Terms of Service

Version of 8 November 2026. These Terms of Service ("Terms") govern the use of the website onshot.online / onshot.netlify.app, of our Instagram account @onshot.online including its automated comment and message replies, and all photo, video, marketing and management services provided by ONSHOT.

1. Provider

ONSHOT, Benjamin Huemer (sole proprietor), Veilchengasse 4, 2402 Haslau an der Donau, Austria. VAT ID: ATU81973606. Trade: film production. Supervisory authority: Bezirkshauptmannschaft Bruck an der Leitha. Member of the Austrian Economic Chamber (WKO).
Email: onshot.online.mgmt@gmail.com · Phone: +4366499709997. Full details: Legal Disclosure.

2. Scope

  • These Terms apply to all contracts between ONSHOT and its clients ("Client"), both consumers within the meaning of the Austrian Consumer Protection Act (KSchG) and businesses, and to every use of our website and Instagram channels.
  • Deviating or conflicting terms of the Client only apply if ONSHOT has expressly agreed to them in writing.
  • Individual written agreements (offer, order confirmation, contract) take precedence over these Terms.
  • Mandatory consumer protection provisions remain unaffected by these Terms in every case.

3. Our services

ONSHOT offers in particular: event, concert and club photography and videography; photo and video shootings; recording sessions; editing, colour grading and post-production; short-form video content (e.g. Reels); content and social media marketing; and artist management. The exact scope, date, location, duration, number of deliverables, formats and price result from the respective offer or order confirmation.

4. Conclusion of contract

  • Information on the website and on Instagram is non-binding and does not constitute a binding offer.
  • A contract is concluded when ONSHOT confirms a booking request in writing (including email or Instagram direct message) or begins performing the service.
  • An automated reply of our Instagram bot (e.g. after a keyword comment) is information only and never constitutes acceptance of a contract or a booking.

5. Prices and payment

  • Prices are stated in euros. For consumers, prices are stated including any applicable VAT. For businesses, prices are net plus statutory VAT unless stated otherwise.
  • Travel costs, accommodation, special equipment, location fees, model or third-party fees are charged separately only if they are stated in the offer.
  • ONSHOT may request a deposit of up to 50 % of the agreed fee when the booking is confirmed; the date is reserved only once the deposit has been received.
  • Invoices are payable within 14 days of the invoice date without deduction. In case of late payment, statutory default interest is charged (§ 1000 ABGB for consumers; § 456 UGB for businesses), as well as necessary and appropriate collection costs.
  • Rights of use under section 9 are granted only after full payment.

6. Client's obligations to cooperate

  • The Client provides in good time all information, access, permits and contact persons necessary for the service (e.g. venue access, photography permission of the venue or organiser, timetable).
  • Where people are to be photographed or filmed in a targeted way (e.g. models, performers, staff), the Client is responsible for obtaining their consent unless ONSHOT has expressly agreed to do so.
  • Delays or additional costs caused by missing cooperation are borne by the Client.

7. Postponement and cancellation

  • Postponements are possible by mutual agreement and subject to availability.
  • If the Client cancels a confirmed date without a reason attributable to ONSHOT, the following cancellation fees apply, unless the Client proves that ONSHOT suffered no or a lower loss: more than 30 days before the date: the deposit is retained; 30 to 8 days before: 50 % of the agreed fee; less than 8 days before: 80 % of the agreed fee; on the day itself or no-show: 100 % of the agreed fee. For consumers, the judicial right of moderation (§ 1336 ABGB) remains unaffected.
  • If ONSHOT cannot perform due to illness, accident, force majeure or other unforeseeable reasons beyond its control, ONSHOT will try to arrange a qualified replacement; if this is not possible, payments already made are refunded in full. Further claims are excluded within the limits of section 11.
  • If the event is cancelled by the organiser or by authorities, already performed services and incurred costs are charged; payments exceeding this are refunded.

8. Delivery, selection and editing

  • Unless agreed otherwise, ONSHOT delivers a selection of edited photos/videos in digital form (download link) within the agreed delivery period; if no period is agreed, within a reasonable period, as a rule 14 days for photos and 30 days for videos.
  • Selection of images, image composition, editing and artistic style are at the discretion of ONSHOT, based on its recognisable style. Differences in taste do not constitute a defect.
  • Raw files (RAW / unedited footage) are not part of the delivery unless expressly agreed.
  • Delivered files are kept by ONSHOT for at least 3 months after delivery. The Client is responsible for backing up delivered files; ONSHOT owes no long-term archiving.
  • Up to one round of reasonable corrections is included for video edits; further changes are charged by time spent.

9. Copyright and rights of use

  • All photos and videos are works protected under the Austrian Copyright Act (UrhG). Copyright remains with ONSHOT / Benjamin Huemer.
  • After full payment, the Client receives a simple (non-exclusive), non-transferable right to use the delivered material for the purpose agreed in the offer. Unless agreed otherwise this means: private use for consumers; for businesses, use for their own promotion on their own website and social media channels. Advertising campaigns, paid ads, print runs, resale, licensing to third parties or use in AI training require a separate written agreement.
  • Editing, cropping beyond the usual adjustment to platform formats, or applying filters that change the character of the work requires ONSHOT's consent.
  • Credit: when published, ONSHOT must be named as author in the usual form (e.g. "@onshot.online" or "Photo: ONSHOT") (§ 20 UrhG).
  • ONSHOT may use the material for its own portfolio, website and social media, unless the Client objects in writing before the booking or legitimate interests of the persons depicted outweigh it (§ 78 UrhG). Persons depicted may object at any time; see our Privacy Policy.

10. Persons depicted and events

  • At public events, guests may be photographed or filmed as part of the general atmosphere. Organisers are asked to inform their guests accordingly (e.g. by notice at the entrance).
  • Anyone who does not want to be photographed or published can tell us on site or contact us afterwards; we will then not publish or remove the image without undue delay.
  • Processing of personal data is governed by our Privacy Policy.

11. Warranty and liability

  • Statutory warranty rights apply (§§ 922 ff ABGB). For businesses, defects must be reported in writing within 14 days of delivery (§ 377 UGB applies accordingly).
  • ONSHOT is liable without limitation for intentional and grossly negligent conduct and for personal injury. For slight negligence, ONSHOT is liable towards businesses only for breach of essential contractual obligations and limited to the foreseeable, typical damage, at most the agreed fee; towards consumers, liability for slight negligence is excluded only for damage other than personal injury and not for damage to items taken into care (§ 6 (1) Z 9 KSchG).
  • ONSHOT uses professional equipment and backup copies. Should material nevertheless be lost or damaged through technical failure (e.g. memory card failure) without gross negligence, liability is limited to the refund of the fee paid for the affected part.
  • Statutory product liability claims remain unaffected.

12. Right of withdrawal for consumers

  • Consumers who conclude a contract exclusively by means of distance communication (e.g. email, Instagram message, phone) generally have a right to withdraw within 14 days of the conclusion of the contract without giving reasons (§ 11 FAGG). The withdrawal can be declared by a clear statement to the contact details in section 1; sending it within the period is sufficient.
  • No right of withdrawal exists for leisure-related services (in particular event photography/videography) if a specific date or period of performance is agreed (§ 18 (1) Z 10 FAGG).
  • If the Client expressly asks ONSHOT to start the service before the end of the withdrawal period, the Client pays a proportionate amount for the services already performed in case of withdrawal (§ 16 FAGG); the right of withdrawal ends once the service has been fully performed (§ 18 (1) Z 1 FAGG).
  • Model withdrawal form: "To ONSHOT, Benjamin Huemer, Veilchengasse 4, 2402 Haslau an der Donau, onshot.online.mgmt@gmail.com: I/We hereby withdraw from the contract concluded by me/us for the provision of the following service: ... / Ordered on: ... / Name: ... / Address: ... / Date: ... / Signature (only on paper)."

13. Instagram channel and automated replies

  • Our Instagram account uses the official Instagram API from Meta to reply automatically to certain comments and direct messages, e.g. when you comment a keyword under a post. Automated replies are general information and may be inaccurate or incomplete; binding statements only come from ONSHOT in person.
  • By commenting a keyword or writing to us, you ask us to reply to you, including by direct message. You can stop this at any time by writing "STOP" or by not interacting further.
  • Do not send sensitive personal data, passwords or payment data via Instagram.
  • Offensive, unlawful, spam or automated content in comments or messages may be hidden, deleted or reported; such accounts may be blocked.
  • The use of Instagram is additionally subject to Meta's terms and policies. Instagram is a trademark of Meta Platforms, Inc.; ONSHOT is not affiliated with or endorsed by Meta.
  • Data processing in connection with Instagram is described in the Privacy Policy; deletion requests: data deletion instructions.

14. Use of the website

  • All texts, photos, videos, logos and designs on this website are protected by copyright. Any copying, downloading for re-publication, framing or use for AI training without our written consent is prohibited.
  • We strive for correct and up-to-date content but give no warranty for completeness, accuracy or availability of the website. We may change or discontinue the website at any time.
  • We are not responsible for the content of external links; see the Legal Disclosure.

15. Applicable law, jurisdiction, dispute resolution

  • Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law does not remove the protection of mandatory provisions of the law of the country of their habitual residence.
  • For businesses, the exclusive place of jurisdiction is the competent court for 2402 Haslau an der Donau (Bezirksgericht Bruck an der Leitha / Landesgericht Korneuburg). For consumers resident in Austria, the statutory jurisdiction under § 14 KSchG applies.
  • We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

16. Final provisions

  • Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. Towards businesses, the invalid provision is replaced by a valid one that comes closest to its economic purpose.
  • Amendments and additions to contracts must be made in writing; email is sufficient.
  • We may update these Terms for future contracts. The version valid at the time of the contract applies to existing contracts.