General Terms and Conditions of 80seconds e.U.
Triester Straße 16-20/3/33, 2334 Vösendorf
As of: September 2025
§1 Scope and Contractual Basis
(1) These General Terms and Conditions (GTC) apply to all contracts for services in the areas of video production, animation, and online marketing between 80seconds e.U., Triester Straße 16–20/3/33, 2334 Vösendorf, Austria (hereinafter “Agency”), and its customers (hereinafter “Customer”).
(2) These GTC apply exclusively to contracts with entrepreneurs within the meaning of the Austrian Consumer Protection Act (KSchG). Contracts with consumers are excluded.
(3) Deviating, conflicting, or supplementary conditions of the Customer shall only become part of the contract if the Agency expressly agrees to their validity in writing.
(4) These GTC also apply to all future contracts and business relationships with the Customer, without the need for renewed explicit inclusion.
§2 Conclusion of Contract and Scope of Services
(1) The Agency’s offers are non-binding and without obligation. They constitute an invitation for the Customer to submit an offer.
(2) A contract is concluded only upon written acceptance of the Customer’s offer by the Agency or upon the provision of services. The written form also includes e-mails with digital or scanned signatures.
(3) The specific scope of services and performance deadlines are set out in the Agency’s written offer.
(4) Oral side agreements, additions, or amendments to the contract are only valid if confirmed in writing by the Agency.
(5) The Agency does not owe any specific economic success, in particular no guaranteed reach, clicks, or conversion rates.
§3 Performance of Services and Customer’s Duty to Cooperate
(1) The Agency performs its services within agreed deadlines. Deadlines shall be extended appropriately in the event of delays caused by insufficient cooperation of the Customer, as well as unforeseeable events beyond the Agency’s control (force majeure). Force majeure includes, in particular, natural disasters, pandemics, war, governmental orders, or technical failures of third-party providers.
(2) The Agency may engage subcontractors to fulfill the contract. No contractual relationship is established between the Customer and the subcontractors.
(3) The Customer is obliged to provide all information and data required for the performance of services within 14 days. If these are not provided on time, the Agency is entitled to continue performance at its own discretion.
(4) Delivered services must be reviewed and approved by the Customer within seven business days. If no written feedback is received within this period, the services shall be deemed approved.
(5) Services of the Agency may not be transferred without prior written consent.
(6) The Agency is entitled to use the Customer and the respective project as a reference for self-promotion. For this purpose, the Customer grants the Agency the non-exclusive, unlimited right to use the Customer’s name, logo, and project description in media, on the website, in social media, and in sales materials, until the Customer withdraws such consent.
(7) The Customer guarantees that all materials provided by him (e.g. texts, images, videos) are free of third-party rights and do not violate applicable laws. The Customer shall fully indemnify and hold the Agency harmless from any third-party claims arising from the use of such materials.
(8) For each production phase (e.g. script, storyboard, animation), the Customer is entitled to up to three feedback or revision rounds included in the agreed price. Further changes or additional revisions will be billed separately based on actual effort.
§4 Prices and Payment Terms
(1) All prices are net plus statutory VAT.
(2) The Agency is entitled to invoice up to 100% of the agreed fee upon order placement, but at least 50% of the contract value as an advance payment.
(3) Invoices are due immediately and without deduction.
(4) External costs (e.g. taxes, license fees, third-party services) will be billed separately and notified to the Customer in advance.
(5) In case of the Customer’s payment default, default interest of 9.2% above the base rate shall apply. In addition, the Customer is obliged to reimburse all necessary and reasonable costs of extrajudicial debt collection, in particular the costs of a collection agency or lawyer.
(6) If the Customer withdraws from the contract before the start of performance, the Agency is entitled to a cancellation fee of 50% of the contract value. If the withdrawal occurs after the start of production, the cancellation fee amounts to 100% of the contract value.
§5 Copyright and Usage Rights
(1) Upon full payment of the agreed fee, the Agency grants the Customer exclusive, unlimited usage rights (in terms of territory, time, and content) to the final contractual works (e.g. video, animation, design).
(2) All other rights, in particular rights to raw materials, concepts, scripts, working files, drafts, templates, internal know-how, and other working materials used in creating the works, remain with the Agency. The Customer is not permitted to make these available to third parties or to use them himself, unless separately agreed in writing. This excludes the final contractual works themselves and their specific content, such as the final script.
(3) The Customer is obliged to appropriately credit the Agency as the author in public mentions. A breach of this obligation entitles the Agency to compensation in the amount of 100% of the contract value, without prejudice to the assertion of further damages.
(4) Until full payment is received, all rights to the created works remain with the Agency.
§6 Warranty and Liability
(1) The Agency is liable only for intent or gross negligence with respect to property and financial damages. Liability for slight negligence is excluded, except in the case of breach of essential contractual obligations, or injury to life, body, or health.
(2) For property and financial damages caused by slight negligence in the breach of essential contractual obligations, the Agency’s liability is limited to the amount of the respective contract value, but not exceeding €10,000.
(3) The Agency is not liable for damages resulting from content, materials, or information provided by the Customer.
§7 Confidentiality
(1) Both parties undertake to treat all information designated as confidential, which becomes known in the course of the business relationship, as strictly confidential.
(2) This confidentiality obligation continues to apply after the end of the contractual relationship.
§8 Data Protection
(1) Both parties undertake to comply with the GDPR, the Austrian Data Protection Act (DSG), and all applicable data protection laws.
(2) The Agency processes the Customer’s personal data only within the scope of the contract. Details of data processing can be found in the Agency’s privacy policy at https://80seconds.io/data-privacy/.
(3) The Customer ensures that he has taken all necessary data protection measures to enable data processing by the Agency.
§9 Final Provisions
(1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of jurisdiction for all disputes arising from the contractual relationship is the registered office of the Agency, provided that the Customer is an entrepreneur.
(3) Should any provision of these GTC be invalid or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by one that comes closest to the economic purpose of the invalid provision. The same applies to contractual gaps.
(4) Before resorting to ordinary courts, both parties agree to initiate either a mediation or arbitration procedure under the rules of VIAC (Vienna International Arbitral Centre) in Vienna for disputes arising out of or in connection with this contract. The costs of the procedure shall be shared equally by the parties, unless otherwise agreed. Only if the procedure fails or is terminated may the case be brought before the ordinary courts.