal transactions, and 5 percentage points above the base interest rate of the European Central Bank per annum for legal transactions involving a consumer. Furthermore, the Client agrees to reimburse the Contractor for any reminder and collection costs incurred, as far as they are necessary for appropriate legal action. The assertion of further rights and claims remains unaffected.
    4. In the event of the Client’s payment default, the Contractor may declare all services and partial services rendered under other contracts concluded with the Client immediately due. Furthermore, the Contractor is not obliged to provide further services until the outstanding amount is settled. The obligation to pay remains unaffected.
    5. If payment in installments has been agreed upon, the Contractor reserves the right, in the event of late payment of partial amounts or ancillary claims, to demand immediate payment of the entire outstanding debt.
    6. The Client is not entitled to offset their own claims against claims of the Contractor unless the Client’s claim has been acknowledged in writing by the Contractor or has been established by a court. A right of retention by the Client is excluded.

  9. Ownership Rights and Copyright

    1. The acquisition of usage and exploitation rights to the Contractor’s services requires in any case the full payment of the fees charged by the Contractor for this purpose.
    2. By paying the fee, the Client only acquires the right to use the work for the agreed purpose and within the agreed scope of use. Unless otherwise agreed, only simple usage rights are granted in case of doubt. Any transfer or partial transfer of usage rights requires the prior written consent of the Contractor.
    3. For the use of the Contractor’s services that goes beyond the originally agreed scope of use (temporal, spatial, and content-related), the written consent of the Contractor is required, regardless of whether this service is protected by copyright. The Contractor is entitled to a separate usage fee for this.
    4. Changes or modifications to the Contractor’s services, particularly their further development by the Client or by third parties working for the Client, are only permitted with the express written consent of the Contractor. The copyright according to § 38/1 Urh.G. for all services rendered lies with the Contractor.
    5. The Contractor is not obliged to provide computer files (source data) to the Client. If the Client wishes to obtain such files, this must be agreed upon separately and compensated. Typical design styles (e.g., fonts) or individual graphic elements (e.g., photos or graphic elements) will inevitably be used repeatedly for project processing, so the Client does not acquire any rights to these even after acquiring a usage right.
    6. The Client is liable to the Contractor for any unlawful use in double the amount of the fee appropriate for such use. Any partial imitation of a legally protected work is prohibited.
    7. Any content provided by the Contractor as part of their services is protected by copyright. The use and payment for the services by the Client do not result in the transfer of intellectual property rights.

  10. Concept Protection

    1. The potential Client acknowledges that the Contractor incurs significant preliminary costs in the event of concept development before the conclusion of the main contract, even though the Client has not yet assumed any performance obligations. The concept is protected under copyright law in its linguistic and graphic parts, as far as they reach the level of a work. The use and modification of these parts without the Contractor’s consent is not permitted for the potential Client based on copyright law.
    2. The concept may also contain ideas that do not reach the level of a work and thus do not enjoy the protection of copyright law. Ideas in the sense of this agreement are particularly keywords, texts, graphics, and illustrations, etc., even if they do not reach the level of a work. Those elements of the concept that are not generic and give the marketing strategy its characteristic imprint are protected. The potential Client agrees to refrain from economically exploiting or allowing the exploitation of these creative ideas presented by the Contractor within the concept outside the corrective of a later concluding main contract.

  11. Attribution

    1. The Contractor is entitled to use the work created in fulfillment of the contract for self-promotion in all media.
    2. The Contractor is entitled (subject to the written revocation by the Client) to refer to their work for the Client in all media (e.g., using the company name and logo on the website), without the Client having any claim to remuneration for this. The Client has the right to object in writing to such use at any time.
    3. The Contractor must be named in public presentations of their services, as long as such naming is not completely unusual in the industry.

  12. Early Termination

    1. The Contractor is entitled to terminate the contract for important reasons with immediate effect. An important reason exists in particular if

      • the execution of the service becomes impossible for reasons attributable to the Client or is further delayed despite the setting of a grace period of 14 days
      • the Client continues to violate essential obligations under this contract, such as payment of an overdue amount or cooperation obligations, despite written warning with a grace period of 14 days
      • there are concerns regarding the Client’s creditworthiness and the Client does not make advance payments upon request by the Contractor.

    2. The Client is entitled to terminate the contract for important reasons without setting a grace period. An important reason exists in particular if the Contractor continues to violate essential provisions of this contract despite written warning.

  13. Warranty

    1. The Client must report any defects immediately, but in any case within 7 days after the service has been provided by the Contractor, and hidden defects within 7 days after they have been discovered, in writing and describing the defect - otherwise, the service is deemed approved. Claims for defects regarding artistic design are excluded.
    2. In the case of justified and timely defect complaints, the Client is only entitled to improvement or replacement of the service by the Contractor.
    3. In the case of justified defect complaints, the defects will be remedied within a reasonable period, whereby the Client must enable the Contractor to take all necessary measures for investigation and remedying the defects. The Contractor is entitled to refuse to improve the service if this is impossible or involves an unreasonable amount of effort for the Contractor.
    4. The reversal of the burden of proof according to § 924 ABGB to the detriment of the Contractor is excluded. The Client must prove the existence of the defect at the time of handover, the time of detection of the defect, and the timeliness of the defect complaint.
    5. It is also the Client’s responsibility to verify the legality of the service, particularly regarding competition, trademark, copyright, and administrative law. The Contractor is only obliged to conduct a rough check of the legal permissibility. The Contractor is not liable for the legal permissibility of content if it has been specified or approved by the Client in the case of slight negligence or after fulfilling any warning duty towards the Client.

  14. Liability

    1. No liability is assumed for the information in the Contractor’s offers.
    2. The Contractor is not liable for errors in texts, images, and media if these have been checked and approved by the Client or if the Client has been given the opportunity to check them, even if they did not use this opportunity.
    3. The Contractor rejects any liability and warranty that may arise in connection with the provision of their services to the Client, provided it concerns slight or medium negligence.
    4. The Contractor is liable under the statutory provisions only for damages that are intentionally or grossly negligently caused to the Client, but only up to the amount of the invoice or offer sum. The burden of proof for gross negligence lies with the injured party. Liability for consequential damages and indirect damages is excluded in any case.
    5. Claims for damages by the Client are excluded unless they are based on intent or gross negligence of the Contractor. Any claim for damages can only be asserted within 6 months from the knowledge of the damage.
    6. Any liability of the Contractor for claims arising from advertising measures (the use of a trademark) against the Client is expressly excluded. In particular, the Contractor is not liable for litigation costs, the Client’s own attorney fees, or costs of judgment publications, as well as for any claims for damages or similar claims from third parties.
    7. Any liability of the Contractor for claims arising from the services provided by the Contractor against the Client is expressly excluded if the Contractor has fulfilled their duty to warn or if such a duty was not recognizable for them, whereby slight negligence does not harm. In particular, the Contractor is not liable for costs, claims, or other claims from third parties. The Client must indemnify the Contractor in this regard.

  15. Data Protection and Confidentiality

    1. The Client agrees that their personal data (in particular name, company, profession, date of birth, business address, telephone number, email address, bank details, as well as company registration and VAT number) will be collected, stored, and processed automatically for the purpose of fulfilling the contract and customer support, for sending offers, and for the purpose of indicating the existing or previous business relationship with the Client.
    2. The contracting parties hereby undertake to treat all information they obtain directly or indirectly in the course of the project confidentially. Confidential treatment means that the information received may not be made accessible to third parties and may not be economically exploited for their own purposes or for those of third parties. The contracting parties undertake to use the received information exclusively for the contractually specified purpose. Any further use or transfer to third parties requires the written consent of the information provider.

  16. Place of Fulfillment and Jurisdiction

    1. The contract and all derived mutual rights and obligations as well as claims between the Contractor and the Client are subject to Austrian law, excluding international reference norms.
    2. The place of fulfillment is the registered office of the Contractor. The competent court for all legal disputes arising between the Contractor and the Client in connection with this contractual relationship is agreed to be the court competent for the registered office of the Contractor.
    3. Should individual provisions of these GTC be ineffective, this does not affect the validity of the remaining provisions and the contracts concluded on their basis. The ineffective provision shall be replaced by a valid one that comes closest to the meaning and purpose.
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