General Terms and Conditions (GTC)

– a project of FINK Brot Pixel GmbH –

Kirchgasse 10

5730 Mittersill

Austria

As of: January 2026

For the purposes of these General Terms and Conditions, the contracting party is FINK Brot Pixel GmbH, Fasangartengasse 1, 1130 Vienna, Austria (hereinafter referred to as the “Contractor”).

These GTCs apply to all contracts for photographic services concluded under the project name 'Pinzgau Fotografie'.

The services are generally aimed at entrepreneurs within the meaning of the Austrian Commercial Code (UGB). If contracts are concluded with consumers within the meaning of the Consumer Protection Act (KSchG) in individual cases, the mandatory consumer protection provisions shall apply in addition. Otherwise, these GTC remain applicable.

Any deviating or supplementary terms and conditions of the client shall only apply if they have been expressly accepted in writing by the Contractor. Silence shall not be deemed consent.

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The contractor provides photographic services, particularly in the following areas:

The scope of services (type of photographs, location, duration, image style, delivery scope, rights of use) is specified in the offer or written agreement.

Any services not expressly agreed upon, particularly additional image processing, extended rights of use, express services or reorders, are not part of the contract and shall be remunerated separately.

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The client undertakes to provide all necessary information, content, access and approvals for the execution of the order in a timely manner.

In particular, the client shall ensure that:

If the necessary cooperation is not provided, the contractor is entitled to suspend work. Any delays and additional costs incurred as a result shall be borne by the client.

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Photo appointments are binding.

Cancellations or postponements must be communicated immediately. Unless otherwise agreed, the following cancellation conditions apply:

Free termination of the contract is excluded in the event of illness, unforeseeable events or force majeure (e.g. acute illness, extreme weather or official orders).

In these cases, priority will be given to agreeing a replacement date within a reasonable timeframe. Any payments already made will be credited to the replacement date.

If no alternative date can be agreed for reasons beyond the control of either party, any expenses already incurred by the contractor shall be reimbursed separately.

Failure to appear without timely notification shall not be considered force majeure and shall not entitle the client to free postponement of the appointment.

If the contractor is unable to carry out the photo shoot for important reasons (e.g. illness, accident or force majeure), an alternative date will also be arranged. Payments already made will be credited towards this date.

The client cannot claim further compensation, particularly for consequential costs, lost profits or third-party expenses, unless permitted by law. In such cases, the contractor's liability is limited to intent and gross negligence.

In case of doubt, the contractor is entitled to demand suitable proof of the impediment's existence.

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The photographs will be delivered digitally in the agreed format.

The work shall be deemed accepted if the client does not report any significant defects in writing within 10 days of delivery. Minor deviations from subjective ideas or stylistic expectations do not constitute a defect.

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All prices are in euros, excluding statutory sales tax.

Unless otherwise agreed:

In the event of late payment, statutory default interest and reminder fees will be charged.

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The contractor retains the copyright of all photographs created.

Unless otherwise agreed, the client shall receive non-exclusive, simple rights of use for the agreed purpose (e.g. website, corporate communications, presentations) upon full payment.

Transfer to third parties, editing, or use beyond the agreed scope is only permitted with the written consent of the contractor.

Granting exclusive usage rights (buy-out) requires a separate written agreement and is subject to additional remuneration.

Exclusive usage rights mean that:

Unless otherwise agreed, the contractor is entitled to use the photographs for their own advertising purposes (e.g. website, portfolio, presentations and social media). Objections may be made in writing at any time.

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The contractor may use qualified vicarious agents to fulfil the order, provided this is necessary for its execution.

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The contractor is only liable for damages caused by intent or gross negligence.

Liability for indirect or consequential damages or loss of profits is excluded to the extent permitted by law.

The contractor assumes no liability for the legality of the content, consents or intended use specified by the client.

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Both parties undertake to comply with the applicable data protection regulations.

Personal data will be processed exclusively within the framework of the legal requirements. Photographs of identifiable individuals will only be used within the agreed scope.

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Austrian law applies, with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction is Vienna, to the extent permitted by law.

If any of the provisions in these General Terms and Conditions are or become invalid, the validity of the remaining provisions shall remain unaffected.