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.

NKLS is entitled to engage suitably qualified vicarious agents or subcontractors (e.g. a second photographer, an editor, a print lab) to perform the service. In such cases NKLS remains the customer's sole contracting party and is liable for their fault as for its own.

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 deposit stated in the offer or contract has been received by NKLS; its amount is set out in the respective offer or contract both as a figure and as a percentage of the order value, and is typically between 20 % and 40 %. The deposit is an advance payment on the fee and is credited against it; in itself it does not entitle the customer to release themselves from the contract by forfeiting it. If the customer withdraws from the contract, the consequences are governed by section 4; the deposit paid is credited against any compensation. 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 studio@nkls-media.at; 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 studio@nkls-media.at:

4. Cancellation & rescheduling

The scale below applies to assignments with a long-term reserved date (in particular weddings and other productions planned well in advance). For assignments arranged at shorter notice (in particular portrait and other shoots) as well as for assignments from entrepreneurs, the correspondingly shorter periods set out in the respective offer or contract apply; the arrangement agreed in the individual contract always prevails. 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. In this context: NKLS saves only a small share of its expenses when a booking is cancelled, because a reserved date – particularly on Saturdays and in peak season – can regularly no longer be filled at short notice, ongoing fixed costs (equipment, insurance, software, data storage) accrue regardless of performance, and planning and reservation work has already been carried out; saved expenses are therefore essentially limited to travel costs. On this basis, 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 45 % of the order value; 29 to 8 days before the date, at most 65 %; from 7 days before up to the day preceding the date, at most 85 %; on the day of performance itself or in the case of a no-show without prior cancellation, at most 90 % of the order value. Demonstrable third-party costs already incurred (in particular fees committed to second photographers or editors, booked accommodation and travel, permit fees) are reimbursed in addition, insofar as they could not be cancelled despite reasonable efforts. 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, consent from the responsible authority at specially protected locations) are in place. For drone footage the customer provides the local prerequisites where possible; the aviation permit and operation rest with NKLS. This includes in particular property rights and the consent of the person entitled to dispose of the premises, filming and photography permits at public or protected locations, the consent of tenants or owners, and rights in depicted works and trademarks. If required permissions are not in place on the day and the service therefore cannot be performed, cannot be performed in full or is delayed, this does not constitute a defect in the service of NKLS; the claim to remuneration remains in accordance with § 1168(1) ABGB. Delays or additional effort resulting from a lack of cooperation are not borne by NKLS and are charged in accordance with section 6.

6. Scope, delivery, acceptance & additional work

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 release of individual raw files may be agreed separately against an additional fee; there is no obligation to do so. 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.

Acceptance & complaints: after the finished material has been made available, the customer shall review it and notify any complaints as promptly as possible, ideally within 14 days of provision, in text form. If no complaint is made within this period and the customer makes use of the material, the work is deemed accepted and the fee becomes due. Statutory warranty rights remain unaffected by this deemed acceptance and are not lost by the lapse of the period. If the customer is an entrepreneur within the meaning of the UGB, they shall inspect the delivered results for apparent defects within a reasonable period after provision and notify any such defects without delay in text form; obvious defects should generally be notified within 10 working days of provision, hidden defects without delay upon discovery. Statutory duties of inspection and notification, in particular under §§ 377 et seq. UGB, remain unaffected insofar as they are applicable to the respective subject matter. Towards consumers there are no contractual duties of inspection or notification whose omission would exclude or limit statutory warranty rights. NKLS remedies justified defects within a reasonable period by rectification.

Additional services & extra work: requests going beyond the agreed scope (in particular extending on-site attendance, additional subjects, locations or editing rounds) are remunerated separately. If the assignment extends beyond the agreed working time at the customer's request or for reasons within the customer's sphere, each commenced half hour is charged at the hourly rate stated in the offer, pro rata for the half hour; NKLS points out the additional effort on site and charging requires the customer's consent. Additional effort originating in the sphere of NKLS is not charged. Post-delivery editing requests are charged on a time basis; remedying actual defects under the warranty remains free of charge.

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 & retention of title

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) ABGB). Entrepreneurs are charged, where the delay is attributable to the debtor, default interest of 9.2 percentage points above the applicable base rate (§ 456 UGB) plus the statutory lump sum of 40 euros for collection costs (§ 458 UGB); where the debtor is not responsible for the delay, the rate under § 1000(1) ABGB applies. Any further necessary and appropriate collection costs are charged to the extent permitted by law, insofar as they are proportionate to the claim (§ 1333(2) ABGB).

Retention of title: physical products delivered (in particular albums, prints, wall art, storage media) remain the property of NKLS until the corresponding fee has been paid in full. Until then the customer shall store the goods subject to retention of title with due care. Asserting the retention of title constitutes withdrawal from the contract only if such withdrawal is expressly declared. Irrespective of this, all usage rights in the works arise only upon full payment in accordance with section 7.

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.