Terms of Service

1. Scope and Applicability

Auric Film is a sole proprietorship (Einzelunternehmen) operated by Noah Alexander Kari, registered as a small business (Kleinunternehmer pursuant to § 6 Austrian VAT Act, "UStG"), not entered in the Austrian Commercial Register (Firmenbuch). These Terms of Service ("Terms") govern all contracts concluded by Auric Film, whether service agreements, sales, or other agreements, and become effective upon commissioning of a project. Deviating agreements are only valid if made in writing.

2. Copyright and Usage Rights

All copyrights and related rights in the created works (pursuant to the Austrian Copyright Act, §§ 1, 2 para. 2, 73 ff. UrhG) remain with the videographer/filmmaker (Auric Film). Usage rights (publication rights, etc.) apply as expressly agreed in writing in the offer or contract. Unless otherwise agreed, a simple, non-transferable license is deemed agreed; this generally applies to commercial/advertising commissions.

For personal recordings (weddings, family events, etc.), usage rights are shared between Auric Film and the client as specified in the offer. If not otherwise specified, the client holds only a single-use right for a single purpose (e.g. print run) and has no right to ongoing promotional use.

Resale of raw footage or edited videos by the client is not permitted unless agreed in writing beforehand. Any alteration of the delivered media requires the written consent of Auric Film, except where the alteration is necessary for the contractually intended purpose already known to Auric Film. The granted usage license only takes effect once full payment of the agreed recording and usage fee has been received.

3. Archiving and Delivery

Auric Film archives recordings, without legal obligation to do so, for up to one month after project completion. No claims arise from loss or damage during this period, unless caused by intent or gross negligence. Longer-term archiving can be arranged annually for a flat fee.

Delivery of media may occur via USB drive, digital transfer, or external hard drive. Auric Film accepts no liability for the condition, performance, or security of storage media.

4. Third-Party Claims

The client is responsible for obtaining any necessary consent for depicted objects (e.g. artworks, designs, trademarks) or persons (e.g. models, guests). The client indemnifies and holds harmless Auric Film against any related claims, in particular under § 78 of the Austrian Copyright Act and § 1041 of the Austrian Civil Code, as well as under the GDPR (e.g. for wedding videos or event recordings featuring identifiable individuals), unless Auric Film expressly and in writing assumed responsibility for such consent.

5. Loss and Damage of Props/Equipment

Clients providing props or products for a production are strongly advised to carry appropriate insurance, particularly for valuable items. No further claims are owed to the client; Auric Film is in particular not liable for travel and accommodation expenses or third-party costs (models, assistants, make-up artists, and other production personnel) unless agreed in writing in advance.

6. Performance and Warranty

Auric Film carries out commissions with due care. Unless otherwise agreed in writing beforehand, Auric Film may engage third parties (subcontractors, freelancers) for the execution of a commission, in particular for post-production work. Deviation in quality or style from previous projects does not constitute a defect.

No liability is assumed for defects resulting from incorrect or imprecise instructions from the client. Auric Film is liable only for intent and gross negligence. The client bears the risk for circumstances outside Auric Film's negligence, such as weather conditions, timely provision of products/props, unavailability of models, or travel disruptions. Shipments travel at the client's cost and risk.

Any complaints must be submitted in writing within 8 days of delivery, together with all relevant documentation. After this period, the service is deemed to have been properly rendered. The warranty period is 3 months. In case of a defect, the client is only entitled to a right of remedy by Auric Film; if remedy is impossible or refused, the client is entitled to a price reduction.

7. Fees

Absent an express written agreement, Auric Film's fee is determined by its then-current price list or a reasonable market rate. The fee is also due for layout or presentation recordings, or where use of the material does not occur or depends on a third party's decision; no price reduction applies in such cases.

Material and other costs for recordings are itemized in the offer and apply as agreed in writing. Additional costs arising from the client's express request (extra travel, additional make-up artists, etc.) are billed separately. Non-contractual changes requested afterward (graphic design services, extended consulting, additional video editing, etc.) must be separately negotiated and are not included in the original scope of the offer.

If the client withdraws from confirmed video-related services without good cause, Auric Film is entitled, absent further agreement, to at least half of the total contract value. Fees are stated exclusive of VAT; as Auric Film operates as a small business (Kleinunternehmer) under § 6 UStG, no VAT is charged.

8. Licensing Fees

Unless expressly agreed otherwise in writing in the offer, any publication of recordings created by Auric Film is subject to the statutory licensing fee or a reasonable usage fee as deemed agreed. Publication fees are stated exclusive of VAT, in line with Auric Film's small business status.

9. Payment

Absent other express written agreement, a deposit of 25% of the estimated total invoice amount is due upon commissioning. Unless otherwise agreed in writing, the remaining fee is due immediately in cash upon invoicing. If a payment term is agreed, invoices are due within 8 days of the invoice date. Invoices are payable without deduction and free of charges.

In case of remittance (bank transfer, etc.), payment is deemed made only once Auric Film has been notified of receipt. The risk of postal transmission of legal filings (claims, enforcement applications) lies with the client. If the client refuses acceptance due to alleged defective performance, or asserts warranty claims, the fee nevertheless remains due, absent legitimate objections.

For commissions comprising multiple units, Auric Film is entitled to invoice after delivery of each individual service. Reminder fees, default interest, and costs of extrajudicial legal intervention are borne by the client. Delivered images/media transfer to the client's ownership only upon full payment. Costs for printed materials (canvas frames, brochures, etc.) are not included unless agreed in writing; such items may be produced through third parties, and Auric Film accepts no liability for their condition.

10. Final Provisions

Place of performance and jurisdiction is the business seat of Auric Film (Fuschl am See, Salzburg, Austria). The Austrian Product Liability Act (PHG) does not apply; liability for damages other than personal injury is excluded where the client is a business (Unternehmer). Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Indemnification obligations include costs of extrajudicial legal defense. These Terms do not apply insofar as mandatory provisions of the Austrian Consumer Protection Act (KSchG) conflict with them. The partial invalidity of individual provisions does not affect the validity of the remaining provisions.

11. Contact

Auric Film · Noah Alexander Kari · Kreuzbichlstraße 5, 5330 Fuschl am See, Salzburg, Austria. Questions regarding these terms can be sent to office@auric-film.com.