Terms of Business
Lumetri Media Solutions LTD · HE 458548 ·
§1 · Scope & incorporation
These terms apply to all contracts between Lumetri Media Solutions LTD (the "Agency") and its clients for video, photography, branding, web-design and marketing services. The version in force at the time the contract is concluded applies. The client's differing terms apply only with the Agency's express written consent. Against consumers, surprising or unclear clauses do not apply and any doubt is resolved in the consumer's favour.
§2 · Quote, scope of work & change requests
The scope of work is defined by the quote or specification. Anything beyond it is a separately commissioned, separately charged "Change Order". The Agency flags the additional effort before carrying it out.
§3 · Revisions
The price includes 2 rounds of revisions per main deliverable. One round is the client's consolidated, written feedback in a single document. Contradictory or piecemeal feedback is not unlimited. Further rounds are billed at 90 EUR/hour (plus VAT) after prior notice.
§4 · Cooperation, feedback & acceptance
The client provides required materials, information and approvals on time and gives consolidated, written feedback per draft within 5 business days. If cooperation is delayed, deadlines shift accordingly and the Agency is not in default to that extent.
B2B If the client does not react within 10 business days, the Agency may send a reminder expressly stating the draft will be treated as approved; if no reaction follows within a further 5 business days, the draft is deemed accepted.
Consumers Deemed acceptance applies only where the Agency has, at the start of the period and separately in text form, expressly informed the consumer what their silence means for the specific draft. Statutory warranty rights remain unaffected.
§5 · Project parking
If required cooperation is missing for more than 20 business days, the Agency may pause the project and, on reactivation, reschedule it per then-current availability. If a pause for reasons within the client's sphere lasts more than 30 calendar days, the Agency may — after at least 7 days' notice — charge a storage fee of 50 EUR/month to cover actually-incurred costs. Consumers pay no more than the actual cost and may prove it was lower.
§6 · Prices, VAT, payment, deposit & milestones
All prices are exclusive of statutory VAT. Cyprus VAT applies (currently 19 %); for business clients in other EU states the reverse-charge mechanism may apply.For cross-border B2B services the reverse-charge mechanism may apply.
A deposit of 50 % is due before production starts. It remunerates the reserved production capacity and work already begun. Where milestones are agreed, each is invoiced when reached; fully-paid milestone deliverables are released unconditionally. The final files and the usage rights in any not-yet-paid deliverables are released once the fees attributable to them have been paid.
§7 · Late payment
B2B On default, interest of 9.2 percentage points above the base rate applies (§ 456 UGB).On default, the statutory commercial default interest applies. Consumers Statutory default interest applies (in Austria 4 % p.a., § 1000 ABGB). After an unsuccessful reminder the Agency may suspend work and withhold files until payment in full.
§8 · Cancellation
If the client cancels for reasons not attributable to the Agency, the Agency's claim to remuneration for work performed and for reserved capacity it cannot otherwise use remains, less expenses saved and other earnings. For transparency the following tiers act as a ceiling (not a flat penalty; deposit and savings are credited):
- Before production / pre-production: 25 %
- Once pre-production has started: 50 %
- On/after shoot or main production: 75 %
A consumer may prove the Agency's loss was lower (or nil), in which case the amount reduces accordingly (§ 1168 ABGB / corresponding rules under Cap. 149 in Cyprus).
§9 · Consumer right of withdrawal B2C
For distance or off-premises contracts, consumers have a 14-day right of withdrawal (§ 11 FAGG)(Consumer Rights Law of 2013, N.133(I)/2013). The withdrawal instructions and model form are provided on a durable medium before booking.
Early start at your request. If you ask us to start before the period ends and confirm separately that you understand you lose the withdrawal right once the service is fully performed, then withdraw mid-way, you pay only the pro-rata value of what we delivered up to that point (§ 10, § 18 Z 1 FAGG; CJEU C-641/19)(Art 16(a) Dir 2011/83/EU).
No withdrawal for bespoke work. For deliverables individually produced to your brief (custom video, photography, design) there is no right of withdrawal (§ 18 Z 3 FAGG)(Art 16(c) Dir 2011/83/EU).
§10 · Termination for client breach & partial delivery
If the client makes completion impossible or unreasonable (persistent non-cooperation, missing materials/approvals, contradictory instructions or ones exceeding the agreed scope, payment default), the Agency may set a reasonable grace period of 10 business days in text form and, on its fruitless expiry, terminate for cause. The Agency retains its claim to remuneration for the work actually performed up to that point, less expenses saved and other earnings (§ 1168 ABGB / Cap. 149). A consumer may prove the loss was lower.
§11 · Copyright & usage rights
Copyright in the works created by the Agency is non-transferable and remains with the Agency; the client receives usage rights (a licence). These take effect upon full payment of the agreed total fee. Unless otherwise agreed, the client receives the non-exclusive, time- and territory-unlimited right to use the deliverables for the agreed purpose and platforms. Uses beyond that require a separate licence. The Agency may show the collaboration and results for its own promotion (portfolio, showreel, website, social media); for consumers only with consent that can be withdrawn at any time.
§12 · Liability
The Agency is liable without limit for intent and gross negligence and for personal injury. For slight negligence it is liable only for breach of essential contractual duties and limited to the typical, foreseeable damage. Mandatory statutory liability (in particular under product-liability and consumer law) remains unaffected.
§13 · Documentation & project record
Scope and approvals are documented in text form. Written feedback, written approvals and accepted Change Orders, together with the drafts and files delivered (including by email and via the Agency's review platform), serve as contemporaneous documentation of what was agreed. This clause is a documentation rule only; it does not shift any burden of proof and does not exclude other evidence.
§14 · Final provisions, governing law & jurisdiction
Cyprus law applies. Place of jurisdiction for business clients is Larnaca, Cyprus. Consumers Mandatory consumer-protection rules of the consumer's home state remain unaffected; the consumer may also sue at their domicile (Rome I Art 6, Brussels Ia Arts 17–18).
For services rendered in Austria, Austrian law applies; place of jurisdiction for business clients is the competent court in Vienna. Consumers The mandatory provisions of the KSchG apply; for consumers domiciled/ordinarily resident in Austria the statutory place of jurisdiction is retained.
Should a provision be or become invalid, the validity of the remaining provisions is unaffected. Against consumers, an invalid clause simply falls away and is not replaced by a modified version.