1. The following General Terms and Conditions (GTC) apply to all legal transactions between the voice artist Lisa Makivic, Lisa spricht e.U., Leopold-Kohr-Straße 1/1/32, 1220 Vienna, Austria (hereinafter referred to as "Voice Artist" or "Lisa Makivic") and the contractual partner (hereinafter referred to as the "Client"). The following General Terms and Conditions apply to all services between the Voice Artist and the Client in the version valid at the time of the order. The Voice Artist shall only conclude contracts on the basis of the following terms and conditions. The Client expressly acknowledges that he has taken note of these General Terms and Conditions in a legally binding manner, so that they have become part of the contract. This also applies in the event that the Client refers to his own general terms and conditions.
2. These GTC shall also apply to all future contractual relationships, even if no express reference is made to them in supplementary contracts.
3. Conflicting general terms and conditions of the Client are not part of the contract unless they are expressly recognized in writing by the Voice Artist.
1. Offers are always subject to change, contracts and other agreements shall only become binding upon written confirmation by Lisa Makivic; this applies in particular to agreements on the type and scope of the usage rights to be transferred to the Client or customer.
2. The objects and documents belonging to the offer, e.g. manuscripts, drafts and demo recordings, may only be examined by the Client as examples of the voice services offered by Lisa Makivic and must be returned to the Voice Artist immediately upon request or deleted.
3. When placing the order, the client must specify the customer, the product, the area of application and the period of use for the production or service. Lisa Makivic must be informed immediately of any changes.
4. As a rule, and unless otherwise stated in writing, an offer includes 1 free revision loop. Text changes are excluded from this. Each additional revision loop will be charged at cost, from a minimum fee of €150 net.
1. Every order placed with Lisa Makivic is a copyright contract aimed at the granting of rights of use of the voice productions and advertising services created by the Voice Artist. The rights of use of the productions created by Lisa Makivic shall be transferred to the client exclusively to the agreed extent, for the agreed time and for the agreed purpose.
2. All designs and finished productions are subject to copyright law. Its provisions shall apply even if the level of creation required under § 2 UrhG has not been reached. Suggestions made by the Client or his other cooperation shall not result in a reduction in remuneration and shall not constitute a joint copyright.
3. Neither the placing of an order nor the payment of the ordered production or advertising service shall constitute exclusivity or a non-competition clause to the detriment of Lisa Makivic. Exceptions to this require an express and written individual agreement. Still, Lisa Makivic shall remain entitled to use the voice productions and advertising services created by her elsewhere after the expiry of the client's time-limited right of exploitation, unless personal rights or ancillary copyrights of the client conflict with this exploitation.
4. The rights of use shall not pass onto the client until the agreed remuneration has been paid in full. Furthermore, Lisa Makivic is entitled to prohibit the client from further use of a voice production created by her with immediate effect if the client is more than 20 days in arrears with the payment that he owes within the framework of the business relationship existing with Lisa Makivic.
5. Lisa Makivic is entitled to use all productions and services or parts thereof, which have been created on behalf of clients, for the purpose of self-promotion free of charge in all media without restriction in terms of time and space. Lisa Makivic is entitled to mention the name of the client for this purpose.
6. The client is not entitled to use a commercial or parts of the commercial (cutdowns) created by Lisa Makivic for the production of another or new commercial, or in another medium or using new media such as the Internet, other multimedia applications, etc. without the approval of Lisa Makivic; a further usage fee shall be due in each case for the relevant approval. The same shall apply if industrial films and radio within the meaning of these Terms and Conditions are broadcast or published via a medium other than that agreed, including new media. In case of violation, Lisa Makivic reserves the right to charge an appropriate contractual penalty, but no less than twice the originally agreed usage fee. Cloning or recording into any AI programs is expressly prohibited.
1. Industrial films within the meaning of the contracts concluded by Lisa Makivic and these General Terms and Conditions are image films, product presentations, sales videos, store radio, educational and factual films, training videos, technical films and all similar films that are not conventionally used as films for radio, TV and cinema advertising or as advertising spots in such mass media. Industrial films or voice parts thereof may not be shown for any purpose other than the agreed purpose, may not be shown to any audience other than the contractually defined audience and, in particular, may not be published in a mass medium or used there for advertising purposes. Deviating agreements are only possible as an individual written agreement; in such a case, the following General Terms and Conditions for the broadcasting and distribution rights of radio, TV and cinema advertising, in particular commercials, shall apply accordingly.
2. The following license and usage regulations apply to radio, TV and cinema advertising and advertising spots that can or should be presented in comparable mass media:
a) Drafts (layouts) serve the client as a basis for his decision as to whether he wishes to use a commercial designed according to this layout. Commercials (spots) are radio, TV or cinema recordings that are suitable for broadcasting immediately or after adaptation to the selected mass medium and are approved for this purpose by Lisa Makivic and the client; the release of the layout and its approval as being in accordance with the contract shall be assumed if it has actually been broadcast with the knowledge and will of the client.
b) The client is entitled to use layouts of voice recordings provided or created by Lisa Makivic for presentations and market tests and to produce the motifs required by him from the voice material. However, the layouts may not be broadcast or otherwise made available to the general public for any purpose whatsoever without Lisa Makivic's approval; this also applies to the use of parts of the layout.
c) As a rule, and unless a different duration has been agreed in writing, commercials may be broadcast by the client for a period of 12 months, calculated from the release of the commercial by Lisa Makivic, but at the latest from the first broadcast, using the agreed medium within the agreed broadcasting area. If the client does not specify a broadcasting area on the order, local or regional use or the typical area of use of the client shall be assumed. The client must check this on the basis of the invoice at the latest and inform Lisa Makivic immediately in the event of use in broadcasting areas other than those specified on the invoice. Lisa Makivic's current price list must be consulted for verification purposes.
d) The client is not entitled to use a commercial or parts of the commercial created by Lisa Makivic for the production of another or new commercial, or in another medium or using new media such as the Internet, other multimedia applications, etc. without the approval of Lisa Makivic; an additional license fee shall be due for each such approval. The same shall apply if industrial films and radio within the meaning of these Terms and Conditions are broadcast or published via a different, possibly new medium than agreed.
3. Television reports, television and radio moderations are created by Lisa Makivic on the basis of individual agreements to be made with the client or organizer. The same applies to participation in the production of videos and multimedia applications that are offered for sale or used for advertising purposes. Insofar as an individual agreement is missing or does not contain any provisions regarding the client's broadcasting and distribution rights, the conditions set out above for commercials shall apply accordingly. Furthermore, the client undertakes not to make any audio and/or video recordings of presentations or events accessible to a wider public or to broadcast them in the media.
4. The client shall be responsible for informing Lisa Makivic prior to the first broadcast when a production created by Lisa Makivic will be broadcast, whether in whole or in part, whether in the original or in a modified form. This obligation to inform shall apply both to the first broadcast using the originally agreed medium and to the first broadcast using another medium, including new media; it shall also apply to the first broadcast within a new territory or the first broadcast beyond the agreed period. If information has not been provided prior to the first broadcast, it must be provided within twelve days of the first broadcast at the latest.
1. Lisa Makivic creates voice productions on the basis of the client's specifications. Texts submitted by the client for production shall be deemed approved. Lisa Makivic is not liable for errors in texts that have been submitted or approved by the client.
2. The client must check the productions created by Lisa Makivic immediately upon receipt. Complaints about productions created by Lisa Makivic must be made immediately after receipt of said productions.
3. Lisa Makivic delivers the productions according to the client's wishes by e-mail. Lisa Makivic is not liable for loss or delay in delivery, neither for direct nor consequential damages or losses.
4. Delivery time depends on the scope of work. For certain projects, delivery within 24 hours can be arranged upon confirmation by Lisa Makivic and for an additional fee of 20%.
1. Written individual agreements between the parties or the order confirmation issued by Lisa Makivic shall primarily apply to the amount of the individual fees. Verbal agreements are only authoritative if they have been confirmed in writing by Lisa Makivic. If there is no written agreement or order confirmation regarding the amount of the fee or if further contractual services are added during the course of the order processing, the fee shall be based on Lisa Makivic's price list applicable at the start of the order processing, which can be requested at any time.
2. if a client cancels or is unable to keep a production date agreed between the parties without canceling it in good time, the client shall pay Lisa Makivic the agreed fee less any expenses saved; Lisa Makivic may demand a flat rate of 40% of the agreed fee. A production date agreed for a working day shall be deemed to have been canceled in good time if it was canceled at least 24 hours before the start of the appointment.
3. If Lisa Makivic is unable to meet an agreed production date due to illness, Lisa Makivic shall not be liable for any costs and damages incurred as a result; the same shall apply if Lisa Makivic is unable to meet an agreed production date for other reasons for which she is not responsible.
4. The agreed fee is always subject to the statutory value added tax at the respective statutory rate. Payments must always be made within 7 days of the invoice date in such a way that the invoice amount is available on the due date at the latest.
5. Offsetting against any counterclaims disputed by Lisa Makivic is not permitted unless the counterclaims have been legally established. The assertion of a right of retention due to unrecognized or not legally established counterclaims is excluded, unless these claims are based on the same contractual relationship.
6. Lisa Makivic reserves the right to charge reminder fees and default interest (consumer transactions: 4%/year, B2B transactions: [prime rate + 9.2%]/year) in the event of late payment.
1. Lisa Makivic is not liable for the content of the productions. In this respect, Lisa Makivic works exclusively on the instructions and in the interests of the client, without Lisa Makivic having any influence on the content of the productions. Lisa Makivic therefore assumes no liability for competition, copyright, trademark and other legal consequences of a production resulting from the content and form specified by the client, neither in relation to the client nor in relation to third parties. This also applies to productions that Lisa Makivic handles for the client in addition to her own language services or which Lisa Makivic directs.
2. In any case, the liability of Lisa Makivic from the breach of contractual secondary obligations, fault from the conclusion of the contract or from legal bases of tort law or the law of industrial property rights is excluded, unless it is based on intent or gross negligence by Lisa Makivic or one of her vicarious agents.
1. Lisa Makivic treats the data of clients confidentially and only makes them available to third parties to the extent permitted by data protection laws or with the consent of the client. Lisa Makivic points out that she processes the data of her clients electronically.
1. Place of fulfillment of the mutual contractual obligations is Vienna, Austria. Payments must be made by the client at the registered office of Lisa Makivic.
2. The place of jurisdiction for all legal disputes shall be the place of jurisdiction responsible for Vienna, insofar as the client is a merchant, a legal entity under public law or a special fund under public law.
3. The law of the Federal Republic of Austria shall apply to all legal relationships between the contracting parties, including the General Terms and Conditions set out herein.
4. Should a clause of the above General Terms and Conditions or any other contractual provision within the framework of other agreements between the parties be or become invalid, this shall not affect the validity of all other provisions or agreements. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
Vienna, 19.05.2025
