General Terms and Conditions (AGB)
For: saLeh roZati, Status: Visuals Creative / Fine Artist (Neue Selbstständige) Location: Austria
1. Scope and General Provisions
1.1 These General Terms and Conditions (AGB) apply to all artistic services, commissions, and sales of fine art works provided by saLeh roZati (hereinafter “Artist”) to the Client.
1.2 The Artist operates as a “New Self-Employed” individual (Neuer Selbstständiger) or Fine Artist (Freischaffender Künstler). The services provided are legally classified as artistic works (Kunstwerke) and not as commercial trade services.
1.3 Deviating terms and conditions of the Client are not recognized unless explicitly agreed to in writing.
2. Artistic Freedom and Style
2.1 Artistic Freedom: The Client acknowledges that the Artist creates works based on their own artistic style and creative vision. The Artist has full freedom in the design, technical execution, and artistic interpretation of the commission.
2.2 Complaints regarding the artistic style or creative decisions are excluded. If the Client desires specific modifications during the creation process, these must be agreed upon separately and may incur additional costs.
3. Copyright and Usage Rights (Urheberrecht)
3.1 All works created by the Artist (photographs, digital art, prints, concepts) are protected by Austrian Copyright Law (Urheberrechtsgesetz).
3.2 Ownership: The Artist retains full copyright and ownership of the original files/negatives/works at all times.
3.3 Usage License: Upon full payment of the agreed fee, the Client receives a simple (non-exclusive), non-transferable license to use the work for the private or contractually agreed purpose only.
3.4 Restrictions: Unless explicitly agreed otherwise in writing (e.g., a “Commercial Buyout”):
- The Client may not edit, crop, or alter the work.
- The Client may not sell the work or sub-license it to third parties.
- For any publication (e.g., social media), the Client must credit the Artist as: “© saLeh roZati”.
4. Conclusion of Contract and Remuneration
4.1 Offers made by the Artist are subject to change. A contract is concluded upon written confirmation (Email/Signature) or the payment of a deposit.
4.2 Fees: The fee constitutes an honorarium for artistic creation.
4.3 VAT Status: According to § 6 Abs 1 Z 27 UStG (Small Business Regulation), no VAT is charged.
4.4 Payment Terms: Invoices are due within [e.g., 7 or 14] days without deduction. The Artist reserves the right to request a deposit of [e.g., 30-50%] before commencing work.
5. Delivery and Risk
5.1 Deadlines are estimated and non-binding unless expressly agreed as fixed dates. 5.2 For physical goods (e.g., Fine Art Prints), the risk passes to the Client as soon as the work is handed over to the transport company (Post/Courier).
6. Cancellation and Withdrawal
6.1 If the Client cancels a commissioned work prior to completion:
- Up to 7 days before start: No fee (or deposit is retained).
After work has commenced: The Artist is entitled to a cancellation fee covering all hours worked to date plus expenses, but at least [e.g., 50%] of the total agreed fee.
6.2 The Artist reserves the right to withdraw from the contract due to force majeure (illness, accident, equipment failure). In such cases, any payments made will be refunded, but no further damages can be claimed.
7. Retention of Title (Eigentumsvorbehalt)
7.1 Physical works (Prints, Artwork) and usage rights remain the property of the Artist until full payment has been received.
8. Liability
8.1 The Artist is liable only for intent and gross negligence. Liability for slight negligence is excluded, except for personal injury. 8.2 The Artist is not liable for data loss after the delivery of digital files. The Client is responsible for backing up delivered data.
9. Data Protection
9.1 The Client agrees that their personal data (Name, Address, Email) may be stored and processed for the purpose of contract fulfillment in accordance with the GDPR (DSGVO).
10. Place of Jurisdiction and Applicable Law
10.1 Austrian law applies exclusively.
10.2 The place of jurisdiction for all disputes is the competent court in Vienna, Austria.