Imprint & Terms and Conditions

Terms of Service,
Status: 07/01/2019
§1 General provisions and applicability of the terms and conditions
The present contract is a work contract between the contractor and the client
that the delivery of the photos or a cut video (depending on the order) within a defined period of time was concluded
includes.
Contracts are concluded exclusively on the basis of these terms and conditions, unless a separate individual contractual provision has been made
met. These general terms and conditions are subject to any terms and conditions of the client or the
Mittlers forward. Videos are treated like pictures in this contract.
§2 Subject matter and formation of the contract
A contract is made when the customer signs an order form or sends a declaration by email
and with countersignature or order confirmation by the contractor. The form of confirmation can
in writing, by fax or email.
§3 General information on delivery
(1) The photographic works (hereinafter referred to as pictures) or videos are generally updated electronically
delivered by the contractor technically possible resolution.
(2) The delivery is deemed to have been made with the provision of the access data.
(3) With the transfer of the access data for the online system, responsibility for the images and videos and the
the personal rights linked to the images / videos (e.g. right to one’s own image) to the client.
(4) Immediately after delivery of the data, the order is deemed to have been performed and is entitled to invoice.
(5) Any shipping costs will be billed separately and include the costs for packaging and shipping
according to actual expenditure as a reimbursement of costs
§4 copyright provisions
(1) All copyrights and ancillary copyrights of the photo manufacturer (§§ 1, 2, Paragraph 2, 73ff UrhG) are available to the
Contractor too. After paying the agreed fee, the client does not receive the unlimited amount
transferable right to use the delivered images.
(2) The contractor is entitled to change the images and adapt them to their own needs.
Passing on the photographic works for a fee is only possible by means of a separate agreement specified in the order or only
permitted by written consent. The free transfer (especially in the private environment with
Family celebrations, weddings, etc.) are generally permitted.
(3) In the event of a publication, the photo manufacturer is entitled to include the manufacturer’s name (name) or
to request the copyright notice clearly and legibly directly next to the photograph. In the
Publication of photographic works on private homepages, social networks, etc. waives the
Contractor on the manufacturer’s designation. In addition, we are authorized to use the name of the
To be able to name customers on our websites and publications (reference).
(4) In the absence of a separate agreement, the Contractor and any intermediary (Socialized Alpha Internetmarketing GmbH, Hofzeile 3/Top 10, 1190 Vienna) shall be entitled to use the photographic works/videos
for the purposes of your own advertising (in particular Facebook, Instagram, Google+, YouTube your own website
as well as print media) can be used without restriction. This extends to all currently known
Types of use and also includes duplication, distribution, digitization, exhibition, demonstration,
Broadcasting, making available to the public and communication to the public through image / sound / data carriers. The
Recordings may therefore be digital as well as analog in all suitable media (e. B. Online use of any
Art, any print use, TV, cinema, theater, videograms (CD, DVD, etc.), interactive and multimedia use
etc.) and stored in databases, even if they are accessible online. The recordings are allowed
edited or redesigned in compliance with personal rights (e.g. montage, combination with pictures,
Texts or graphics, photo-technical alienation, coloring). The client grants for publication
Advertising purposes of the photographer his express and irrevocable consent and waives the
Assertion of any claims, in particular from the right to your own picture in accordance with § 78 UrhG as well as on
Usage claims acc. § 1041 ABGB. However, the contractor will not use photos of their
can objectively be assumed that they have an adverse effect on the person (s) in the photos
could.
(5) The client can do this in advance (before a binding booking) by simply submitting a
Prohibit declaration by email or in any other form. In this case, the images are just that
Client hand over according to §5 (2) of these terms and conditions deleted and not used for advertising purposes.
(6) The client is obligated to the photographed persons or those persons who are responsible for the event
visit about the circumstance according to §4 Abs. 4 and obtain their consent.
§5 Property Rights, Archiving and Deletion
(1) The right of ownership to the exposed film material (negatives, slides, etc.) is not least due to the
Copyright to the contractor. The generally granted unrestricted right of use is unaffected.
(2) The contractor will delete the recordings after a period of 7 years at the latest, if none
contradict statutory provisions.
(3) In terms of data minimization of the GDPR (General Data Protection Regulation), the client is entitled
to delete the data 3 months after delivery, unless otherwise agreed.
(4) At the express request of the client, the data will be kept and stored longer. A warranty
for the availability of the data or a liability for the non-availability of the data is in any case
locked out.
§6 Third Party Claims
(1) For obtaining any necessary approval for the objects shown (e.g. works by
Fine art, samples and models, brands, photo templates, etc.) or people (e.g. models, guests, etc.)
the client has to take care of it. He holds the contractor harmless in this regard,
in particular with regard to the claims according to §§ 78 UhrG, 1041 ABGB.
(2) The contractor guarantees the consent of authorized persons (authors, depicted persons, etc.), in particular
of models, only in the case of express written approval for the contractual purposes.
§7 Loss and Damage
(1) The contractor shall be liable in the event of loss or damage to recordings made via the contract
from whatever legal title only for intent and gross negligence.
(2) Liability is limited to your own fault. Any liability is on the cost of materials and the cost of free
Repetition of recordings (if and as far as possible) is limited.
(3) The client is not entitled to any further claims; In particular, the contractor is not liable for any travel and accommodation expenses or for third-party costs (models, assistants, make-up artists and other reception staff) or
for lost profit and consequential damage.
§8 Performance and Warranty
(1) The contractor will carefully execute the order placed. He can also do the job in whole or in part
have it carried out by third parties (laboratories, other photographers or external service providers).
(2) The contractor is booked for a certain period of time. This time will be noted accordingly in the offer.
If there are subsequent changes in the course of time (or change in the start or end time), the contractor is responsible
to be informed of this immediately and the new time limit only applies with written confirmation by the
Contractor accepted as binding.
(3) Due to the artistic demands in photography and videography, we are concerned with the type of implementation
of the order free. This applies in particular to the image perception, the selection of the photo models, the location and
the optical technical (photographic) means used. Deviations from earlier deliveries represent as
such is not a defect.
(4) It is the sole responsibility of the client to obtain approval for photos taken by the
Obtain contractors from the venue.
a. Wedding photography: The client ensures that the wedding party, the
Registrars or the pastor as well as the wedding decorations are placed so that the view of
the bride and groom are not restricted. We adhere to the regulations when placing the camera
the church or the venue.
(5) We are not liable for defects that can be traced back to incorrect or imprecise instructions from the client
(§ 1168a ABGB). In any case, we are only liable for intent and gross negligence.
(6) The client bears the risk for all circumstances that are not in the person of the contractor, such as weather conditions
for outdoor shots, timely provision of products and props, failure of models,
Travel disabilities etc.
(7) All complaints must be made in writing within 7 days of delivery at the latest and with all of them presented
Documents take place. After this period has expired, the service is deemed to have been provided in accordance with the order. The warranty period
is three months.
(8) In the event of a defect, the client is only entitled to one improvement claim by the contractor. Is
If an improvement is impossible or if we reject it, the client is entitled to a price reduction
to. We are not liable for insignificant defects.
(9) If the contractor refrains from carrying out the order, for whatever reasons, stands
Unless otherwise agreed, half of the fee plus all actually incurred
Additional costs too. In the case of absolutely necessary date changes (e.g. for reasons of weather conditions) are a dem
Time spent or reserved in vain to pay the corresponding fee and all ancillary costs.
(10) Is it not possible for the contractor to make an agreed appointment due to important reasons (illness, etc.)
To perceive the fulfillment of the order, it is free to the order acc. §8 Abs. 1 to be fulfilled by a third party.
a. If the order cannot be carried out on the agreed date, the client will immediately
after the reason becomes known. A claim for damages in this case counts as
excluded, an alternative date will be made available to the client.
b. Is the order fulfillment an order with a defined, non-repeatable point in time?
the client is entitled to a maximum lump sum compensation of 20% of the agreed fee.
If the contractor informs the client within 7 days of the non-fulfillment of the
Compensation for damages is generally excluded for the planned order. Further claims are available
Client not to; In particular, we are not liable for any travel and accommodation expenses or for
Third-party costs (models, assistants, make-up artists and other recording staff) or for lost
Profit and any consequential damage. However, especially at weddings, we will do everything within our framework
Possible efforts to obtain an appropriate replacement.
(11) The contractor is not liable for any damage caused by force majeure (theft of photographic equipment,
Traffic accident, …). In general, liability is limited in accordance with Section 8 (9b).
(12) The contractor is not liable for missing or impaired photos due to restrictions
the venue, including but not limited to access restrictions or
Flash bans and the like.
(13) The contractor is booked exclusively as a professional photographer. Guests are allowed to take amateur photos
to do as long as the contractor is not hindered in the work (e.g. by staying before or
behind the professional photographer, and none of his arranged poses can be photographed. the contractor
is not responsible for overexposed photos caused by the flash or other photo or lighting
Video cameras have been compromised.
(14) Due to the nature of a wedding or an event and the numerous events typical of it
different locations, we will often see each other throughout the day or for the duration of the assignment
move, change equipment and customize. A contact person on site will be available to the contractor
Provided.
a. For weddings: It is the responsibility of the bride and groom or the “master of ceremonies”
or the contact person on site, the contractor from the next important step, e.g. from
Beginning of the ceremony, the wedding dance, of cutting the wedding cake, of throwing the
Bridal bouquet, etc. to inform. In addition, a selected person of trust should keep an overview
have which photos are desired and the respective guests accordingly
group. The contractor will take photos of the groups concerned, but is not for the
Organization and compilation of these responsible. The contractor will be happy to help
the compilation, but can, due to ignorance of family situations or knows
this often the people do not, only to a limited extent, influence it.
(15) After a full-day booking, the contractor has short breaks for catering and performance
natural needs too. Usually the catering is taken over by the client. The breaks
are carried out if possible and as agreed by the client.
a. In any case, the contractor is free to work continuously for more than 6 hours
a continuous break of 30 minutes, which he will integrate into the process
and will interrupt in the event of unforeseen events.
(16) The contractor is booked on the basis of the technical and artistic expertise and therefore reserves the right to do so
the right to edit the photos at his discretion.
a. The contractor cannot guarantee that all guests present will be photographed.
b. The photographer is responsible for selecting the photos supplied.
§8a Special provisions for the use of the photo box / photo booth
(1) The client must ensure that the event runs properly. With public
For events, security staff must be available. For personal, material and
Financial loss of the contractor caused by vandalism or willful destruction
come, the client assumes full liability.
(2) In the event that technical malfunctions occur during the event, the contractor is only liable for
grossly negligent fault. Should it no longer be possible in the event of gross negligence, our
To continue services properly, the organizer will reduce the amount for the downtime
Receive the invoice amount in relation to the number of hours booked.
(3) The client agrees that all photos taken with the booked photo box are for advertising purposes
may be used. The photos may be used both in print and online. the contractor
however, will not use photos that can be objectively assumed to be representative of the person
/ Could adversely affect people in the photos.
(4) The contractor is not liable in any form for abuse that a participant of the event with the photos of others
Participants could possibly operate.
(5) Naked pictures or pictures with glorification of violence, youth endangerment or discrimination of any kind
strictly prohibited.
(6) The client must provide an area of around 3x3m for the construction of the photo booth. also
the client is responsible for the provision of two tables and for the power supply (220V). The
Photobooth must be set up about 1 hour before the start of the event. The client has for the
to ensure timely and unlimited access to the location.
(7) In the event of unsupervised use of the photo booth, the client is liable for all damage and any
Consequential damage caused by improper use of the photo booth.
(8) A photo box is NOT a children’s toy – the client is therefore liable for all damage and
Consequential damage caused by children!
§9 fees, payment & delivery
(1) In the absence of a separate agreement by submitting an offer and accepting it, the contractor is responsible for his
Services are reasonably remunerated.
(2) Immediately after the order has been placed, the contractor is entitled to invoice a deposit.
In the case of orders that comprise several units, the contractor is entitled, after delivery of each individual service
To put an invoice.
(3) Unless otherwise expressly agreed in writing, the (remaining) fee is
after invoicing due for payment no later than 10 days after invoicing. From the due date
The contractor is entitled to charge reminder fees on the invoice. The current amount of the fee
per reminder is 12 euros incl. VAT
(4) In the event of default, interest and compound interest shall apply in the amount of 5% above the respective bank rate from
Due date as agreed.
(5) The delivery date of the photos or videos is agreed individually with the client.
a. At weddings, the waiting time for the finalized photos is one to four weeks
Wedding date, whereby there is no legal entitlement to it.
b. At weddings, the waiting time for the finalized videos is four to 12 weeks
Wedding date, whereby there is no legal entitlement to it.
§10 final provisions
(1) The place of performance and jurisdiction is Vienna. In the event of a relocation, legal action can be taken at the old and the new company headquarters
to be made pending.
(2) The Product Liability Act (PHG) does not apply; in any case there will be liability for other than personal injury
excluded if the contractual partner is an entrepreneur. Otherwise, Austrian law is applicable, that
also takes precedence over international sales law.
(3) Indemnification and indemnification also include the costs of out-of-court legal defense.
(4) These general terms and conditions do not apply as mandatory provisions of the KSchG
oppose. Partial invalidity of individual provisions (of the contract) does not affect the validity of the rest
Contract terms.
§11 Special provisions for the use of music in videos
(1) We create videos with background music on behalf of the client.
(2) If the use of pieces of music involves copyrighted material, the
Client is responsible for ensuring and obtaining the necessary rights.
(3) If there is a licensing by the contractor in the individual order, the offer agreements or the
Rights specially pointed out. These license terms become part of the contract and the contractor
takes over this in full
§12 Special provisions for the delivery of printed matter
(1) The contractor generally creates printed matter on the basis of his expertise and according to the artist’s perception
on the basis of the information & requests made available by the client.
(2) In principle, a draft is drawn up; any minor changes are made to this draft.
(3) The contractor assumes no liability for the correctness of the texts that are delivered. In particular,
this for the spelling, grammar and punctuation.
(4) After the draft has been approved in writing (e-mail), it will go to print and cannot be changed afterwards
become.
(5) The client thus expressly acknowledges that such a contract concluded in distance selling
Business is not entitled to withdraw as this was specially made to his wishes.
§13 Brokerage activities by Socialized Alpha Internetmarketing GmbH
(1) Insofar as Socialized Alpha Internetmarketing GmbH does not act as a contractor (or offer maker)
your request was processed by Socialized Alpha Internetmarketing GmbH (operator of the website
https://www.itsyourday.at and https://www.viennashots.com).
(2) Your data (in particular offer and photo delivery) will be processed by Socialized Alpha Internetmarketing GmbH
and the contractor is entitled to deliver the photos via the online system of Socialized Alpha Internetmarketing GmbH.
(3) The client agrees to the data transfer (names, address data as well as photos and wedding anniversaries, as well as any
further data) and processing within the scope of order processing to Socialized Alpha Internetmarketing GmbH.
(4) If data is passed on to third parties as part of the brokerage activity, we will expressly use the
Inform data transfer. These data are usually limited to name, address data and general information
Data that are necessary to fulfill the order. These data are provided voluntarily by the client.

1. scope of application

1.1. These terms and conditions govern the contractual relationship between Socialized Alpha Internetmarketing GmbH (hereinafter referred to as the “Client”) and the subcontractor in the field of photography (hereinafter referred to as the “Subcontractor”).

1.2. The subcontractor expressly acknowledges that all agreements and regulations contained in the General Terms and Conditions (GTCs) of Socialized Alpha Internetmarketing GmbH are an integral part of the order. General terms and conditions of the subcontractor are generally not accepted and must be agreed separately in writing.

2. rights of use

2.1. The subcontractor hereby assigns to Socialized Alpha Internetmarketing GmbH all rights of use to the photographic works created within the scope of this order. This includes the unrestricted right to publish, edit, reproduce and distribute the works in any media and formats.

2.2. The rights of use are transferred worldwide and for an unlimited period of time.

3. acceptance of the GTCs

3.1. The subcontractor expressly agrees to accept and comply with the General Terms and Conditions (GTCs) of Socialized Alpha Internetmarketing GmbH.

3.2. Any deviating or supplementary general terms and conditions of the subcontractor shall not apply.

4. liability

4.1. The subcontractor shall be liable for any damage caused by its culpable breach of duty within the scope of this contract.

4.2. Socialized Alpha Internetmarketing GmbH accepts no liability for damage caused by materials or services supplied by the subcontractor.

5. contractual penalty

5.1. Socialized Alpha Internetmarketing GmbH reserves the right to demand an appropriate contractual penalty in the event of breaches of the provisions set out in these terms and conditions, in particular with regard to rights of use and acceptance of the GTCs.

6. final provisions

6.1. Amendments or additions to these terms and conditions must be made in writing.

6.2. Should individual provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions.

6.3. The law of the Republic of Austria shall apply. The place of jurisdiction for all disputes arising from or in connection with this contract is Vienna.