1. Validity

1.2 Collateral agreements, reservations, amendments or supplements to these GTC must be made in writing in order to be valid; this also applies to any deviation from the written form requirement.

1.3 Terms and conditions of the contractual partner that conflict with or deviate from these
shall only become effective if they are expressly recognized in writing by Rielis Media.

1.4 Should individual provisions of these GTC be invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and purpose of the invalid provision.

2. Conclusion of contract

2.1 Within the meaning of the General Terms and Conditions, the Customer places an order with Rielis Media. The contract between Rielis Media and the Customer shall be concluded in writing – either as a written order, as an order placed by e-mail, by WhatsApp confirmation or as an SMS confirmation.

2.2 The conclusion of a contract is legally binding and can be canceled within 5 working days after signing. If the questionnaire has already been submitted by the customer and work on the script has already begun, cancellation is no longer possible and the entire explanatory video must be paid for.

2.3 Any terms and conditions of the customer shall not be accepted, even if known, unless expressly agreed otherwise in writing in individual cases.

3. Scope of services and order processing

3.1 The scope of the services to be provided shall be determined by the customer’s order or the service description or the information in the contract. Subsequent changes to the scope of services must be made in writing.

3.2 All services provided by Rielis Media (in particular all preliminary drafts, concepts, videos, strategies, PDF videos) must be checked by the customer and approved within three days. If they are not approved in good time, they shall be deemed to have been approved by the customer. Rielis Media also reserves the right to issue interim partial invoices if the project period is delayed.

3.3 The Customer shall immediately provide Rielis Media with all information and documents required for the provision of the service. It shall inform Rielis Media of all events that are of significance for the execution of the order, even if these circumstances only become known during the execution of the order. The Customer shall bear the costs incurred as a result of work having to be repeated or delayed by Rielis Media as a result of incorrect, incomplete or subsequently amended information provided by the Customer. The Customer undertakes to inform Rielis Media of the correct company pronunciation or the pronunciation of foreign words, abbreviations or other colloquialisms, as the Customer’s approved script shall be implemented one-to-one by the Voice Over Artist. The customer also undertakes to inform the voice artist of the speaker’s tonality and emotional state, if this has specific wishes or requirements. Without such notification, it cannot be guaranteed that the voice artist will realize the desired emotion and tonality. 14 days will be given if the customer does not provide the requested documents or is in default. After the 14-day period has expired, the order will be treated as completed and the invoice will be sent. If the outstanding amount is not paid after the first reminder, this case will be passed on to our debt collection agency “KSV1870”.

3.4 The video option selected by the customer is created using 3 different software programs. With the help of this software, Rielis Media uses a pool of over 5000 different graphics and characters. It is possible that character requests or individual graphics are not included in the software used. If this is the case, these graphics or characters would have to be illustrated separately and, if desired, animated.
This service must be charged separately by Rielis Media and is not included in the Premium version. If there are additional costs, the customer will of course be informed before illustration and only implemented after approval of the costs.
3.5 The customer shall also be obliged to check the documents provided for the execution of the order (photos, logos, etc.) for any existing copyrights, trademark rights or other third-party rights. Rielis Media shall not be liable for any infringement of such rights. If a claim is made against Rielis Media due to such an infringement of rights, the Customer shall indemnify and hold Rielis Media harmless; the Customer shall compensate Rielis Media for all disadvantages incurred as a result of a claim by a third party.

3.6 Order processing includes the delivery of printable PDF documents after any corrections have been made by the customer, but no delivery of raw data (open data) from Rielis Media. Rielis Media reserves the right to delete data from its database once the order has been processed.

3.7 The client undertakes to comply with the project period to the best of its ability. Since every project team has limited capacities and these capacities are blocked if the project is not reported or delayed, this results in both a financial loss and a high administrative expense for Rielis Media.

If the customer does not adhere to the agreed period, Rielis Media will of course inform the customer in good time that the agreed period is coming to an end. If this period is exceeded and not adhered to, any additional costs will be passed on to the customer at a daily rate of 140 euros per day exceeded. After project completion, revisions are only possible for an additional charge. The revision period is a maximum of 14 days. Only graphical changes are possible in the course of a revision. After script approval, the voice over cannot be changed in the course of a revision, but only for an additional charge of 140 euros per 50 words. After the customer’s third revision, the customer undertakes to incorporate the desired changes to the script himself and to send them to Rielis Media within the agreed project period.

3.8 Unless otherwise contractually or pre-contractually agreed, the final product (video) shall be delivered as an mp4. file. Other types of delivery must be communicated in advance and invoiced separately.

3.9 Correction loops: As can be seen on the start page, the premium version includes one correction loop and the handmade version 2 correction loops. After the script and storyboard have been agreed and approved, the correction loops refer to purely graphic corrections. Story changes after script approval are only possible for an additional charge. Correction loops for the voice-over or sound design are also excluded. For image films, the correction loops are defined on a project-specific basis in the offer. Correction loops for image films relate exclusively to post-production (editing & animation). If the client requests a new shooting day, this shooting day + travel time must be offered and charged again.

3.10. Place of jurisdiction – Vienna is agreed as the place of performance and jurisdiction for all reciprocal claims of contractual partners of Rielis Media.

4. External services / commissioning of third parties

4.1 Rielis Media shall be entitled, at its own discretion, to perform the service itself, to make use of third parties in the provision of contractual services and/or to substitute such services.

4.2 The commissioning of vicarious agents shall take place either in the customer’s own name
or in the name of the customer, but in any case for the account of the customer.

4.3 Rielis Media shall select agents carefully and ensure that they have the necessary professional qualifications.

5. Deadlines

5.1 Agreements on deadlines and dates shall be recorded or confirmed in writing. Rielis Media shall endeavor to meet the agreed deadlines. However, failure to meet the deadlines shall only entitle the Customer to assert the rights to which it is legally entitled if it has granted Rielis Media a reasonable grace period of at least 14 days. This period shall commence upon receipt of a reminder letter to Rielis Media.

5.2 The customer may withdraw from the contract if the grace period expires without result. Rielis Media shall only be obliged to pay compensation on the grounds of default in the event of intent or gross negligence on the part of Rielis Media.

5.3 Unavoidable or unforeseeable events – in particular delays by Rielis Media’s contractors – shall in any case release Rielis Media from compliance with the agreed delivery date. The same shall apply if the Customer is in default with its obligations necessary for the execution of the order (e.g. provision of documents or information). In this case, the agreed date shall be postponed at least to the extent of the delay.

6. Withdrawal from the contract

Rielis Media shall in particular be entitled to withdraw from the contract if the performance of the service is impossible for reasons for which the customer is responsible or is further delayed despite the setting of a grace period, as well as if there are justified concerns regarding the creditworthiness of the customer and the customer neither makes advance payments at the request of Rielis Media nor provides suitable security prior to performance by Rielis Media.

Rielis Media may refuse to accept an order without giving reasons.

7. Fee

7.1 Unless otherwise agreed, Rielis Media shall be entitled to a fee for each individual service as soon as it has been provided. Rielis Media shall be
shall be entitled to demand advance payments to cover its expenses.

7.2 All services provided by Rielis Media that are not expressly covered by the agreed fee shall be remunerated separately. All cash expenses incurred by Rielis Media shall be reimbursed by the customer.

7.3 Cost estimates from Rielis Media shall not be binding. If it is foreseeable that the actual costs will exceed those estimated by Rielis Media in writing by more than 15%, Rielis Media shall inform the Customer of the higher costs. The cost overrun shall be deemed to have been approved by the Customer if the Customer does not object in writing within three days of this notification and at the same time provides more cost-effective alternatives.
at the same time.

7.4 Work commissioned and carried out shall be invoiced no later than 6 months after the order is placed, irrespective of the completion of the overall order.

7.5 Rielis Media shall be entitled to appropriate remuneration for all work carried out by Rielis Media which – for whatever reason – is not completed by the Customer. By paying this remuneration, the Customer shall not acquire any rights to this work. Concepts, drafts and other documents that have not been executed shall be returned to Rielis Media without delay.

7.6 The dispatch of works, templates and other documents shall be at the customer’s risk and expense.

8. Property rights and copyright protection

8.1 All services created for or by Rielis Media, including those from presentations (e.g. suggestions, ideas, sketches, preliminary drafts, scribbles, final artwork, concepts, negatives, slides, storyboards, etc.), including individual parts thereof, shall remain the property of the Agency, as shall the individual workpieces and design originals, and may be reclaimed by the Agency at any time – in particular upon termination of the contractual relationship. By paying the fee, the client only acquires the right of use (including reproduction) for the agreed purpose and to the agreed extent of use. Unless otherwise agreed with the Agency, the Client may only use the Agency’s services itself, exclusively for the duration of the Agency contract, unless otherwise agreed in writing. The acquisition of rights of use and exploitation of the Agency’s services shall in any case require full payment of the fees invoiced by the Agency.

8.2 Changes to the Agency’s services, in particular their further development by the Client or by third parties working for the Client, shall only be permitted with the express consent of the Agency and – insofar as the services are protected by copyright – of the author.

8.3 The Agency’s consent shall be required for the use of the Agency’s services beyond the originally agreed purpose and scope of use, irrespective of whether these services are protected by copyright. The Agency and the author shall be entitled to separate appropriate remuneration for this.

8.4 The Agency’s consent shall also be required for the use of the Agency’s services or advertising material for which the Agency has developed conceptual or design templates after the expiry of the contractual relationship or the rights of use under the Agency Agreement, irrespective of whether this service is protected by copyright or not.

8.5 The master files of all data (sound, image) are held by Rielis Media and are only available against buyout.

8.6 In return, the agency shall be entitled to the full agency fee agreed in the expired contract in the first year after the end of the contract. In the 2nd or 3rd year after expiry of the contract, only half or a quarter of the remuneration agreed in the contract. From the 4th year after the end of the contract, no more agency remuneration shall be payable.

8.7. The agency shall be entitled to use external agencies or freelancers in return for a fee or contract for work. All intellectual property shall be automatically transferred to Rielis Media once the work has been completed and the fee has been paid. The commissioned external agency or external freelancer has no claim to it and therefore waives it in its entirety upon acceptance of the project. Publications without consent are therefore prohibited.

8.9. All music used in the videos (including sound effects) is purchased from Audiojungle.net by Rielis Media. If no other agreement has been made in writing, the customer undertakes to independently apply for and acquire the correct licenses and rights from the relevant authorities. (GEMA, AKM, SUISA etc.) Rielis Media accepts no liability for copyright infringements.

8.10. The Agency shall be entitled to display its company name and logo as a copyright notice. Furthermore, it shall have the right to present the products, company names, logos or have them presented at competitions and festivals. The Agency shall also be entitled to show or have shown the products, company names, logos for the purpose of self-promotion; this shall also apply to publications on the Internet, on the Agency’s website or other corresponding analog or digital platforms (so-called new types of exploitation; e.g. for use on computers, cell phones, etc.).

8.11. The commercial use and transfer of rights of the video shall only take place after receipt of payment of the total outstanding invoice amount. In the case of installment or partial payments, the transfer of rights and use of the commercial rights shall also only take place after payment of the total outstanding invoice amount. Rielis Media may grant commercial use to the contractual partner within the outstanding installments.

9. Place of jurisdiction Vienna

9.1 Vienna is agreed as the place of performance and jurisdiction for all reciprocal claims of Rielis Media’s contractual partners.

Status: 06/2023

www.rielismedia.com