Language
Terms of Service
1. Scope of Application
These Terms and Conditions (“T&C”) apply to all services, offers, contracts, and deliveries provided by Twobase OG, having its registered office in Klagenfurt am Wörthersee, Austria (“Contractor”), to its business customers (“Client”). These T&C apply exclusively to business-to-business (B2B) relationships. Consumer protection laws shall not apply. Any deviating, conflicting, or supplementary terms of the Client shall only become part of the contract if expressly agreed to in writing by the Contractor. Individual agreements shall take precedence over these T&C.
2. Contract Formation
A contract is concluded upon:
- written acceptance of a written offer (including acceptance by email), and/or
- execution of a written contract signed by both parties.
Offers are binding for 14 days unless stated otherwise.
3. Services
The Contractor provides creative and technical services including, but not limited to:
- motion design
- animation
- video editing
- post-production
- concept development
- related creative services
The specific scope of services shall be defined in the respective offer or contract. The Contractor does not guarantee any specific commercial, marketing, or financial success resulting from the delivered work.
4. Project Execution & Revisions
Unless otherwise agreed in writing:
- The Client is entitled to three (3) rounds of revisions.
- Revisions include reasonable adjustments such as color, brightness, effects, titles, and similar modifications.
- Additional revisions or changes shall be billed at EUR 50 per hour.
Requests that materially deviate from the originally agreed concept, or that occur after concept approval, shall constitute a change request and may result in additional fees and timeline adjustments. Delays in providing revision feedback by the Client shall result in a corresponding delay of final delivery.
5. Delivery & Acceptance
The Contractor shall deliver the agreed deliverables by the agreed delivery date.
If the Client changes the final delivery date for any reason, the Contractor may charge additional costs.
Delivered files consist exclusively of final exported files as agreed.
Project files, raw footage, source files, templates, software, hardware, and internal assets remain the exclusive property of the Contractor and are not included, unless expressly agreed in writing.
Acceptance shall be deemed granted if:
- the Client confirms acceptance in writing, or
- no objections are raised within 7 days of delivery.
6. Fees & Payment Terms
Unless otherwise agreed:
- 50% of the total project fee is payable as a non-refundable deposit prior to commencement.
- The remaining 50% is due upon delivery of the final files.
Invoices are payable within 14 days of receipt. All prices are stated in EUR, exclusive of VAT, unless stated otherwise.
7. Intellectual Property Rights
All intellectual property rights remain with the Contractor until full payment of all outstanding amounts.
Upon full payment, the Client is granted a non-transferable right of use for the agreed purpose, territory, and duration, unless otherwise agreed in writing. Any further use, modification, sublicensing, or transfer requires prior written consent.
8. Portfolio & Self-Promotion
The Contractor is entitled to use the delivered work, including the Client’s name and logo, for portfolio, website, social media, presentations, and award submissions unless the Client explicitly objects in writing. Such objection must be made no later than the final delivery of the project.
9. Third-Party Materials & Licenses
The Contractor may use third-party materials such as stock footage, music, fonts, or images (e.g. Artlist, Audiio, Pixabay). Third-party licenses apply only within the scope of the agreed project and do not grant unlimited or transferable usage rights. The Contractor does not assume liability for uses beyond the licensed scope.
10. Client Obligations
The Client shall:
- provide all necessary materials, information, and approvals in a timely manner
- ensure that all provided materials are lawful and free of third-party rights
- indemnify the Contractor from any third-party claims arising from Client-provided content
11. Termination
Either party may terminate the contract at any time by written notice.
If the Client terminates the contract:
- a non-refundable cancellation fee of 25% of the total agreed project fee is due immediately, and
- all costs reasonably incurred up to the termination date shall be reimbursed upon proof.
If the Contractor terminates, the Client shall pay for services rendered up to the termination date.
12. Liability
The Contractor shall be liable only for damages caused by intent or gross negligence. Liability for slight negligence, loss of profit, indirect damages, and consequential damages is excluded. The total liability shall be limited to the net order value of the respective project.
13. Confidentiality
Both parties shall treat all confidential information obtained in connection with the contract as strictly confidential.
This obligation shall survive termination of the contractual relationship.
14. Data Protection
The Contractor processes personal data in accordance with the EU General Data Protection Regulation (GDPR).
Where required, a separate Data Processing Agreement (DPA) shall be provided upon request.
15. Governing Law & Jurisdiction
This Agreement shall be governed by the laws of the Republic of Austria, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive jurisdiction shall be the competent court in Klagenfurt am Wörthersee, Austria.
16. Final Provisions
If any provision of these T&C is or becomes invalid, the remaining provisions shall remain unaffected.
Amendments or supplements must be made in writing.
Entire Agreement
These T&C, together with the respective offer and/or Individual Contract, constitute the entire agreement between the parties regarding the Services and supersede all prior or contemporaneous agreements, communications, or representations, whether written or oral.
