Welcome to the General Terms and Conditions of Production and Delivery of NAP FILMWORX KG.
These terms and conditions apply to all commissioned film productions and form the legal basis of our production contracts.
For easier navigation, you will find a guide to the most important sections here:
1. General
The general terms and conditions of NAP FilmworX KG apply to all film productions and assignments.
They are primarily intended for business-to-business transactions and form part of every offer and contract.
Legal validity arises only upon written or electronic confirmation of the order.
By signing the order, the client automatically accepts these terms and conditions.
The production of the film work is based on the script or treatment approved by the client.
Documents created by the producer remain the intellectual property of NAP FilmworX KG, unless otherwise agreed.
2. Costs
The contractually agreed price includes all production costs, including the first copy and the granting of rights in accordance with Section 7.
Weather-related shooting delays or additional consulting services will incur extra costs, which will be billed separately.
If a script is commissioned, the payment obligation remains in effect even if no filming takes place.
3. Production, Modifications, Approval, Foreign Language Versions
Production begins after the production contract has been signed.
Artistic and technical design is the responsibility of the producer.
Changes after approval or at the client’s request will be made at the client’s expense.
Foreign language versions (e.g., dubbing or subtitling) will be agreed upon separately.
4. Liability
NAP FilmworX KG guarantees technically flawless sound and image quality.
In the event of impossibility of production or delayed completion, the producer shall only be liable in cases of intent or gross negligence.
Complaints and defects must be reported within a reasonable period.
The producer is liable for copyright infringements that occur in the course of production.
5. Termination of the Contract by the Client
Termination by the client is possible but entails liability for costs:
Up to 8 days before the start of filming: 50% of the agreed net costs + lost profits
From 7 days before the start of filming: 100% of the total agreed amount
Any costs and services already incurred will, in any case, be invoiced.
6. Payment Terms
Unless otherwise agreed, the following payment conditions apply:
100 % upon placement of the order, or
For productions from €10,000 excl. VAT:
1/3 upon placement of the order
1/3 at the start of filming
1/3 upon acceptance of the production
7. Copyrights and Exploitation Rights
NAP FilmworX KG retains the copyright exploitation rights in accordance with § 38/1 of the Copyright Act (UrhG).
The production contract governs the extent to which usage rights are transferred to the client.
Excluded are rights of reproduction, adaptation, dubbing, or use of excerpts, unless expressly agreed otherwise.
The original material remains with the producer to secure the rights.
8. Miscellaneous Provisions
For television productions, the opening and closing credits require approval.
The producer is allowed to display their company name and logo as a copyright notice.
The use of excerpts for self-promotion (e.g., showreels, festivals, or websites) is explicitly permitted.
The place of jurisdiction and performance is the headquarters of NAP FilmworX KG in Austria.
Austrian law shall apply exclusively.
