Terms & Conditions

Terms and Conditions (B2B)

RC-Creations OG | Version: 15 September 2026

1. Scope

1.1 These Terms and Conditions (“Terms”) apply to all contracts between RC-Creations OG (“RC-Creations”) and its clients where the client is acting as a business/entrepreneur and not as a consumer.

1.2 RC-Creations provides services including social media management, content creation, UGC, photo and video production, creative concept development, digital marketing, influencer marketing, copywriting, translation, consulting and related agency services.

1.3 Any conflicting or deviating terms of the client apply only if RC-Creations has expressly accepted them in text form.

1.4 Individual terms agreed in a proposal, order confirmation or separate contract take precedence over these Terms.

2. Proposals and conclusion of contract

2.1 Unless expressly stated otherwise, proposals issued by RC-Creations are non-binding.

2.2 A contract is concluded by written or electronic acceptance of a proposal, by order confirmation, or by RC-Creations commencing performance following a corresponding instruction from the client.

2.3 The scope of services, deliverables, schedule, usage rights and remuneration are primarily determined by the applicable proposal or order confirmation.

3. Performance and client cooperation

3.1 RC-Creations will perform the agreed services with reasonable professional care and on the basis of the agreed briefing.

3.2 The client must provide all information, access credentials, materials, approvals, brand guidelines and other cooperation required for performance in a timely manner.

3.3 Delays caused by late or incomplete cooperation by the client extend affected deadlines reasonably. Additional work resulting from such delay may be charged separately.

3.4 Unless a specific commercial result has expressly been agreed, RC-Creations owes professional performance of the agreed services but does not guarantee particular reach, sales, leads, conversion rates, follower numbers or other marketing results.

4. Approvals and revisions

4.1 Unless otherwise agreed in the proposal, one revision round per agreed item or deliverable is included in the price.

4.2 A revision round covers reasonable changes within the originally agreed briefing. Fundamental concept changes, reshoots, new scripts, additional versions, changes after approval or other work outside the agreed scope constitute additional services and may be charged separately.

4.3 Client approvals are binding. RC-Creations is only responsible for errors or disadvantages arising from client-approved or client-supplied content, information or materials to the extent caused by RC-Creations.

5. Deadlines and delays

5.1 Production and delivery dates are binding only where expressly agreed as binding.

5.2 Events outside RC-Creations’ reasonable control, including platform outages, illness, force majeure, technical failures or third-party delays, extend affected deadlines reasonably where RC-Creations is not responsible for the delay.

6. Fees, invoicing and payment

6.1 Unless stated otherwise, all prices are net prices and exclusive of applicable VAT.

6.2 Invoices are due for payment without deduction within 30 days of the invoice date unless otherwise agreed in the proposal or invoice.

6.3 In the event of late payment, the statutory default interest applicable to business transactions applies. RC-Creations may charge reasonable and legally permissible reminder and collection costs.

6.4 In the event of material overdue amounts, RC-Creations may suspend further performance until due amounts have been paid, where reasonable in light of both parties’ interests.

7. Cancellation by the client

7.1 As long as RC-Creations has not commenced the specific services, the client may generally cancel the order without a cancellation fee unless otherwise agreed in the proposal.

7.2 Once performance has commenced, the client must pay for services actually performed up to cancellation and for binding third-party costs already incurred. Commencement includes, in particular, concept development, research, scripting, planning, organisation, filming, photography, editing, design, copywriting or other project-related work.

7.3 Third-party services already commissioned or no longer cancellable free of charge may be passed on to the client where attributable to the relevant project.

8. Third-party services and platforms

8.1 RC-Creations may use suitable third parties to perform the contract unless expressly agreed otherwise.

8.2 Where services depend on third-party platforms or providers, including Meta, Instagram, TikTok, Google or other digital platforms, RC-Creations is not responsible for their availability, algorithm changes, account restrictions, policy changes or other circumstances outside RC-Creations’ control.

9. Client-supplied materials

9.1 The client warrants that it holds all rights required for the contractual use of texts, images, videos, trademarks, music, logos, data and other materials supplied by the client.

9.2 The client shall indemnify RC-Creations against third-party claims to the extent they result from an infringement caused by client-supplied materials or binding client instructions for which the client is responsible.

10. Intellectual property and usage rights

10.1 Copyright and other intellectual property rights remain with their respective rights holders. The client receives only those usage rights expressly granted in the relevant proposal, order confirmation or separate agreement.

10.2 Territory, duration, media, paid advertising rights, whitelisting/BCA, editing rights and exclusivity are determined by the specific agreement. Rights not expressly granted are not transferred.

10.3 Unless otherwise agreed, agreed usage rights are granted only after full payment of the relevant fees.

10.4 Raw footage, editable/open project files, templates, working files and unused drafts are not included unless expressly agreed.

10.5 Mandatory statutory rights of authors remain unaffected.

11. Portfolio and reference use

11.1 RC-Creations may display completed work that has already been published by the client, as well as the client’s name and logo, in a reasonable manner as a reference on its website, social media channels, presentations, pitches and portfolios, unless the client objects in advance for a legitimate reason or the parties expressly agree otherwise.

11.2 Confidential or unpublished content will not be used as a reference without appropriate approval.

12. Confidentiality

12.1 Each party must keep information of the other party that is marked confidential or is confidential by its nature confidential and use it only for performance of the contract.

12.2 Mandatory legal disclosure obligations remain unaffected.

13. Warranty

13.1 The client must inspect delivered services without undue delay and notify RC-Creations in text form of identifiable defects with an appropriate description.

13.2 Where a defect is justified, RC-Creations must first be given a reasonable opportunity to remedy it where remedy is possible and reasonable.

13.3 Subjective or aesthetic preferences do not in themselves constitute a defect where the delivered work complies with the approved briefing.

14. Liability

14.1 RC-Creations is liable in accordance with applicable law for damage caused intentionally or by gross negligence.

14.2 In cases of slight negligence, RC-Creations is liable only for breach of material contractual obligations and only for typically foreseeable damage, to the extent a limitation is legally permissible.

14.3 To the extent permitted by law, liability for indirect or consequential losses, lost profits, unsuccessful advertising or sales outcomes, or data loss is excluded unless caused intentionally or by gross negligence.

14.4 Mandatory statutory liability remains unaffected.

15. Data protection

15.1 RC-Creations processes personal data in accordance with applicable data protection law. Information regarding website data processing is set out in the current Privacy Policy on rc-creations.at.

15.2 Where RC-Creations processes personal data on behalf of a client and such processing constitutes processing by a processor under Article 28 GDPR, the parties will enter into a separate data processing agreement where required.

16. Ongoing services and termination

16.1 Retainers, social media management arrangements and other ongoing services are governed by the term and notice periods stated in the applicable proposal or contract.

16.2 If no specific rule is agreed, an ongoing agreement entered into for an indefinite period may be terminated by either party in text form on 30 days’ notice to the end of a calendar month.

16.3 The right to terminate for cause remains unaffected.

17. Final provisions

17.1 Austrian law applies, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.

17.2 To the extent legally permissible, the courts having subject-matter jurisdiction at the registered office of RC-Creations shall have exclusive jurisdiction over disputes arising out of or in connection with the contractual relationship.

17.3 Amendments and additions should be made in text form for evidentiary purposes. Individual agreements remain unaffected.

17.4 If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain unaffected. The invalid provision shall be replaced by the applicable statutory rule.