Terms & conditions.

Terms & Conditions

These Terms & Conditions govern services provided under the Create23 brand by:

Create23 Operated by Filip Nikitovic 1230 Vienna, Austria Email: hello@create23.at Website: Create23.at

By requesting, ordering or accepting services from Create23, the client agrees to these Terms & Conditions together with the applicable quotation, project description or other written agreement.

Where the client is a consumer, mandatory consumer-protection rights remain unaffected.

1. About Create23

Create23 provides photography, video and related visual-content services.

Depending on the individual project, services may include:

• photography for website projects;
• business and corporate photography;
• portraits and headshots;
• workplace and location photography;
• product or service-related photography;
• visual content for websites;
• short-form video;
• video for websites and social media;
• drone photography and video where legally and practically possible;
• photo editing and retouching;
• video editing;
• AI-assisted editing;
• preparation and optimisation of visual content for digital use.

The exact scope of every project is determined by the individual quotation, project description, email confirmation or other agreement between Create23 and the client.

2. Formation of a Contract

Information displayed on Create23.at is generally an invitation to request information or a quotation and does not by itself constitute a binding offer.

A contract may be formed when:

• the client accepts a quotation;
• the client confirms a project by email or another agreed communication method;
• Create23 confirms a booking;
• the client accepts a written project agreement;
• or the parties otherwise clearly agree on the essential elements of a project.

Where a deposit or advance payment is specified as a condition of booking, the project date may not be considered reserved until that payment has been received.

3. Individual Project Agreement

Each project may have its own:

• scope;
• price;
• location;
• photography or filming date;
• estimated duration;
• number or type of deliverables;
• intended usage;
• delivery method;
• delivery schedule;
• revision arrangement;
• travel costs;
• licensing terms;
• special requirements.

If an individual quotation or written project agreement conflicts with these general Terms & Conditions, the specifically agreed project terms take priority for that project.

4. Client Responsibilities

The client must provide information reasonably necessary for Create23 to plan and perform the project.

This may include:

• correct contact information;
• accurate project requirements;
• access to the location;
• relevant schedules;
• contact persons;
• information about participants;
• branding requirements;
• usage requirements;
• deadlines;
• special technical requirements;
• safety or access restrictions.

The client should promptly notify Create23 if relevant project information changes.

Delays resulting from missing, incorrect or late information may affect the project schedule or delivery date.

5. Locations and Permissions

Where photography, video or drone work takes place at a property or location controlled by the client, the client is responsible for obtaining permission to access and use the location unless Create23 has expressly agreed to arrange the permission.

Certain public, private or protected locations may require:

• photography permission;
• filming permission;
• property-owner approval;
• location permits;
• commercial-use permission;
• municipal authorisation;
• drone authorisation;
• additional fees.

Create23 may assist in identifying such requirements where this forms part of the agreed service, but no location should be assumed to permit commercial photography, filming or drone operations automatically.

If a location owner or competent authority refuses permission, Create23 is not required to conduct the activity unlawfully.

6. People Appearing in Photographs or Video

The client should ensure that people intentionally participating in a photography or video project are appropriately informed about the planned recording and intended use.

This may include:

• employees;
• contractors;
• models;
• customers;
• family members;
• event participants;
• other individuals arranged by the client.

Where specific model releases, parental permissions or other permissions are necessary for the client's intended use, the responsibility for obtaining them will be determined by the individual project agreement.

Create23 may request additional confirmation before photographing or filming minors or other circumstances requiring particular care.

7. Photography and Creative Approach

Photography and visual-content creation involve creative judgment.

Unless a specific result has been expressly agreed, Create23 retains reasonable creative discretion regarding matters such as:

• composition;
• camera position;
• lens selection;
• lighting;
• exposure;
• colour;
• framing;
• depth of field;
• image selection;
• cropping;
• retouching;
• visual style.

References, mood boards and example photographs are used as creative guidance and do not constitute a guarantee that an identical result can be reproduced.

Factors such as weather, available light, location conditions, participants, timing and physical surroundings may influence the final result.

8. Image Selection

Unless otherwise agreed, Create23 selects which photographs are suitable for editing and final delivery.

Not every photograph taken during a project will be delivered.

Images may be excluded because of:

• duplicate frames;
• test exposures;
• missed focus;
• blinking;
• unsuitable expressions;
• movement;
• technical problems;
• composition;
• creative selection;
• other quality considerations.

The number of images captured during a session does not determine the number of images delivered.

9. Editing and Retouching

Delivered photographs and videos may be professionally edited before delivery.

Editing may include:

• colour correction;
• exposure adjustment;
• cropping;
• straightening;
• contrast adjustment;
• skin retouching;
• noise reduction;
• sharpening;
• background adjustments;
• object removal;
• masking;
• perspective correction;
• image optimisation;
• audio adjustment;
• video editing;
• resizing and export.

The level of editing depends on the project.

Extensive retouching, compositing, background replacement or other work outside the original project scope may be quoted separately.

10. AI-Assisted Editing

Create23 may use software containing artificial-intelligence or machine-learning functionality as part of the editing workflow.

Such tools may be used for functions including:

• subject detection;
• masking;
• noise reduction;
• sharpening;
• object removal;
• background modification;
• generative fill;
• image enhancement;
• colour and lighting adjustments.

AI-assisted tools are used as part of the creative production process and do not replace Create23's responsibility for the final delivered work.

If the client has a specific requirement that identifiable project material must not be submitted to cloud-based AI processing, this should be communicated before the project begins so that Create23 can determine whether the requested workflow can be provided.

Personal data associated with AI-assisted workflows is handled according to the Create23 Privacy Policy.

11. Video Services

Where video is included in a project, the exact deliverables are determined by the individual project agreement.

Unless otherwise stated, a video project does not automatically include:

• unlimited filming time;
• every recorded clip;
• raw camera files;
• project source files;
• multiple alternative edits;
• licensed commercial music;
• voice-over;
• subtitles;
• animation;
• specialised sound recording;
• unlimited revisions.

Such items may be included where specifically agreed.

12. Drone Photography and Video

Drone services are provided only where the planned operation can reasonably and lawfully be performed.

A proposed drone shot does not guarantee that the drone can be flown.

Operations may depend on factors including:

• aviation regulations;
• airspace restrictions;
• temporary flight restrictions;
• weather;
• wind;
• visibility;
• people present in the area;
• location restrictions;
• property-owner permission;
• take-off and landing permissions;
• safety considerations;
• instructions from competent authorities.

Create23 may refuse, postpone, modify or discontinue a drone operation where continuing would be unsafe, unlawful or inconsistent with applicable operating requirements.

Where possible, an alternative ground-based solution or a rescheduled drone operation may be proposed.

13. Weather and Outdoor Photography

Outdoor photography is affected by weather and environmental conditions.

Create23 cannot guarantee:

• sunshine;
• cloud cover;
• sunsets;
• snow;
• seasonal vegetation;
• absence of crowds;
• specific lighting;
• unrestricted location access.

Where weather makes the planned project impractical or unsafe, Create23 and the client may agree to:

• continue with available conditions;
• modify the location;
• modify the concept;
• reschedule the affected part of the project.

Any additional costs associated with a substantial change of location or date will be discussed where applicable.

14. Delivery

Final work will normally be delivered digitally unless another method has been agreed.

Delivery may take place through:

• a download link;
• cloud storage;
• a client gallery;
• email;
• another agreed digital-transfer method.

Estimated delivery dates may be specified in the individual project agreement.

A delivery estimate is not automatically a guaranteed fixed deadline unless expressly identified as such.

If a project has a strict publication or launch deadline, the client should disclose that deadline before the project is accepted.

15. Client Review and Revisions

Where revisions are included, the client should review delivered work and provide clear feedback within a reasonable period.

The number and scope of included revisions may be stated in the individual project agreement.

A revision means a reasonable adjustment to work already produced within the agreed creative direction.

A request that materially changes:

• the original concept;
• project scope;
• shooting requirements;
• location;
• style;
• deliverables;
• format;
• or intended purpose

may be treated as additional work and may require a separate quotation.

16. Raw Files and Source Files

Unless expressly agreed otherwise, the project price covers the final agreed deliverables and does not include an automatic right to receive:

• RAW photographs;
• unedited photographs;
• unused video clips;
• project files;
• editing timelines;
• layered editing files;
• original working files;
• unused takes.

Create23 may choose not to release unfinished or unedited material.

Where delivery of source or raw files is specifically requested, separate conditions or charges may apply.

17. Copyright

Copyright in photographs, video and other copyright-protected creative work is governed by applicable Austrian copyright law.

Creation of a work does not automatically transfer the underlying copyright to the client.

Instead, the client receives the usage rights agreed for the project.

The scope of the licence may be specified in the individual quotation or agreement. Austrian copyright law recognises that the photographer/creator generally remains the author while usage rights can be licensed to the customer.

18. Standard Client Usage Licence

Unless a different licence is expressly agreed, once the agreed price has been paid in full, Create23 grants the client a non-exclusive licence to use the final delivered material for purposes reasonably connected with the client's own activities and the project for which the material was created.

For a business client, this normally includes use in:

• the client's website;
• the client's social-media accounts;
• company profiles;
• online business listings;
• presentations;
• brochures;
• company communications;
• digital marketing;
• ordinary advertising relating to the client's own business.

For a private client, this normally includes personal and private use and personal sharing.

The licence does not automatically include the right to:

• sell the photographs as standalone products;
• sell licences to third parties;
• submit the work to stock-photography platforms;
• claim authorship of the photographs;
• use the work to train AI models;
• materially alter the work in a misleading manner;
• transfer exclusive rights to another organisation;
• resell the underlying files.

Any additional or exclusive rights may be agreed separately.

19. Photographer Credit

For ordinary client use covered by the standard licence, Create23 does not require a visible photographer credit unless the individual agreement states otherwise.

Where credit is voluntarily provided, the preferred designation is:

Create23

or another credit agreed for the project.

20. Third-Party Use

The client may provide final material to service providers acting on the client's behalf where reasonably necessary for the licensed purpose.

For example, the client may provide images to:

• its website developer;
• advertising agency;
• designer;
• printer;
• social-media manager;
• marketing provider.

Those providers may use the material only for the client's authorised purpose.

Independent commercial exploitation or resale by third parties requires separate permission where applicable.

21. Client-Provided Material

The client may provide Create23 with:

• photographs;
• logos;
• text;
• video;
• graphics;
• music;
• brand assets;
• other content.

The client should provide only material that the client is entitled to use for the intended project.

Unless Create23 has specifically been engaged to obtain third-party rights, Create23 may rely on the client's representation that the necessary rights or permissions have been obtained.

If Create23 identifies a potential rights issue, it may decline to use the affected material until the matter is clarified.

22. Music and Other Licensed Assets

Video projects may require music, fonts, stock assets or other material belonging to third parties.

Where such assets are used, their use may be subject to the licence terms of the relevant provider.

A third-party licence may restrict:

• platforms;
• advertising;
• broadcast use;
• geographic use;
• duration;
• transferability;
• modification.

Create23 cannot grant broader rights to third-party material than Create23 itself is authorised to grant.

23. Create23 Portfolio Use

Create23 does not treat a client booking as automatic permission to publish identifiable client photographs for advertising.

Where Create23 wishes to use identifiable client material for purposes such as:

• Create23.at;
• social media;
• promotional campaigns;
• portfolio examples;
• case studies;

permission or another appropriate legal basis will be obtained where required.

A client may therefore commission work without automatically agreeing to become part of Create23's public portfolio.

24. Prices

The price applicable to a project is the price stated in the relevant quotation, proposal, booking confirmation or individual agreement.

Unless expressly stated otherwise, additional work requested outside the original scope may result in additional charges.

Possible additional costs may include:

• additional shooting time;
• extensive retouching;
• additional revisions;
• additional locations;
• travel;
• parking;
• location fees;
• permit fees;
• accommodation;
• specialist equipment;
• third-party licensing costs;
• additional crew;
• expedited delivery.

Such additional costs will be communicated where reasonably possible before they are incurred.

25. Payment

Payment terms are stated in the quotation or invoice.

Invoices must be paid by the due date indicated on the invoice.

Where a deposit or advance payment is required, work or reservation of a project date may be conditional upon receipt of that payment.

Where permitted by law, Create23 may suspend delivery of final material until overdue amounts relating to the project have been paid.

Statutory rights concerning late payment remain unaffected.

26. Cancellations and Rescheduling

If the client needs to cancel or reschedule a project, the client should notify Create23 as soon as reasonably possible.

Any project-specific cancellation or rescheduling terms stated in the accepted quotation or booking confirmation apply.

Where no specific cancellation charge has been agreed, Create23 may charge for:

• work already performed;
• reasonable expenses already incurred;
• non-refundable third-party costs;

to the extent permitted by applicable law.

Nothing in this section restricts statutory withdrawal rights available to consumers.

27. Cancellation by Create23

Create23 may cancel, postpone or suspend a project where performance becomes impossible, unsafe, unlawful or unreasonable due to circumstances such as:

• illness or incapacity;
• serious equipment failure;
• unsafe weather;
• legal restrictions;
• loss of required access;
• drone restrictions;
• emergency circumstances;
• events beyond reasonable control.

Where Create23 is unable to provide an agreed service and no suitable alternative can be arranged, amounts already paid for the unperformed part of the service will be handled in accordance with applicable law and the relevant project agreement.

28. Events Beyond Reasonable Control

Neither party will be considered responsible for delay or non-performance caused by circumstances genuinely beyond its reasonable control, subject to mandatory law.

Examples may include:

• severe weather;
• natural disasters;
• government restrictions;
• sudden closure of a location;
• serious transportation disruption;
• widespread infrastructure failure;
• emergency restrictions;
• other comparable circumstances.

The parties should cooperate in good faith to find a reasonable alternative where possible.

29. Technical Limitations

Photography, video and digital production depend on electronic equipment and data-storage systems.

Create23 uses reasonable professional care but cannot completely eliminate risks such as:

• unexpected equipment failure;
• storage-media failure;
• file corruption;
• software malfunction;
• transmission failure.

Where a technical problem affects a project, Create23 will make reasonable efforts to recover the material or provide an appropriate alternative where possible.

Mandatory statutory rights remain unaffected.

30. File Storage and Archiving

Create23 may retain project files for a reasonable period after final delivery for:

• backup;
• corrections;
• revisions;
• project administration.

However, Create23 does not provide permanent archival storage unless this has been expressly agreed.

Once final files have been delivered, the client should:

• download them promptly;
• store them safely;
• maintain independent backups.

Create23 does not guarantee that project files will remain available indefinitely.

31. Colour and Display Differences

Photographs and videos may appear differently depending on:

• displays;
• screen calibration;
• brightness settings;
• browsers;
• software;
• printers;
• paper;
• printing processes.

Minor differences between the appearance of a file on different devices or outputs do not necessarily indicate a defect in the delivered file.

For colour-critical commercial printing, the client should use an appropriately managed professional print workflow.

32. Website Use

Where photography or visual content is created specifically for a website project, Create23 may optimise files for web use.

This may include:

• resizing;
• compression;
• cropping;
• conversion to modern file formats;
• responsive image versions;
• optimisation for page performance.

Optimised website files may differ in resolution or compression from full-resolution master files.

33. No Guarantee of Business Results

Create23 provides creative services and visual content.

Unless expressly guaranteed in writing, Create23 does not guarantee that the use of photographs, video or other content will result in a particular:

• level of sales;
• number of inquiries;
• website ranking;
• advertising performance;
• social-media reach;
• conversion rate;
• business result.

The effectiveness of visual content depends on many factors outside Create23's control.

34. Complaints and Defects

If the client believes delivered work has a technical defect or does not correspond to the expressly agreed scope, the client should contact Create23 and describe the issue.

Create23 should be given a reasonable opportunity to investigate and, where appropriate, correct a remediable issue.

Mandatory statutory warranty and consumer rights are not limited by this provision.

35. Liability

Create23 is responsible in accordance with applicable law.

Nothing in these Terms excludes or restricts liability where exclusion or restriction would be unlawful.

In particular, mandatory rights and liability applicable to consumers remain unaffected.

For business clients, liability limitations may additionally be agreed in the individual project agreement where legally permissible.

36. Data Protection

Personal data is processed in accordance with the Create23 Privacy Policy and applicable data-protection law.

The current Privacy Policy is available on Create23.at.

Where a project requires additional data-processing arrangements, these may be agreed separately.

37. Consumers and Statutory Withdrawal Rights

A client who is a consumer may have a statutory right to withdraw from a distance contract or an off-premises contract.

For many service contracts concluded online, the statutory withdrawal period is generally 14 days.

Where the consumer expressly requests that Create23 begin providing services during the withdrawal period, the consumer may be required to pay a proportionate amount for services already provided if the consumer subsequently validly withdraws, provided the applicable statutory requirements have been fulfilled.

Where a paid service has been fully performed during the withdrawal period, the withdrawal right may cease only where the requirements of applicable consumer law have been satisfied, including the consumer's necessary prior express consent and acknowledgement.

Create23 will provide the legally required withdrawal information and, where applicable, the statutory model withdrawal form separately.

These Terms do not remove or restrict any statutory consumer withdrawal right.

38. Digital Delivery

Photographs and video are commonly delivered as digital files.

Where consumer legislation provides special rules for digital content, those mandatory rules apply.

Where legally required, Create23 will obtain any necessary express consent and acknowledgement before providing digital content during an applicable withdrawal period.

39. Business Clients

Where a client enters into the contract for purposes relating to its trade, business or profession, the client is treated as a business client to the extent provided by applicable law.

Consumer-specific statutory rights do not apply to a business transaction where the law limits those rights to consumers.

40. Communication

Project-related communication may take place by:

• email;
• telephone;
• messaging service;
• online form;
• another mutually accepted method.

Important project changes should be confirmed in writing where reasonably possible.

The client is responsible for providing accurate contact information and checking communications relating to the project.

41. Changes to the Project

Changes requested after a project has been agreed may affect:

• price;
• delivery date;
• shooting time;
• equipment;
• location;
• licensing;
• required personnel;
• production schedule.

Create23 will inform the client where a requested change materially changes the original scope.

Additional work will not automatically be included in the original project price.

42. Subcontractors and Assistants

Create23 may use appropriate assistants, editors, technical providers or subcontractors where reasonably necessary to perform a project.

Create23 remains responsible for its own contractual obligations to the client.

Where such providers process personal data, applicable data-protection requirements will be observed.

43. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain unaffected to the extent legally possible.

For consumers, any replacement or interpretation of an invalid provision will be determined according to applicable mandatory law.

44. Governing Law

These Terms and contractual relationships with Create23 are governed by Austrian law, subject to mandatory consumer-protection provisions that may apply to consumers residing in another country.

The choice of Austrian law does not deprive a consumer of mandatory protections that cannot legally be excluded under the law otherwise applicable to that consumer.

45. Jurisdiction

For business clients, the competent courts in Austria may be agreed as the place of jurisdiction where legally permissible.

For consumers, statutory rules concerning jurisdiction apply.

Nothing in these Terms requires a consumer to bring proceedings in a court where mandatory law provides otherwise.

46. Changes to These Terms

Create23 may update these Terms & Conditions for future projects.

The version applicable to a project is generally the version made available or agreed when the relevant contract is concluded unless a later change is expressly agreed.

Changes will not retrospectively alter an existing contract without an appropriate legal basis or agreement.

47. Contact

Questions concerning these Terms & Conditions can be sent to:

Create23 Operated by Filip Nikitovic 1230 Vienna, Austria Email: hello@create23.at Website: Create23.at