Terms & Conditions

1. Scope & contracting party

These Terms & Conditions apply to all photo, video and web productions and related services provided by NKLS Multimedia e.U., owner Nikolas Backknecht, Unterer Mitterweg 10, 3495 Rohrendorf bei Krems (“NKLS”). They apply to consumers within the meaning of the Austrian Consumer Protection Act (KSchG) and to entrepreneurs within the meaning of the Austrian Business Code (UGB), unless expressly stated otherwise.

Deviating, conflicting or supplementary terms of the customer do not become part of the contract unless NKLS expressly agrees to them in writing. Individual agreements take precedence over these terms.

2. Offer, conclusion of contract & deposit

An inquiry via the contact or booking form is non-binding and does not yet constitute a contract. Offers by NKLS are without obligation and valid for 14 days. The contract is concluded upon written order confirmation or counter-signature of the offer (including by email). The booked date is firmly reserved only once the agreed deposit - 30 % of the order value unless stated otherwise in the offer or contract - has been received by NKLS. The deposit is credited against the fee; if the customer withdraws from the contract, it is treated as forfeit money within the meaning of § 909 ABGB, is credited against any cancellation fee and is subject to judicial mitigation (§ 7 KSchG). Unless otherwise agreed, the balance is due after performance of the service within 14 days of invoicing without deduction.

3. Right of withdrawal for consumers (FAGG) — withdrawal instructions

If the customer is a consumer within the meaning of the KSchG and the contract is concluded exclusively by means of distance communication (e.g. email) or off-premises, the following applies: the customer may withdraw from the contract within 14 days of its conclusion without giving reasons (§ 11 FAGG). Withdrawal must be declared by an unambiguous statement to NKLS Multimedia e.U., owner Nikolas Backknecht, Unterer Mitterweg 10, 3495 Rohrendorf bei Krems, email [email protected]; the model withdrawal form below may be used but is not mandatory. Sending the declaration before the period expires suffices to meet the deadline. In the event of withdrawal, NKLS will refund all payments received without delay and no later than 14 days after receipt of the declaration, using the same means of payment.

Early commencement of performance: if the customer expressly requests — for off-premises contracts on a durable medium (§ 10 FAGG) — that NKLS begin performance before the withdrawal period expires (e.g. binding date reservation, planning, preliminary consultation), the customer must, in the event of a later withdrawal, pay a proportionate amount for the services rendered up to that point (§ 16 FAGG). The right of withdrawal lapses early once the service has been performed in full, provided the customer expressly consented to the early commencement and confirmed thereby losing the right of withdrawal (§ 18(1)(1) FAGG). After expiry or lapse of the right of withdrawal, the cancellation terms in section 4 apply.

You can complete the model withdrawal form pursuant to Annex I Part B FAGG directly here and then save it as a PDF, print it or send it by email to [email protected]:

4. Cancellation & rescheduling

A one-time rescheduling to a new available date is free of charge up to 30 days before the agreed date; the deposit is transferred to the new date. If the customer withdraws from the order for a reason not attributable to NKLS, NKLS is entitled pursuant to § 1168(1) ABGB to the agreed fee less what NKLS saves as a result of the work not being performed or acquires — or deliberately fails to acquire — through other use of its working capacity. For simplicity, the following lump-sum compensation applies, which reflects the expenses typically not saved and at the same time caps the claim (upper limit, no minimum amount): up to 90 days before the date, the deposit paid; 89 to 30 days before the date, at most 40 % of the order value; 29 to 8 days before the date, at most 65 %; thereafter or in case of no-show, at most 85 % of the order value. Greater savings by NKLS reduce the compensation accordingly; payments already made are credited. The customer remains entitled to prove that NKLS suffered no or lesser damage. On request, NKLS will inform the customer of the reasons for the amount claimed and the crediting of saved expenses (§ 27a KSchG). The agreed compensation is subject to judicial mitigation (§ 1336(2) ABGB, § 7 KSchG). Any right of withdrawal under the FAGG (section 3) remains unaffected. In cases of force majeure (e.g. official event bans, serious illness) an alternative solution is sought amicably.

5. Customer’s cooperation

The customer ensures that NKLS receives timely access to the shooting locations and that necessary permissions (e.g. property rights, filming permits, church consent for religious occasions) are in place. For drone footage the customer provides the local prerequisites where possible; the aviation permit and operation rest with NKLS. Delays or additional effort resulting from a lack of cooperation are not borne by NKLS.

6. Scope, delivery & artistic execution

Scope, number of edited shots and delivery times follow the booked package or individual offer. Selection, editing, cut and creative execution are at the artistic discretion of NKLS in the customary style; there is no claim to the release of unedited RAW/original files. The artistic discretion and the exclusion of raw-file release do not limit the statutory warranty for actual defects of the delivered work. Drone and outdoor shots are subject to weather, visibility and permits and, if cancelled for such reasons, are re-shot free of charge where possible or partially credited. Delivered data is kept securely for at least 6 months from delivery; thereafter there is no entitlement to renewed provision and the data is deleted in accordance with data protection law (Art. 5(1)(e) GDPR). Customers are advised to back up the delivered files promptly themselves.

7. Usage & copyright

Copyright in all works remains with NKLS under the Austrian Copyright Act (UrhG). All usage rights of the customer arise only upon full payment of the agreed fee. Private clients receive an unlimited, non-exclusive right of use for private purposes. Business clients receive the commercial usage rights defined in the offer. Passing works to third parties for commercial purposes, reselling and distorting modifications are not permitted without a separate written agreement.

Selected works from the assignment are used for NKLS's self-promotion (in particular portfolio, website, social media channels, competitions) only on the basis of the customer's separate, voluntary consent (e.g. a checkbox in the contract), respecting the legitimate interests of the persons depicted (§ 78 UrhG). Consent is not a condition of the contract and may be revoked at any time, in whole or for individual images, with effect for the future (Art. 6(1)(a), Art. 7 GDPR); published items will then be removed within a reasonable period where technically possible. A complete exclusion of publication can be agreed individually.

8. Data protection & right to one’s own image

The processing of personal data is governed by the privacy policy. The customer ensures that the necessary consents of depicted persons are in place and indemnifies NKLS against third-party claims arising from missing consent attributable to the customer (§ 78 UrhG, right to one’s own image).

9. Warranty & liability

The statutory warranty provisions apply (§§ 922 et seq. ABGB, mandatory towards consumers pursuant to § 9 KSchG). NKLS is liable without limitation for intent and gross negligence. For property damage caused by slight negligence, NKLS is liable only in the event of a breach of essential contractual obligations, limited in amount to the typical, foreseeable damage; towards entrepreneurs, liability for slight negligence is additionally limited to the order value. Liability for personal injury and under the Product Liability Act remains unaffected in any case. In the event of equipment failure or data loss due to technical defects, NKLS will endeavour to repeat the service free of charge where possible; otherwise the above principles apply. Mandatory consumer claims (KSchG) remain unaffected.

For the photographic and videographic services as contract work, the warranty provisions of the ABGB (§§ 922 et seq.) and, towards consumers, the KSchG apply. Where physical products are additionally delivered (in particular albums, prints, storage media, wall art), the mandatory provisions of the Austrian Consumer Warranty Act (VGG) apply towards consumers: a warranty period of two years from handover, a subsequent three-month limitation period and a reversal of the burden of proof in the consumer's favour for the first year. These rights are not limited by these terms.

10. Prices & payment

Unless expressly stated otherwise, all prices are in euros and are final prices. NKLS operates as a small business under § 6(1)(27) Austrian VAT Act; no VAT is shown and no VAT is charged (gross = net). In case of default, consumers are charged default interest of 4 % per year (§ 1000(1), § 1333 ABGB); entrepreneurs are charged default interest of 9.2 percentage points above the base rate (§ 456 UGB) plus a lump sum of 40 euros for collection costs (§ 458 UGB). In addition, the necessary costs of appropriate reminder and collection measures are charged insofar as they are proportionate to the claim (§ 1333(2) ABGB).

11. Final provisions & jurisdiction

Should individual provisions of these terms be invalid, the validity of the remaining provisions remains unaffected; the invalid provision is replaced by a permissible rule closest to its economic purpose. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the referral rules of private international law. For consumers the statutory place of jurisdiction applies. For entrepreneurs the competent court at the seat of NKLS in Krems an der Donau is agreed as the place of jurisdiction.