Terms & Conditions
1. Scope
1.1 These Terms & Conditions ("T&C") apply to all offers, contracts, deliveries and services of ICS Media GmbH, Cumberlandpark 97/3, 4810 Gmunden, Austria, company register no. FN 99242 w (hereinafter "ICS" or the "Contractor"), including all services provided under the brands "dockyard" (film and commercial production, design & animation, post-production, sound design) and "VAIN" (AI-driven production). Offers made and contracts concluded under a brand of ICS are offers and contracts of ICS Media GmbH.
1.2 The services of ICS include in particular: concept & creation, creative production, green production, agency strategy and agency partnerships, post-production (grading, CGI, VFX, post-production management), pitch support (mood films, mood frames, pitch material), camera & crew (film crew, equipment, motion control, virtual production, specialist rigs), design and animation, artificial intelligence (AI mood films, previews, animation, generative content), sound design and music, as well as websites, social media content, photography, media planning, AI consulting and rights exploitation (collectively the "Services" or the "Production").
1.3 These T&C apply exclusively to entrepreneurs within the meaning of Section 1 of the Austrian Commercial Code (UGB) and to legal entities under public law (hereinafter the "Client"). ICS does not enter into contracts with consumers within the meaning of the Austrian Consumer Protection Act (KSchG) on the basis of these T&C.
1.4 These T&C also apply to all future business relationships with the Client, even if they are not expressly agreed again. The version in force at the time the contract is concluded applies.
1.5 Conflicting, deviating or supplementary terms of the Client (including purchasing terms, agency terms or contract templates of the Client) do not become part of the contract, even if ICS does not expressly object to them or performs services in the knowledge of such terms. Deviations require the express written consent of ICS.
1.6 In the event of conflict, the following order of precedence applies: (a) written individual contract or production agreement, (b) written order confirmation by ICS, (c) offer/cost estimate of ICS including annexes, (d) these T&C.
2. Offers, Cost Estimates and Conclusion of Contract
2.1 Offers of ICS are non-binding and subject to change unless expressly designated as binding. Unless otherwise stated, offers are valid for 30 days from the offer date. Calculations are based on the requirements known at the time of the offer (briefing, treatment, shooting days, locations, cast, formats, scope of usage rights).
2.2 Cost estimates are non-binding within the meaning of Section 1170a (2) of the Austrian Civil Code (ABGB). If it becomes apparent during the Production that the calculated costs will be exceeded for reasons not attributable solely to ICS (e.g. changed requirements, weather, official requirements, unavailability of cast/locations, extended shooting hours, additional effort caused by the Client), ICS is entitled to reasonable remuneration for the additional effort. Overruns of up to 15 % of the cost estimate are deemed approved by the Client and require no separate notification.
2.3 A contract is concluded (a) by written order confirmation from ICS, (b) by written or electronic acceptance of the offer by the Client (e-mail, messenger service, collaboration platform), (c) by signing a production agreement, or (d) at the latest when the Client allows ICS to commence the Production, confirms dates (pre-production, shoot, post), provides materials or makes a down payment. Approvals given orally or in video conferences ("go") are binding if ICS confirms them in text form (e-mail, messenger, minutes) and the Client does not object within two working days.
2.4 Persons placing orders, giving approvals or commissioning changes on behalf of the Client are deemed authorised to do so. If a person acts without sufficient authority, that person is personally liable to ICS for the commissioned services (Section 1019 ABGB), without prejudice to the liability of the Client.
2.5 Side agreements, assurances and subsequent contract amendments require confirmation in text form by ICS to be effective.
2.6 Offers, concepts, treatments, storyboards, calculations and pitch materials of ICS are the intellectual property of ICS and are confidential. They may not be disclosed to third parties, used to commission third parties or used for in-house production without the written consent of ICS. In the event of a breach, the Client owes reasonable remuneration of at least 30 % of the offer amount, without prejudice to further claims.
3. Scope of Services and Client Obligations
3.1 The scope, content and quality of the Services are determined exclusively by the offer or order confirmation including annexes (briefing, treatment, storyboard, shooting schedule, deliverables list). Services not expressly listed are not owed.
3.2 The Client shall provide ICS in good time, completely and free of charge with all information, documents, materials, access, brand guidelines (CI/CD), logos, music, photos, texts, products and approvals required for the Production ("Client Materials"). The Client shall name a contact person authorised to make decisions and give approvals no later than the start of the Production.
3.3 The Client warrants that it holds all rights to the Client Materials and that they are free of third-party rights. The Client shall fully indemnify and hold ICS harmless against all third-party claims arising from Client Materials or from content specifications of the Client (in particular copyright, trademark, personality, competition and media law).
3.4 The Client is solely responsible for the legal and advertising-law admissibility of the content it specifies or approves (advertising claims, product information, comparisons, health claims, statutory labelling obligations). A legal review by ICS is not owed unless expressly commissioned.
3.5 If the Client fails to fulfil its obligations to cooperate, or does so late or incompletely, agreed dates are postponed accordingly; any resulting additional effort (waiting times, rescheduling, additional shooting days, cancellation costs of service providers) is charged at the applicable hourly or daily rates of ICS plus third-party costs. ICS is entitled to suspend performance until the Client's cooperation has been provided.
4. Normative Provisions for Productions
The following production provisions apply in addition to film, commercial, animation, photo, audio and AI productions. They form part of every production order.
4.1 Production phases. Productions consist of (a) pre-production (concept, treatment, script, storyboard, casting, location scouting, scheduling, budgeting), (b) production (shoot, recording, animation, rendering) and (c) post-production (editing, grading, VFX/CGI, sound design, music, mastering, delivery). The completion of a phase is documented by the Client's approval; upon approval, the results of the respective phase are deemed to conform to the contract.
4.2 Approvals. The Client gives approvals in text form for treatment, script, storyboard/animatic, cast, locations, style frames, offline edit (rough cut), online edit (fine cut), grading, sound and master. Approvals are binding. Change requests relating to work steps already approved are chargeable change orders pursuant to Clause 4.4. If the Client does not respond to a deliverable submitted for approval within five (5) working days, the deliverable is deemed approved.
4.3 Revision rounds. Unless otherwise agreed, two (2) revision rounds per production step (offline edit, online edit, grading, sound, animation/style frames) are included in the price. A revision round comprises the Client's collected, consolidated and written feedback on one submission. Additional revision rounds and changes deviating from the approved concept, script or storyboard are charged on a time-and-materials basis.
4.4 Change orders. Changes to the scope of services, schedule, formats, usage rights or deliverables after conclusion of the contract require a change order. ICS informs the Client of the impact on costs and dates; the Client confirms in text form. In cases of urgency (e.g. an ongoing shoot), ICS is entitled to implement changes ordered by the Client or its representative on set and to charge them on a time-and-materials basis.
4.5 Shooting days and hours. Unless otherwise agreed, a shooting day comprises ten (10) hours including one hour break, calculated from crew call. Overtime is charged per commenced hour with a surcharge of 25 % (up to 12 hours) or 50 % (from the 13th hour) on the pro-rated daily rate of crew and equipment; night work (22:00–06:00), Sunday and public holiday work with a surcharge of 50 %, plus statutory and collective-agreement surcharges. Extensions caused by the Client (e.g. late approvals on set, product changes, additional set-ups) are borne by the Client.
4.6 Weather and cancelled days. For exterior shoots, the Client bears the weather risk. If a shooting day cannot take place, or can only partly take place, due to weather, force majeure, official orders, unavailability of cast/products provided by the Client or other reasons not attributable to ICS, the shooting day is charged at 100 % of the costs incurred (crew, equipment, locations, cast, catering, travel); a replacement shooting day is calculated separately. Taking out production insurance is the Client's responsibility; ICS will arrange quotes on request.
4.7 Postponement and cancellation of production dates. If the Client postpones or cancels confirmed production dates (pre-production dates, shooting days, studio, post-production or voice-over bookings), the following cancellation fees are owed, in each case plus all third-party costs already incurred or unavoidable: more than 14 calendar days before the date: 25 % of the affected portion of the services; 14 to 8 calendar days before: 50 %; 7 to 3 calendar days before: 75 %; less than 72 hours before or on the date itself: 100 %. Services already rendered are charged in full in any case. The Client may prove lower damage and ICS may prove higher damage.
4.8 Client representation on set and in post-production. The Client shall ensure that a person authorised to make decisions is present or reachable at all times during the shoot and at approval sessions. If no authorised person is present or reachable, the creative and production decisions made by ICS within the approved concept are deemed approved by the Client. Subsequent objections to takes approved on set are excluded.
4.9 Cast, locations, permits. Unless otherwise agreed, fees, buy-outs and usage rights of actors, voice artists, models, photographers, composers and other contributors, as well as location rentals, filming permits, traffic measures and official fees, are included in the offer only to the extent stated there (usage period, territory, media). Extended or prolonged usage requires a separate order and re-licensing. The Client is obliged to inform ICS in good time of the intended use.
4.10 Music and audio material. Music and sound design composed by ICS are licensed within the agreed scope of use. For third-party music (library, licensed music, charts), acquiring synchronisation and performance rights (AKM, GEMA, SUISA, austro mechana, etc.) is the Client's responsibility unless ICS is expressly commissioned to do so; licence costs are charged separately.
4.11 Network partners and subcontractors. ICS is entitled to have services performed in whole or in part by qualified partners of its European network, subcontractors or freelancers. ICS remains the Client's contractual partner. During the Production and for twelve (12) months after its completion, the Client may not directly engage or solicit crew members, creatives, partners or subcontractors engaged by ICS without ICS's consent; in the event of a breach, a contractual penalty of 20 % of the net order value of the affected Production, but at least EUR 10,000, is forfeited.
4.12 Green production. ICS produces according to the principles of sustainable production (energy efficiency, waste avoidance, sustainable catering and transport, digital workflows). Certifications requested by the Client (e.g. green-producing certificates) or carbon accounting must be commissioned separately. Deviations from sustainable standards requested by the Client are at the Client's expense.
4.13 AI-driven production (VAIN). For services created in whole or in part with generative artificial intelligence: (a) ICS informs the Client of the use of AI tools; the Client consents to their use. (b) The Client is responsible for the lawfulness of the inputs it provides (prompts, reference images, voices, trademarks, likenesses of persons). (c) ICS gives no warranty that AI-generated content is eligible for copyright protection, is free of similarities to existing works, or may be used in all jurisdictions without labelling; statutory labelling obligations (in particular under the EU AI Act) must be complied with by the Client upon publication. (d) AI results are inherently variable; exact reproduction of a result cannot be guaranteed. (e) The terms of use of the AI providers employed apply in addition insofar as they concern the Client.
4.14 Raw material, project files and archiving. Raw material (footage, RAW data, audio recordings, project and working files, 3D scenes, prompts, intermediate versions) remains the property of ICS and is not part of the delivery unless expressly agreed in writing. Only the agreed deliverables (master and delivery formats) are owed. Raw material or project files are handed over only against separate remuneration and a separate agreement; usage rights therein are granted only expressly and after full payment. ICS archives raw material and project files for six (6) months after delivery; longer retention requires a separate order. The Client is responsible for backing up the delivered deliverables.
4.15 Deliverables and technical delivery. Deliverables are provided in the agreed formats, resolutions, lengths and versions (language versions, subtitles, aspect ratios, cut-downs) via a platform determined by ICS (e.g. download link, review platform). Provision constitutes delivery. Additional formats, versions or adaptations are charged separately.
4.16 Safety on set. ICS is responsible for occupational safety on set insofar as the organisation lies with ICS. The Client and its representatives must follow the instructions of the production management. Products, vehicles, animals or locations provided by the Client must be safe and compliant; the associated risk is borne by the Client.
4.17 Insurance. ICS maintains business liability insurance. Production interruption, negative/media, equipment and weather insurance are taken out only upon separate instruction of the Client and against reimbursement of costs. Without such instruction, the Client bears the corresponding risks.
4.18 Pitches and agency cooperation. Unless otherwise agreed, pitch services (mood films, mood frames, concepts) are provided for a pitch fee. If the pitch is won, the Production is to be awarded to ICS; if the Production is awarded to third parties without good cause, a fee of 15 % of the calculated production volume, but at least twice the pitch fee, is payable. Rights to pitch results not commissioned remain entirely with ICS.
4.19 Abandonment of the Production by the Client. If the Client abandons an ongoing Production or, despite request and a grace period, refuses the cooperation or payment required for its continuation, ICS is entitled to halt the Production. In this case the Client owes the entire agreed remuneration less what ICS has saved as a result of the work not being carried out (Section 1168 ABGB); third-party costs and cancellation fees of third parties must be reimbursed in full. Results produced up to that point may not be used by the Client as long as full payment has not been made.
5. Dates and Delivery Times
5.1 Dates and delivery times are binding only if ICS has expressly confirmed them in writing as binding. They are subject to the timely fulfilment of all Client obligations and receipt of agreed down payments.
5.2 Delays attributable to circumstances beyond ICS's control (Clauses 3.5, 4.6, 14) extend the delivery time by a reasonable period. In the event of default by ICS, the Client is entitled to withdraw from the contract only after setting a reasonable grace period of at least 14 days in writing; damages for delay are limited to cases of gross fault.
6. Acceptance
6.1 The Client shall examine the delivered services (intermediate steps and deliverables) without delay and notify material defects in writing and specifically within five (5) working days of provision. If no substantiated notice of defects is given within this period, the service is deemed accepted (deemed acceptance).
6.2 Acceptance is in any event deemed to have occurred upon approval, publication, broadcast, transfer to third parties or any other use of the service by the Client, and upon unconditional payment of the final invoice.
6.3 Minor defects that do not materially impair usability do not entitle the Client to refuse acceptance or withhold payment. Creative, design-related and taste-related deviations from the Client's expectations do not constitute a defect where the result conforms to the approved preliminary stages (treatment, storyboard, style frames, rough cut).
6.4 Partial acceptance is permissible; parts accepted cannot subsequently be objected to.
7. Prices, Payment Terms and Default
7.1 All prices are in euros, net, plus statutory VAT and, unless otherwise stated, exclusive of travel, accommodation, catering, transport, shipping, licence and other third-party costs, which are charged at actual cost against evidence. On third-party services organised by ICS on behalf of the Client, ICS is entitled to charge a handling fee of 15 %.
7.2 Unless otherwise agreed, the following payment schedule applies: 50 % of the order value upon placement of the order (due before the start of pre-production), 40 % before the start of production (shoot, recording, animation), 10 % upon delivery of the deliverables. For orders below EUR 10,000 net, 100 % is due upon placement of the order. For longer-running productions, ICS is entitled to issue monthly partial invoices according to progress. Third-party costs, in particular fees, location and equipment rentals, are payable in advance on request.
7.3 Unless otherwise stated, invoices are due within 14 days of the invoice date without deduction. Discounts are granted only by express agreement.
7.4 In the event of late payment, default interest is charged at the statutory rate pursuant to Section 456 UGB (9.2 percentage points above the base rate). The Client shall also reimburse ICS the lump sum of EUR 40 pursuant to Section 458 UGB and all reminder, collection and legal costs necessary for appropriate enforcement.
7.5 In the event of late payment, justified doubts as to the Client's solvency or the opening of insolvency proceedings, ICS is entitled to declare all outstanding claims immediately due, to make further services dependent on advance payments or security, to suspend the Production and to withhold delivery of deliverables. Any resulting disadvantages are borne by the Client.
7.6 The Client is not entitled to set off against claims of ICS or to withhold payments unless the counterclaim has been acknowledged by ICS in writing or established by a final court decision. A right of retention of the Client due to defects exists only to the extent of the reasonable cost of remedying the defect.
7.7 Payments are first applied to costs, then to interest and finally to the oldest principal claim, irrespective of any different allocation by the Client.
7.8 If more than four (4) months elapse between conclusion of the contract and the start of production, ICS is entitled to pass on cost increases that have occurred in the meantime (in particular fees, collective-agreement increases, equipment and energy costs) to a reasonable extent.
7.9 If the order is placed by a representative (agency, intermediary, producer) on behalf of a third party, the representative and the third party are jointly and severally liable for the remuneration unless ICS has expressly confirmed otherwise in writing.
8. Cancellation, Termination and Withdrawal
8.1 The Client may cancel an order only with the written consent of ICS. In the event of cancellation before the start of production, the Client owes, in addition to the remuneration for services already rendered and all third-party costs incurred or unavoidable, a lump-sum cancellation fee of 25 % of the net order value not yet performed. Clause 4.19 applies to cancellations after the start of production; Clause 4.7 applies additionally to cancelled or postponed dates.
8.2 Contracts for recurring services (retainers, content packages, social media management, maintenance) may, unless otherwise agreed, be terminated by either party in writing with three (3) months' notice to the end of a calendar quarter, at the earliest upon expiry of an agreed minimum term.
8.3 ICS is entitled to withdraw from the contract or terminate it without notice for good cause, in particular in the event of late payment despite a grace period of 7 days, breach of material obligations to cooperate, insolvency or inability to pay of the Client, requests for unlawful, discriminatory or reputation-damaging content, or a lasting breakdown of the relationship of trust. In such cases Clause 4.19 applies mutatis mutandis.
8.4 The exercise of a right of withdrawal or termination does not affect payment claims of ICS that have already arisen.
9. Copyright and Usage Rights
9.1 All services and work results provided by ICS (films, animations, designs, photos, music, sound design, texts, concepts, treatments, storyboards, websites, AI-generated content, raw material, project files) are protected by copyright and/or related rights. Copyright and related rights remain with ICS or the respective authors. ICS is the film producer within the meaning of the Austrian Copyright Act (UrhG).
9.2 The Client acquires in the accepted deliverables the right of use expressly designated in the offer or contract with regard to type of use, media, territory and duration. If nothing is agreed, a non-exclusive right of use is granted for the agreed production purpose, limited to online/social media use in Austria, Germany and Switzerland, for a period of twelve (12) months from delivery. TV, cinema, out-of-home, paid media, international, unlimited-term or exclusive uses and buy-outs require separate agreement and remuneration.
9.3 The grant of usage rights is subject to the condition precedent of full payment of the entire agreed remuneration including ancillary costs, change orders and re-licensing. Until full payment, any use, publication, broadcast or transfer of the services is prohibited. In the event of a breach, ICS is entitled to twice the appropriate remuneration (Section 87 (3) UrhG) as well as injunctive relief and removal.
9.4 Unless expressly agreed, the following are not transferred: the right to adapt, modify, shorten or re-dub the work results; rights to raw material, project files, individual frames (stills), music stems or source code; the right to transfer or sub-license to third parties (except group companies and commissioned media agencies for the agreed purpose); rights to drafts, concepts, pitch results and alternative versions not commissioned or rejected.
9.5 Any use beyond the granted scope (e.g. extended duration, additional media or territories, use after expiry) must be licensed separately in advance. If use occurs without re-licensing, the Client owes a fee equal to twice the customary licence fee for the extended use, without prejudice to the claims of contributing third parties (cast, music, voice artists).
9.6 Revenues from exploitation to third parties beyond the production purpose (e.g. licensing to streaming platforms, TV broadcasters, festivals, distributors) that is not expressly included in the usage right accrue to ICS and the Client in equal shares unless otherwise agreed; any such exploitation requires the prior consent of both parties.
9.7 ICS is entitled to be named as producer in the work results in the customary form (credits) and to use the work results as well as the Client's name and logo after publication for reference and self-promotion purposes (website, showreel, social media, festivals, awards, pitches), unless the Client objects in writing for good cause. Confidentiality must be maintained prior to publication by the Client.
9.8 The Client is not entitled to remove copyright notices, watermarks or credits. Modifications and adaptations of the work results by the Client or third parties require the consent of ICS; any resulting third-party claims are borne exclusively by the Client.
9.9 The use of work results or raw material as training data for AI systems is prohibited without a separate written agreement.
10. Warranty
10.1 ICS warrants that the deliverables conform to the agreed technical specifications and to the preliminary stages approved by the Client. The warranty period is six (6) months from delivery. Section 924 ABGB (presumption of defectiveness) and Section 933b ABGB (recourse) are excluded. The Client must prove the existence of a defect at the time of delivery.
10.2 Defects must be notified in accordance with Clause 6.1. ICS is initially entitled, at its option, to rectify or re-deliver; price reduction or rescission are available only if rectification or replacement is impossible or would involve disproportionate effort. Remedying a defect does not constitute an acknowledgement.
10.3 No warranty is given for defects attributable to Client Materials, Client specifications, subsequent changes by the Client or third parties, faulty playback, delivery or platform environments, or differences in colour and sound reproduction between end devices. No warranty is given for the achievement of specific commercial objectives (reach, conversions, awards, visibility, placements).
11. Liability
11.1 ICS is liable for damage – irrespective of the legal basis – only in cases of intent or gross negligence. Liability for slight negligence is excluded, except for personal injury. The Client bears the burden of proving gross negligence.
11.2 To the extent permitted by law, liability is excluded for loss of profit, indirect damage, consequential damage, pure financial loss, loss of data, lost savings, loss of interest, third-party claims and damage resulting from failure to achieve marketing or campaign objectives.
11.3 The liability of ICS is limited in amount, per claim and in total per order, to the net order value of the affected order, but not exceeding EUR 100,000, unless an insurance policy of ICS covers a higher amount.
11.4 ICS is not liable for the content, statements, product information and legal admissibility of content specified or approved by the Client (Clause 3.4), nor for the lawfulness of the use intended by the Client.
11.5 Claims for damages must be asserted in court within six (6) months of knowledge of the damage and the party causing it, failing which they are forfeited.
11.6 For items provided by the Client (products, props, vehicles, storage media), ICS is liable only in cases of gross negligence and only up to the current value; the Client must insure them adequately.
12. Confidentiality and Data Protection
12.1 Both parties shall treat all business and trade secrets, calculations, concepts, unpublished production content and contract terms obtained in the course of the cooperation as confidential and use them exclusively for the performance of the contract. This obligation continues for three (3) years after the end of the contract.
12.2 ICS processes personal data in accordance with the GDPR and the Austrian Data Protection Act (DSG). Further information is provided in the privacy policy on ICS's websites. Where ICS processes personal data on behalf of the Client (e.g. contributors, Client employees, testimonials), the parties will conclude a data processing agreement on request. The Client is responsible for obtaining the consent of persons depicted whom the Client provides.
13. Retention of Title
13.1 Physical items delivered (storage media, prints, props, set constructions) remain the property of ICS until full payment. Clause 9.3 applies accordingly to intangible work results.
14. Force Majeure
14.1 Events of force majeure (in particular natural events, extreme weather, epidemics and pandemics, official orders, strikes, war, terrorism, failure of energy, communication or IT infrastructure, unavailability of key persons due to illness or accident, unavailability of locations or suppliers) release ICS from its obligation to perform for the duration of the event and entitle ICS to reasonably postpone dates. Services already rendered and costs incurred must be remunerated. If the event lasts longer than three (3) months, either party may withdraw from the unperformed part of the contract.
15. Transfer of Contract and Assignment
15.1 ICS is entitled to transfer rights and obligations under the contract in whole or in part to an affiliated company or a legal successor and to assign claims under the contract; the Client hereby consents to such transfer of contract. The Client may assign rights under the contract only with the written consent of ICS.
15.2 In the event of restructurings, changes of company name or transfers of individual brands or business units within the ICS group, existing contracts are continued by the company performing the services; the Client acknowledges that company as its contractual partner.
16. Governing Law, Place of Performance and Jurisdiction
16.1 These T&C and all contracts, offers and legal relationships between ICS (including the brands dockyard and VAIN) and the Client are governed exclusively by Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law (in particular the Austrian IPRG and the Rome I Regulation). This applies even if the Client has its seat abroad or the Production takes place in whole or in part abroad.
16.2 The place of performance for all services and payments is the registered seat of ICS Media GmbH in 4810 Gmunden, Austria.
16.3 For all disputes arising out of or in connection with these T&C or a contract, including disputes concerning its formation, validity, interpretation, termination and settlement, the exclusive jurisdiction of the court having subject-matter jurisdiction for the company's registered seat in 4810 Gmunden, Austria, is agreed. For disputes falling within the jurisdiction of the regional courts, this is the Regional Court of Wels (Landesgericht Wels); for disputes within district-court jurisdiction, the District Court of Gmunden (Bezirksgericht Gmunden). This jurisdiction agreement also applies to Clients seated outside Austria (Art. 25 Brussels I Regulation (recast) / Art. 23 Lugano Convention).
16.4 Notwithstanding the foregoing, ICS is entitled to bring an action against the Client also at the Client's general place of jurisdiction or at the place where the Client's assets are located.
16.5 The contract language is German. Versions of these T&C in other languages (in particular this English version) are provided for information; in the event of discrepancies, the German version ("Allgemeine Geschäftsbedingungen – AGB") prevails.
17. Final Provisions
17.1 Amendments and supplements to a contract and to these T&C must be made in writing (e-mail suffices if confirmed by ICS); this also applies to any waiver of the written-form requirement. There are no oral side agreements.
17.2 Should individual provisions of these T&C or of a contract be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision. The same applies to gaps.
17.3 Declarations by ICS to the Client are deemed received if sent to the e-mail or postal address most recently notified by the Client.
17.4 ICS is entitled to amend these T&C. For ongoing contracts, the version in force at the time of conclusion applies; for new orders, the version published on www.ics-media.at or www.dockyard.at applies.
17.5 Headings are for convenience only and have no bearing on interpretation.
ICS Media GmbH · Cumberlandpark 97/3 · 4810 Gmunden · Austria · FN 99242 w · VAT ID ATU22010106
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