brandmood GmbH, Pass Thurn Strasse 26, 6372 Oberndorf
Version as of: January 2024
brandmood GmbH, hereinafter shortly referred to as brandmood, concludes contracts exclusively on the basis of the following General Terms and Conditions. Any terms and conditions to the contrary are expressly rejected and will not be recognized by brandmood. When contractual partners place their orders, the terms and conditions of brandmood shall be deemed to have been accepted by them.
Contract conclusion & scope of services
In principle, any contracts between brandmood and the customer will only become legally effective with the express acceptance by brandmood. Offers are subject to change. The scope of the contractual performance obligation will depend exclusively on brandmood’s performance specification and/or the information in the contract confirmation. Any ancillary agreements changing the scope of the contractual services shall require an express written confirmation to be effective. Changes or deviations of individual contractual services from the agreed content of the contract which become necessary after conclusion of the contract, shall be permitted, provided that the changes or deviations are not significant and will not affect the overall scope of the agreed contractual services. The taxes, charges, duties and copyrights fees (AKM [authors, composers and music publishers], artists’ social insurance, withholding tax etc.) arising from the performance of the event shall be borne by the customer.
Rights of use and retention of title
Unless otherwise agreed in writing – all rights of use of the creative services shall remain with brandmood. Unless otherwise agreed, brandmood will only transfer a one-time usage authorization. Any usages beyond the agreed scope of use shall require the consent of brandmood. The contractual partner will not be entitled to use such – in any form – beyond the agreed scope of services. The contractual partner shall, in particular, not be entitled to resell or pass on the creative services of brandmood. brandmood retains ownership of all other deliveries and services until full payment has been made. brandmood has the sole right of exploitation of its designs, concepts, ideas, presentation documents, offers, etc. It will only transfer the rights of use to these copyrights to the extent that is contractually agreed. The works, drafts, concepts, ideas, presentation documents, offers, etc. created by brandmood may in any case only be used for the customers’ own interests or for those of third parties with the express consent of brandmood and against an appropriate additional compensation.
All personal data provided to brandmood for handling the event are protected against misuse. Further processing of the data shall be carried out by brandmood in a manner compatible with the purpose of fulfilling the contract and for the purpose of direct marketing in forms that do not require consent, such as the addressed dispatch of advertisements by post. Any and all data is subject to the agreed or legal obligation to secrecy and the protection of personal data. Data of the customer will only be passed on in accordance with the law or in consultation with the customer, apart from transfers to recipients typical in the business, such as banks, tax advisors, lawyers. The customer’s data shall be stored for the purpose of documentation and fulfillment of legal obligations up to a maximum of thirty years after completion of the orders. The customer has the right to object to the processing of their personal data for the purpose of direct marketing. In the event of an objection, your personal data will no longer be processed for the purpose of direct marketing. The customer or their employees who are data subjects have the right to access, rectification and erasure of their personal data, the right to restrict data processing, the right to data portability and the right to lodge a complaint with the data protection authority (Austrian Data Protection Authority, Barichgasse 40 - 42, 1030 Vienna, phone: +43 1 52 152-0, E-mail: email@example.com)
brandmood’s services must be inspected by the contractual partner immediately after delivery or completion, and any defects found must be promptly reported to brandmood in detail and in written form.
brandmood is obliged to a diligent preparation and careful selection and monitoring of service providers according to the due diligence obligations of a proper entrepreneur. To the extent that brandmood is entitled to claims for damages against third parties in connection with the execution of the contract, the agency shall also assign such claims to the customer, provided that the latter accepts the assignment of such future claims. In this case, the customer shall have no further claims against brandmood. The customer shall be entitled to assert such claims at their own expense. brandmood will offer the customer to take out a liability insurance for the event, if possible, with a sufficient cover for such event. In any event, the cost of such insurance will be charged to the customer.
External influencing factors such as e.g. power outages, interruptions to internet connections, damage caused by environmental influences, or force majeure are excluded from liability. This applies, in particular, to external streaming services such as AWS, Vimeo, Youtube, Facebook and other freely selectable providers/endpoints which can be streamed using SRT or RTMP.
The compensation for the services of brandmood is generally based on the current price list (see Appendix). All prices are net prices, not including VAT. Third parties will exclusively be engaged in the name and on the account of brandmood. In such case, brandmood shall not be obliged to account for the services rendered by third parties on its behalf or to present invoices of the person engaged by them. An “Open Book” agreement can only be concluded if this was demanded in writing as a condition in the first briefing by the customer. brandmood is entitled to charge the customer a handling fee of 15% for all services of third parties. Services not included in the offer and which are carried out at the request of the customer as well as any additional expenses which are due to incorrect information provided by the customer, due to unattributable transport delays or due to delayed or improperly executed preliminary services of third parties, insofar as they are no vicarious agents of brandmood, will be additionally invoiced to the customer in accordance with brandmood’s prevailing compensation rates.
brandmood shall be entitled to invoice each individual service immediately after its provision. Invoice amounts will be due for payment within 7 days of receipt of the invoice, unless otherwise agreed. In addition, brandmood shall be entitled to claim advance payments to cover its expenses as follows: 40% of the agreed fee at the conclusion of the contract, 40% of the agreed fee up to 14 days before the first day of the event, and the remainder of the price upon receipt of a complete invoice. Deductions of any kind shall not be allowed.
If, after having placed the order, a written cancelation is submitted up to 4 months before the date of the event, 50% of the total price will fall due. If, after having placed the order, a written cancelation is submitted from 4 months to 14 days before the event, 80% of the total price will fall due. If, after having placed the order, a written cancellation is submitted within 14 days before the event, 100% of the total price will fall due. Any cancelation provisions of third parties will not be subject to brandmood’s content control. Any invalidity included in terms and conditions or in cancelation conditions of third-party providers will have no influence on the validity of the Terms and Conditions of brandmood. Any cancelation due to force majeure, pandemic events, officially ordered bans on events or any changes in the underlying basis of the contract shall be at the expense of the customer.
If individual provisions of these General Terms and Conditions become invalid, the remaining provisions shall remain in full force and effect.
Place of jurisdiction
The application of Austrian law is agreed, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The court having factual and local jurisdiction for Oberndorf in Tyrol, Austria, shall be the place of jurisdiction.
Terms and Conditions of brandmood – January 2024