As of: April 2026
(1) These General Terms and Conditions (GTC) apply to all contracts between Filip Spasevski, sole proprietorship (Virall Media) (hereinafter "Contractor") and the customer (hereinafter "Client") for the provision of social media marketing services, in particular POV content creation with Meta Ray-Ban Smart Glasses, video production, social media management and community management.
(2) Deviating, conflicting or supplementary terms and conditions of the Client shall not become part of the contract unless their validity is expressly agreed to in writing.
(3) These GTC also apply to all future business relationships, even if they are not expressly agreed upon again.
(1) Validity of offers: The Contractor's offers are valid for 2 weeks from the date of issue. After this period, prices and conditions may change.
(2) A contract is concluded through the Client's acceptance of the offer and the Contractor's written order confirmation.
(3) Amendments and additions to the contract require written form. This also applies to the waiver of the written form requirement. Email communication is considered written form.
(1) Individual agreement: The Contractor provides social media marketing services in accordance with individually agreed arrangements. The specific scope of services is discussed individually with each client and recorded in the respective contract or order confirmation.
(2) The Contractor owes the provision of the agreed services, but not a specific result (e.g., reach, follower numbers, revenue increase, viral videos), unless otherwise agreed in writing.
(3) The following services may be provided, among others:
(1) Provision: The Contractor provides the Client with Meta Ray-Ban Smart Glasses for the duration of the collaboration. The glasses remain the property of the Contractor.
(2) Training: The Contractor provides comprehensive training in the use of the Smart Glasses. This includes:
(3) Responsibility for handling: After training, the Client is responsible for careful handling and storage of the Smart Glasses. This includes in particular:
IMPORTANT – Usage restrictions:
(4) Liability for damage or loss: In case of damage, destruction or loss of the Smart Glasses through the Client's fault, the Client is liable for the full replacement or repair costs. Normal wear and tear from proper use is excluded.
(5) Return: Upon termination of the contract, the Smart Glasses must be returned immediately to the Contractor in perfect condition.
(1) Recordings by the Client:
When the Client or their employees record videos themselves with the provided Smart Glasses:
(2) Recordings by the Contractor:
When the Contractor personally creates videos on-site (e.g., at the Client's restaurant, studio, shop):
PROHIBITED CONTENT:
The following content must under no circumstances appear in videos:
Client's responsibility: If the Client's employees create videos, the Client must ensure that they are informed about prohibited content and trained accordingly. The Client is liable for violations.
(1) The Client undertakes to provide the Contractor with all information, access and materials required for the execution of the order in a timely manner.
(2) The Client ensures that they hold all necessary rights (in particular usage rights, personality rights, GDPR consents) to the provided materials and recorded persons.
(3) For on-site content creation, the Client provides suitable access and workspace.
(4) The Client undertakes to inform their employees about the use of the Smart Glasses and content guidelines.
(5) Delays caused by the Client's untimely or incomplete cooperation shall not be at the Contractor's expense and may lead to an adjustment of delivery deadlines.
(1) Compensation is based on the current price list or the individually agreed price. All prices are net prices plus statutory VAT.
(2) For monthly packages, billing occurs monthly in advance on the 1st of each month. Payment is due within 7 days of the invoice date.
(3) For credit packages, payment is due after contract conclusion and before service commencement or as separately agreed.
(4) Dunning procedure for late payment:
In case of late payment, the following three-stage dunning procedure applies:
1st Reminder (Payment reminder):
2nd Reminder:
3rd Reminder (Final reminder):
(1) Upon full payment, usage rights to the created content (videos, graphics, texts) transfer to the Client. The Client receives a simple, unlimited usage right in terms of territory and time.
(2) Copyright remains with the Contractor or the involved creatives.
(3) Transfer of usage rights to third parties requires the prior written consent of the Contractor.
(4) The Contractor is entitled to use the created content for their own reference purposes (portfolio, website, social media), unless the Client expressly objects.
(1) Monthly packages – Minimum term:
The contract is concluded for a minimum term of 6 Monaten oder 12 Monaten (depending on the chosen package and individual agreement). The specific duration is recorded in the contract.
(2) Renewal: After expiration of the minimum term, the contract is automatically extended by one month at a time unless terminated with 1 month's notice to the end of the month.
Negotiation of contract duration:
Both contracting parties may propose a change in contract duration (shortening or extension) at any time.
Prerequisite: Changes to the contract duration require the written consent of both parties. Email communication is considered written form. The change only becomes effective after mutual confirmation.
(3) Credit packages: Credits are valid indefinitely and do not expire. They can be redeemed at any time, even after months or years, for agreed additional services. No termination is required.
(4) Termination requires written form. Email is sufficient.
(5) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in cases of:
(1) The Contractor provides its services to the best of its knowledge and belief, in accordance with the rules of technology and current best practices in social media marketing.
(2) In case of justified complaints, the Contractor will remedy defects or repeat the service within a reasonable period (supplementary performance).
(3) Obvious defects must be reported in writing by the Client within 7 days of service delivery. Hidden defects must be reported immediately upon discovery.
(4) If supplementary performance fails, the Client may, at their choice, demand a reduction or withdraw from the contract.
(1) The Contractor is liable without limitation for intent and gross negligence as well as for injury to life, body or health.
(2) In cases of slight negligence, the Contractor is only liable for breach of essential contractual obligations (cardinal obligations). Liability in this case is limited to foreseeable, contract-typical damages.
(3) Liability for lost profits, production losses or indirect damages is excluded to the extent permitted by law.
(4) No guarantee of success: The Contractor does not guarantee the achievement of specific reach, follower numbers, engagement rates or other measurable results through social media marketing, unless expressly guaranteed in writing.
(5) The Client is liable for damages arising from the breach of their cooperation obligations or from providing incorrect information.
(1) The Contractor undertakes to treat all information learned in the course of the business relationship as confidential and not to disclose it to third parties.
(2) The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR). Further details are governed by the privacy policy.
(3) If required, a separate data processing agreement (DPA) pursuant to Art. 28 GDPR will be concluded.
(4) The Client is responsible for obtaining all required GDPR consents from persons appearing in videos. The Contractor supports with templates and advice but bears no legal responsibility for implementation by the Client.
(1) The Contractor is not responsible for changes to the terms of use, algorithms or technical problems of social media platforms (Instagram, TikTok, YouTube, Facebook, etc.).
(2) The Client ensures that they own the accounts on the social media platforms and have the necessary access rights.
(3) The Contractor is not liable for blocking or deletion of accounts or content by the platforms, unless caused by the Contractor's fault.
(4) The Contractor makes every effort to comply with platform guidelines but cannot guarantee the permanent availability of content.
Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid one that most closely approximates the economic purpose of the invalid provision.
(1) Austrian law exclusively applies to all legal relationships between the Contractor and the Client, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction for all disputes arising from or in connection with this contract is Vienna, provided the Client is an entrepreneur, a legal entity under public law or a special fund under public law.
(1) Amendments and additions to these GTC as well as all agreements require written form to be effective. Email communication is considered written form.
(2) The Contractor reserves the right to amend these GTC with 4 weeks' notice. If the Client does not object to the validity of the new GTC within 4 weeks of receiving the amendment notification, the amended GTC shall be deemed accepted.
If you have questions about our GTC, please contact us:
Virall Media
Filip Spasevski
Treustraße 61-69/4/8
1200 Wien
Telefon: +43 678 1222025
E-Mail: info@virall.at
Website: www.virall.at