General Terms and Conditions
brandmood GmbH & Co KG, Fanny-von-Lehnert-Straße 35, 5020 Salzburg, Austria
Version: May 2026
General Provisions
brandmood GmbH & Co KG, hereinafter referred to as brandmood, enters into contracts exclusively on the basis of the following General Terms and Conditions. Any conflicting, deviating or supplementary terms and conditions of the contractual partner are hereby expressly rejected and shall not be recognised by brandmood. By placing an order, the contractual partner accepts these General Terms and Conditions of brandmood. .
Conclusion of Contract & Scope of Services
Contracts between brandmood and the client shall generally only come into effect upon express acceptance by brandmood. Offers are non-binding and subject to change. The scope of the contractual obligations shall be determined exclusively by brandmood’s service description and/or the information contained in the order confirmation. Any ancillary agreements that modify the scope of the contractual services shall require express written confirmation.
Changes or deviations from individual contractual services that become necessary after conclusion of the contract shall be permitted, provided that such changes or deviations are not material and do not affect the overall character of the agreed contractual services. Any taxes, fees, duties, levies and copyright-related charges arising from the implementation of the event, including but not limited to AKM fees, artists’ social security contributions, withholding taxes or similar charges, shall be borne by the client. r.
Rights of use and retention of Title
Unless otherwise agreed in writing, all rights of use relating to creative services shall remain with brandmood. Unless otherwise agreed, brandmood grants only a one-time right of use. Any use beyond the agreed scope of use shall require the prior consent of brandmood. The contractual partner shall not be entitled to use such services in any form beyond the agreed scope of services. In particular, the contractual partner shall not be entitled to resell, transfer or otherwise pass on creative services provided by brandmood. All other deliveries and services shall remain the property of brandmood until full payment has been received.
brandmood shall retain the sole exploitation rights to its drafts, concepts, ideas, presentation documents, offers and similar materials. Rights of use to such copyrighted materials shall only be transferred to the extent expressly agreed by contract.
Works, drafts, concepts, ideas, presentation documents, offers and similar materials created by brandmood may only be used for the client’s own purposes or for third parties with the express consent of brandmood and against appropriate additional compensation.
Data protection
All personal data made available to brandmood for the purpose of carrying out an event shall be protected against misuse.
brandmood shall process such data in a manner compatible with the purpose of fulfilling the contract and, where legally permissible, for direct marketing purposes in forms that do not require consent, such as addressed postal advertising.
All data shall be subject to the agreed and statutory obligations of confidentiality and protection of personal data.
Client data shall only be disclosed on a legal basis or in coordination with the client, except where disclosure is made to customary business recipients such as banks, tax advisors or lawyers.
Client data shall be stored for documentation purposes and for the fulfilment of legal obligations for up to a maximum of thirty years after completion of the respective orders.
The client has the right to object to the processing of personal data for direct marketing purposes. In the event of such objection, the relevant personal data shall no longer be processed for direct marketing purposes.
The client and/or the client’s affected employees have the right of access, rectification and erasure of their personal data, the right to restriction of processing, the right to data portability and the right to lodge a complaint with the data protection authority:
Austrian Data Protection Authority
Barichgasse 40–42
1030 Vienna, Austria
Phone: +43 1 52 152-0
Email: dsb@dsb.gv.at
Warranty
The services provided by brandmood shall be inspected by the contractual partner immediately after delivery or completion. Any defects identified during such inspection shall be reported to brandmood immediately, in writing and in sufficient detail.
Liability
brandmood undertakes to prepare its services diligently and to carefully select and supervise service providers in accordance with the duties of care of a prudent business operator.
To the extent that brandmood is entitled to claims for damages against third parties in connection with the performance of the contract, brandmood shall assign such claims to the client, provided that the client accepts the assignment of such future claims. In such a case, the client shall have no further claims against brandmood.
The client shall be entitled to enforce such claims at its own expense.
Where possible, brandmood offers the client the option of taking out adequate event liability insurance for the event. The costs of such insurance shall in any case be charged to the client. External factors such as power failures, interruptions of internet connections, damage caused by environmental influences or force majeure shall be excluded from brandmood’s liability. This applies in particular to external streaming services such as AWS, Vimeo, YouTube, Facebook and other freely selectable providers or endpoints that may be streamed to using SRT or RTMP.
Prices
The remuneration for brandmood’s services shall generally be based on the current price list. All prices are net prices and exclusive of value added tax.
Third parties shall be commissioned exclusively in the name and for the account of brandmood. In such cases, brandmood shall not be obliged to provide an account of the services rendered by third parties on its behalf or to submit invoices issued by the persons or entities commissioned by brandmood. An “open book” agreement may only be concluded if it was expressly requested in writing by the client as a condition in the initial briefing.
brandmood shall be entitled to charge the client a handling fee of 15% for all third-party services.
Services not included in the offer that are carried out at the client’s request, as well as additional expenses caused by incorrect information provided by the client, transport delays for which brandmood is not responsible, or delayed or improper preliminary services by third parties who are not vicarious agents of brandmood, shall be invoiced additionally to the client at brandmood’s current remuneration rates.
Travel, Transportation and Mobility Costs
For on-site appointments, site inspections, coordination meetings, project meetings and other project-related travel, brandmood may charge travel, transportation and mobility costs in accordance with the respective offer, cost estimate or a separately communicated price list. Unless expressly agreed otherwise, standardised travel and mobility flat rates shall be charged based on the distance between the appointment location and the nearest brandmood business location. Such flat rates cover the usual mobility expenses for the outward and return journey, irrespective of the means of transport selected. Air travel, overnight stays, international travel, multiple required vehicles, separate journeys and exceptional travel, logistics or ancillary costs shall be calculated and charged separately.
Individual agreements in the offer or order shall take precedence over this provision.
Payment
brandmood shall be entitled to issue advance payment invoices, instalment invoices, partial invoices and final invoices. Unless otherwise stipulated in the offer, order confirmation or any other written agreement, all invoices shall be due for payment without deduction within 7 days of receipt of the invoice. The specific amount and structure of advance payments, instalment payments and partial payments shall be determined by the respective offer, order confirmation or separate written agreement. brandmood shall in particular be entitled to invoice partial amounts upon placement of the order, prior to project commencement, prior to triggering chargeable third-party services, upon reaching defined project milestones, at periodic intervals for longer-running projects and after performance of services. Unless otherwise agreed in writing, brandmood shall be entitled to request appropriate advance payments and partial payments to cover its own expenses and project-related third-party costs. brandmood shall be entitled to make the placing of orders, bookings, productions, reservations or other chargeable third-party services dependent on prior receipt of due advance payments or partial payments. This applies in particular where such third-party services cannot be cancelled or can only be cancelled to a limited extent, or where costs are incurred before the services are performed.
brandmood shall also be entitled to invoice any partial service already performed separately, even if the overall project has not yet been completed, provided that this is objectively justified by the progress of the project, the scope of the services performed or the occurrence of third-party costs.
The final invoice shall take into account any advance payment invoices, instalment invoices and partial invoices already issued and paid.
Deductions of any kind, in particular due to alleged counterclaims, warranty claims or rights of retention, shall be excluded unless mandatory law provides otherwise.
In the event of default in payment, brandmood shall be entitled, without prejudice to any other rights, to suspend further services, project progress, deliveries or the triggering of third-party services until all outstanding receivables have been paid in full.
Any resulting postponements, delays or additional expenses shall be borne by the client.
Cancellation Terms
Cancellations or partial cancellations must be made in writing in order to be effective. In the event of cancellation by the client, brandmood shall be entitled to separately invoice all services already performed up to the time of cancellation, expenses incurred and third-party services already commissioned or triggered, to the extent that these are not already covered by advance payment invoices, instalment invoices or partial invoices already issued. In addition, unless otherwise stipulated in the offer or in a separate agreement, the following flat-rate cancellation charges shall apply based on the agreed total net remuneration:
In the event of written cancellation up to 4 months before the first event day or before the agreed project start date: 50%
In the event of written cancellation from 4 months up to 14 days before the first event day or before the agreed project start date: 80%
In the event of written cancellation from 14 days before the first event day or before the agreed project start date: 100%
Third-party services, external services, fees, duties, levies, travel costs, production costs, reservation costs or other project-related expenses that have already been incurred, commissioned or can no longer be cancelled shall in any case be reimbursed additionally by the client, unless they are already included in the above flat-rate cancellation charges or covered by payments already made.
Advance payment invoices, instalment invoices and partial invoices already issued or paid shall be credited against the claims resulting from the cancellation.
If payments already made exceed the cancellation costs, third-party costs and services performed up to that point, the excess amount shall be credited to the client or refunded.
If a project is postponed after the order has been placed, brandmood shall be entitled to separately invoice any resulting additional costs, rebooking costs, additional third-party costs and additional services already performed.
A postponement shall be deemed equivalent to a cancellation if, for reasons within the client’s sphere of responsibility, the agreed performance cannot take place within a reasonable period at an alternative date.
Cancellations or restrictions due to force majeure, pandemic events, official orders, infrastructure failures or other circumstances beyond brandmood’s control shall not release the client from the obligation to pay for services already performed and third-party costs already incurred or no longer cancellable.
Final provision
Should individual provisions of these General Terms and Conditions become invalid, the validity of the remaining provisions shall remain unaffected.
Place of jurisdiction
The application of Austrian law is agreed, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
The place of jurisdiction shall be the court having subject-matter and local jurisdiction for Salzburg, Austria.
General Terms and Conditions of brandmood – May 2026