Terms of Service

1. Validity

1.2. Subsidiary agreements, reservations, changes or additions to these terms and conditions must be made in writing to be valid; this also applies to deviations from

Writing requirement.

 1.3. Conditions of the conflicting or deviating from these terms and conditions

Contractual partners will only become effective, even if they are known, if they are expressly recognized in writing by Rielis Media GmbH.

1.4. Should individual provisions of these General Terms and Conditions be ineffective, this does not affect the binding nature of the remaining provisions and the contracts concluded on the basis of them. The ineffective provision is to be replaced by an effective one that comes as close as possible to the purpose.

2. Conclusion of contract

2.1. The basis for the conclusion of the contract is the respective offer from Rielis Media GmbH or the customer’s order, in which the scope of services and remuneration are recorded. Offers from Rielis Media GmbH are subject to change and non-binding.

2.2. If the customer places an order, he is bound to it for two weeks after receipt at Rielis Media GmbH. The contract comes into being when Rielis Media GmbH accepts the order. The acceptance must be made in writing (e.g. by order confirmation), unless Rielis Media GmbH can clearly recognize (e.g. by taking action on the basis of the order) that it accepts the order.

2.3. All prices quoted by Rielis Media GmbH are net amounts.

3. Scope of services and order processing

3.1. The scope of the services to be provided results from the customer’s order or the service description or the information in the contract. Subsequent changes to the service content must be in writing.

3.2. All services of Rielis Media GmbH (especially all preliminary designs, concepts, videos, strategies, PDF videos) are to be checked by the customer and approved within three days. If approval is not given in time, they are considered to be approved by the customer.

3.3. The customer will immediately provide Rielis Media GmbH with all information and documents that are necessary for the provision of the service. He will inform Rielis Media GmbH of all processes that are important for the execution of the order, even if these circumstances only become known during the execution of the order. The customer bears the effort that arises from the fact that work must be repeated or delayed by Rielis Media GmbH as a result of his incorrect, incomplete or subsequently changed information. The customer undertakes to inform Rielis Media GmbH of the correct company pronunciation or the pronunciation of foreign words, abbreviations or other colloquial words, since the released script of the customer is implemented one-to-one by the voice-over artist. The customer also undertakes to inform the speaker of the tonality and emotional state if it has specific wishes or requirements. Without such notification, it cannot be guaranteed that the speakers will implement the desired emotion and tonality. If the customer does not provide the required documents or is in default, he will be given a period of 14 days. After the 14 day period has expired, the order is treated as completed and the invoice is sent. If the outstanding amount is not paid after the first reminder, this case will be handed over to our collection agency „KSV1870“. The demand for the transfer no longer lies with Rielis Media GmbH, but with the „KSV1870“ or the „Collection Service of ARAG SE“.

3.4. The video option chosen by the customer is created with 3 different software. With the help of these software, Rielis Media GmbH uses a pool of over 5000 different graphics and characters. It may happen 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 animated if desired.

This service must be charged separately by Rielis Media GmbH and is not included in the premium version. Should there be additional costs, this will of course be communicated to the customer before illustration and implemented only after approval of the costs.

3.5. The customer is further obliged to check the documents (photos, logos, etc.) made available for the execution of the order for any existing copyrights, trademark rights or other third party rights. Rielis Media is not liable for any violation of such rights. If claims are made against Rielis Media for such an infringement, the customer shall indemnify and hold harmless to Rielis Media GmbH; he has to compensate Rielis Media GmbH for all disadvantages that arise through the use of third parties.

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

3.7. The client undertakes to adhere to the project period with the best will. Since each project team has limited capacities and these capacities are blocked if the project is not announced or is delayed, there is both a financial loss and a high administrative effort for Rielis Media GmbH.

If the customer does not adhere to the agreed period, Rielis Media GmbH 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 charged to the customer at an hourly rate of 140 euros. After the project has been completed, revisions are only possible at an additional cost. The revision period is a maximum of 14 days. In the course of a revision, only graphical changes are possible. After script approval, the voice over cannot be changed in the course of a revision, but only at an additional cost of 140 euros per 50 words. After the third revision of the customer, the customer undertakes to incorporate the desired changes to the script himself and to send it to Rielis Media GmbH within the agreed project period.

3.8. Unless otherwise stipulated in the contract or pre-contract, the final product (video) will be mp4. File delivered. Other types of delivery must be communicated in advance and charged separately.

3.9 Correction loops: As can be seen on the start page, the premium version includes a correction loop and the manual version 2 correction loops. After the script and storyboard have been coordinated and released, the correction loops relate to purely graphical corrections. Story changes after script approval are only possible for an additional charge. Correction loops of the voice overs or sound design are also excluded. In the case of image films, the correction loops are defined project-specifically in the offer. Correction loops of the image film are exclusively post-production (editing & animation). If the client wishes a new day of shooting, this day of shooting + arrival would have to be offered again and charged.

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

4. External services / commissioning third parties

4.1. Rielis Media GmbH is entitled, at its own discretion, to carry out the service itself, to use third parties to provide contractual services and / or to substitute such services.

4.2. The procurement of assistants takes place either in their own name

or on behalf of the customer, but in any case for the account of the customer.

 4.3. Rielis Media GmbH will carefully select assistants and ensure that they have the necessary professional qualifications.

5. Appointments

5.1. Deadline and appointment agreements are to be recorded or confirmed in writing. Rielis Media GmbH endeavors to meet the agreed dates. Failure to meet the deadlines does not entitle the customer to assert his statutory rights until he has granted Rielis Media GmbH a reasonable grace period of at least 14 days. This period begins with the receipt of a reminder to Rielis Media GmbH.

5.2. After the grace period has expired to no avail, the customer can withdraw from the contract. An obligation to pay compensation from the title of the delay only exists in the event of intent or gross negligence on the part of Rielis Media GmbH.

5.3. Inevitable or unpredictable events – in particular delays in the case of contractors from Rielis Media GmbH – release Rielis Media GmbH from compliance with the agreed delivery date. The same applies if the customer is in arrears with the obligations necessary for the execution of the order (e.g. provision of documents or information). In this case, the agreed

Appointment postponed at least to the extent of the delay.

6. Withdrawal from the contract

Rielis Media GmbH is particularly 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 setting a grace period, and if there are justified concerns about the customer’s creditworthiness and, at the request of Rielis Media GmbH, neither makes advance payments nor provides suitable security before Rielis Media GmbH performs.

Rielis Media GmbH can refuse to accept an order without giving reasons.

7. Fee

7.1. Unless otherwise agreed, Rielis Media GmbH is entitled to a fee for each individual service as soon as it has been rendered. Rielis Media GmbH is entitled to request advances to cover its expenses.

7.2. All services of Rielis Media GmbH that are not expressly covered by the agreed fee will be remunerated separately. All cash expenses incurred by Rielis Media GmbH are to be replaced by the customer.

7.3. Cost estimates from Rielis Media GmbH are generally non-binding. If it is foreseeable that the actual costs that Rielis Media GmbH estimates in writing will exceed 15%, Rielis Media GmbH will notify the customer of the higher costs. The cost exceeding is considered approved by the customer if the customer does not object in writing within three days of this notice and at the same time announces cheaper alternatives.

7.4. Work commissioned and carried out will be invoiced no later than 6 months after the order has been placed, regardless of the completion of the entire order.

7.5. Rielis Media GmbH deserves reasonable remuneration for all work done by Rielis Media GmbH which, for whatever reason, is not carried out by the customer. By paying this remuneration, the customer does not acquire any rights in this work. Concepts, drafts and other documents that have not been carried out must be returned to Rielis Media GmbH immediately.

7.6. Work, templates and other documents are dispatched at the risk and expense.

7.7. Products that are not accepted within the 30-day test phase cannot be offset against the offer price. This leads to additional costs.

8. Property right and copyright protection

8.1. All of the agency’s services, including those from presentations (e.g. suggestions, ideas, sketches, preliminary designs, scribbles, final drawings, concepts, negatives, slides, storyboards, etc.), including individual parts thereof, remain the property of the agency, as are the individual workpieces and design originals and can be requested back by the agency at any time – especially when the contractual relationship ends. By paying the fee, the customer only acquires the right of use (including reproduction) for the agreed purpose and within the agreed scope of use. Unless otherwise agreed with the agency, the customer may only use the agency’s services himself, exclusively for the duration of the agency contract, unless otherwise agreed in writing. In any case, the acquisition of rights of use and exploitation of the agency’s services requires full payment of the fees charged by the agency.

8.2. Changes to the agency’s services, such as their further development by the customer or by third parties working for the agency, are only permitted with the express consent of the agency and – insofar as the services are protected by copyright – the author.

8.3. The agency’s consent is required for the use of agency services that go beyond the originally agreed purpose and scope of use, regardless of whether this service is protected by copyright. The agency and the author are entitled to a separate, appropriate remuneration.

8.4. For the use of agency services or advertising material for which the agency has developed conceptual or design templates, the agency agreement after the expiration of the contractual relationship or the usage rights, regardless of whether this service is protected by copyright or not, is also the consent of the agency necessary.

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

8.6. For this, the agency is entitled to the full amount of the agency fee agreed in the expired contract in the 1st year after the end of the contract. In the 2nd or 3rd year after the contract expires, only half or a quarter of the remuneration agreed in the contract. From the 4th year after the end of the contract, agency fees are no longer payable.

8.7. Within the 30 day trial version, the customer is therefore only entitled to a trial version until final acceptance and thus also payment. Until payment is made, the workpieces are exclusively subject to the agency and may not be used for publication without prior agreement. Commercial use of the voice overs, background music and graphics will be communicated to the customer upon acceptance and only after successful receipt of payment. This applies explicitly to the premium and handmade version. See www.rielismedia.com/ prices.

8.8. The 30 day trial version does not include commercial use of the background music. The background music is licensed to the company Rielis Media GmbH. If the explanatory video is used for commercial purposes, it is the responsibility of the person to be acquired to communicate this to Rielis Media GmbH so that Rielis Media GmbH can acquire and successfully transfer the commercial rights of the background music. Rielis Media GmbH assumes no liability if the acquiring person of the explanatory video uses this + background music for commercial rights. All background music licenses are acquired on the platform: www.audiojungle.net from Rielis Media GmbH. The customer has to inform himself independently about the different forms of the licenses on www.audiojungle.net. If background music is included in the offer, this is always the Standard Music License from www.audiojungle.net. Rielis Media GmbH assumes no liability for legally non-compliant or incorrect use of this music. It is not possible to test the video within the 30-day trial version and then switch from the trial version to the premium version. In this case, both the trial version and the premium version will be charged.

.8.8.1. Any music that appears in the videos (including sound effects) is purchased from Audiojungle.net from Rielis Media GmbH. If no other agreement has been made in writing, the customer undertakes to register and purchase the correct licenses and rights independently with the competent authority. (GEMA, AKM, SUISA etc.) Rielis Media assumes no liability for copyright violations.

8.9. The agency is entitled to show its company name and its logo / logo as a copyright notice. It also has the right to have the products, company names, company logos / logos demonstrated or presented at competitions and festivals. The agency is also entitled to demonstrate or have the products, company names, company logos / logos demonstrated for the purpose of self-promotion; this also applies 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, mobile phones, etc.).

8.10. The commercial use and transfer of rights of the video takes place only after receipt of payment of the total open invoice amount. In the case of installment payments or partial payments, the transfer of rights and the use of commercial rights also only take place after payment of the total open invoice amount. Within the open installments, commercial use on the part of Rielis Media GmbH can be granted to the contractual partner.

9. Place of jurisdiction is Vienna

9.1 Vienna is agreed as the place of fulfillment and jurisdiction for all mutual claims of contractual partners of Rielis Media GmbH.

As of: 01/2020

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