general terms and conditions (agb)
Last Updated: February 16th, 2025
The following General Terms and Conditions (AGB) apply to all services provided by Peter Moraldo (Peter Auer-Grumbach), operating as a filmmaker, photographer and musician, through the website www.petermoraldo.com or by direct agreement. By commissioning services or using this website, you agree to these terms and conditions.
1. Scope of Application
1.1 These AGB apply to all contracts, services, and products offered by Peter Moraldo (Peter Auer-Grumbach), unless otherwise explicitly agreed upon in writing.
1.2 Deviating terms and conditions from the client will not be accepted unless expressly confirmed in writing by Peter Moraldo (Peter Auer-Grumbach).
1.3 These terms are binding for both business-to-business (B2B) and business-to-consumer (B2C) transactions.
2. Services
2.1 Filmmaking, Photography, and Music Services:
The services include, but are not limited to, filmmaking (e.g., video production, editing), photography (e.g., photo shoots, retouching), and music-related services (e.g., composition, performance). Specific service details are outlined in individual agreements.
2.2 The scope of services, deadlines, and deliverables will be defined in a separate agreement, such as a written offer, invoice, or contract.
2.3 Minor deviations in the final product (e.g., creative choices in editing or artistic style) do not constitute defects and are part of the creative process.
3. Offers and Contract Conclusion
3.1 All offers provided by Peter Moraldo are non-binding and subject to change unless expressly stated otherwise.
3.2 A contract is deemed concluded when the client accepts the offer in writing (e.g., via email).
3.3 Any changes or additional services requested after the contract is concluded must be agreed upon in writing and may result in additional costs.
4. Prices and Payment Terms
4.1 All prices are in Euros (€) and, in addition to the prices announced, there will be an additional sales tax (Umsatzsteuer) of 20% added to the final invoice.
4.2 Payment is due within 14 days of the invoice date, unless otherwise agreed upon.
4.3 For larger projects, partial payments or deposits may be required. Details will be specified in the offer or invoice.
4.4 In case of late payment, default interest of 4% annually (for consumers) or 9.2% above the base interest rate (for businesses) will be charged in accordance with Austrian law.
5. Cancellation and Withdrawal
5.1 Clients may cancel the contract in writing up to 7 days before the scheduled service date without incurring fees.
5.2 For cancellations within 7 days of the scheduled date, a cancellation fee of 50% of the agreed service fee will apply.
5.3 For cancellations on the day of the service or no-shows, 100% of the agreed service fee will be charged.
Right of Withdrawal for Consumers (B2C):
5.4 Consumers (within the EU) have the right to withdraw from a contract concluded online or via email within 14 days without providing a reason. To exercise this right, clients must notify Peter Moraldo (Peter Auer-Grumbach) in writing.
5.5 If services begin during the withdrawal period (with the client’s consent), the right of withdrawal no longer applies once the service is fully delivered.
6. Copyright and Usage Rights
6.1 All content created by Peter Moraldo (e.g., films, photos, music) is protected by copyright law.
6.2 Unless otherwise agreed in writing, Peter Moraldo (Peter Auer-Grumbach) retains all copyrights and usage rights to the created works. The client receives a non-transferable, non-exclusive usage license for the agreed purposes (e.g., private or commercial use).
6.3 Modifications, reproduction, or distribution of the works by the client without prior written consent are prohibited.
6.4 Credit Requirement: For public or commercial use of the works, the client is required to credit Peter Moraldo appropriately (e.g., “Photo/Video by Peter Moraldo”).
7. Liability
7.1 Liability for Services: Peter Moraldo (Peter Auer-Grumbach) will provide services with the utmost care and professionalism but cannot guarantee specific outcomes (e.g., artistic interpretation).
7.2 Exclusions: Peter Moraldo (Peter Auer-Grumbach) is not liable for delays or defects caused by external factors (e.g., weather, equipment failure, or third-party services).
7.3 Client Responsibility: The client is responsible for providing accurate information and ensuring access to necessary locations, equipment, or resources for service delivery.
7.4 Liability for damages is limited to cases of gross negligence or intent.
8. Data Protection
8.1 Personal data collected during inquiries or contracts will be processed in accordance with the Privacy Policy (link to Privacy Policy) and applicable GDPR regulations.
8.2 Data will only be shared with third parties when necessary for fulfilling contractual obligations (e.g., printing labs, delivery services).
9. Final Provisions
9.1 Governing Law: These AGB are subject to Austrian law. The place of jurisdiction is Vienna, unless mandatory consumer protection laws specify otherwise.
9.2 Severability Clause: If any provision of these terms is found to be invalid, the remaining provisions remain in effect.
9.3 Written Form: Changes or additions to these AGB must be made in writing.
If you have any questions about these terms, feel free to contact me directly. Thank you for trusting me with your creative projects!