Terms of business

1. Who these terms are between

These terms govern the agreement betweenStatus izobraževanje Barbara Polutnik Brusnik, s. p.(Sertuga Production Co., "we", "us"), registered atGlavni trg 30, 2380 Slovenj Gradec, Slovenia, VAT ID SI17462592, and the business commissioning the work ("you", "the client").

We contract only with businesses acting for purposes of their trade or profession, and we confirm this before accepting a project. By engaging us you confirm you are acting in that capacity. Because you are not a consumer, consumer protection rules, including the 14-day right of withdrawal from distance contracts under the Slovenian Consumer Protection Act (Zakon o varstvu potrošnikov, ZVPot-1), do not apply.

2. Quotes and how a project starts

• Every project is quoted individually after a call or an email exchange. We publish no fixed prices.
• A quote sets out the deliverables, the number of variants, the formats, and the schedule. It is valid for 30 days unless stated otherwise.
• A project begins when you accept the quote in writing (email is sufficient) and, where applicable, the deposit has been received.
• Anything not listed in the quote is not included. Additional work is quoted separately before it is started.

3. Fees, deposits and payment

• Unless agreed otherwise, 50% of the fee is payable before production begins and the balance on delivery.
• Invoices are payable within 15 days of the invoice date.
• Prices exclude VAT. Slovenian clients are charged Slovenian VAT. For business clients established elsewhere in the EU with a valid VAT number, we do not charge Slovenian VAT and the client accounts for VAT under the reverse charge. For business clients outside the EU, no Slovenian VAT is normally charged. Different treatment may apply to some services, such as those tied to a specific location, and any such treatment will be stated in the quote.
• Late payment carries statutory default interest under Article 378 of the Slovenian Obligations Code (Obligacijski zakonik, OZ) at the rate set by the Prescribed Default Interest Rate Act (ZPOMZO-1), and, where the law allows, EUR 40 recovery compensation per overdue invoice under Article 14 of the Prevention of Late Payments Act (ZPreZP-1), plus any further recoverable costs. We may suspend work and withhold delivery while an invoice is overdue.
• Third-party costs — talent, studio hire, licences, props, travel, AI generation credits beyond the agreed scope — are either included in the quote or invoiced at cost, and are agreed with you in advance.

4. Your material, and what you promise us about it

You will supply the product samples, brand assets and information the project needs, on the agreed dates. Delays in supplying these move the schedule accordingly.

You confirm that, for everything you give us:

• you own it or have the right to let us use it for the campaign;
• you hold any necessary model, property or music releases;
• its use does not infringe anyone else's rights;
• the claims you ask us to put into creative are accurate and lawful in the markets where the campaign will run.

You agree to indemnify us against third-party claims arising from material you supplied or claims you instructed us to make.

5. Revisions and approval

• Each deliverable includes two rounds of revisions within the agreed creative direction, unless the quote says otherwise.
• A change of direction after approval of a concept, shot list or first cut is new work, quoted separately.
• If you raise no revisions within 10 working days of delivery, the revision round closes and the deliverable counts as approved for scheduling and payment. This does not affect your rights for defects you could not reasonably have noticed, or rights that cannot be excluded by law.

6. Intellectual property and licensing

• On full payment, we grant you a non-exclusive licence, in writing by these terms, to reproduce, distribute, publicly communicate and adapt (including cropping and reformatting) the delivered final assets for your own advertising, marketing and commercial purposes, worldwide, for the full term of protection, in all forms of use known at the date of the agreement. You may allow your agencies, printers and media platforms to use the assets for your campaigns. Until full payment, no rights pass and the assets may not be used. Where the quote states an exclusive transfer of material rights, it takes effect on full payment, within the scope the quote sets. Moral rights stay with the authors and cannot be transferred under Article 79 of the Slovenian Copyright and Related Rights Act (ZASP). Working files, raw footage, prompts, project files, presets and methods are not deliverables, and no rights in them pass unless the quote says so.
• You may not resell or sublicense the assets as stock material, or present them as another party's work.
• Portfolio right. We may show the delivered work in our portfolio, on this site and in pitches, unless the quote records that you have opted out. If the campaign is confidential before launch, tell us and we will hold it back until you release it.

7. How the work is produced, including AI

We produce campaign creative using whichever method gets the best result: generative AI tools, studio and location photography and video, drone work, or a combination inside a single job. The quote states which methods a project uses, and we will tell you plainly if you ask.

• We will tell you in writing which deliverables contain AI-generated or manipulated content, and will supply them with the disclosure we consider Article 50 of the EU AI Act requires. You must keep that disclosure in place, or apply an equivalent one we have agreed, wherever you publish. You must tell us the markets and platforms where you will publish. You are responsible for complying with platform rules and with the law on the claims made in your advertising. Each party remains responsible for the duties the law places on it.
• Purely AI-generated output may not be protected by copyright. To that extent your right to use it rests on this agreement, and we cannot stop third parties using similar or identical material.
• We do not produce synthetic depictions of real, identifiable people without a signed release, and we do not imitate another brand's protected assets.

8. Subcontractors

We may engage photographers, crew, retouchers or other specialists to deliver part of a project. We remain responsible to you for the work as a whole, and we bind subcontractors to equivalent confidentiality obligations.

9. Confidentiality

Each of us will keep the other's non-public information confidential and use it only for the project. This survives the end of the project. It does not cover information that is already public, independently developed, or required to be disclosed by law.

10. Schedules, delays and cancellation

• Delivery dates are estimates given in good faith and depend on you meeting the agreed approval and material deadlines.
• Neither party is liable for delay caused by events outside its reasonable control, including illness, equipment failure, weather affecting a shoot, or failure of a third-party platform.
• The 50% first payment is an advance on the fee. If you cancel after acceptance, you pay for work done and for third-party costs committed up to that date, plus any cancellation charge stated in the quote. We credit the advance against these amounts and return any balance. If we cancel without cause, we return the advance for work not done.
• We may end a project for non-payment, or if we are asked to produce something unlawful, deceptive, or in breach of a third party's rights.

11. Liability

• Except as stated below, our total liability arising out of a project is limited to the total fee for that project. Except as stated below, we are not liable for indirect loss, lost profit, lost sales or lost advertising spend, or for campaign performance. These limits do not apply to loss caused intentionally or through gross negligence, to harm to life or health, or to any liability that cannot be limited under mandatory law.

12. Data protection

Each party complies with the GDPR in its own role. Where we process personal data on your behalf as part of a project, we do so on your documented instructions, and we will sign a data processing agreement if you need one. See ourprivacy policy.

13. Archiving

We keep delivered files and project material for 12 months after delivery, then we may delete them. Keep your own backups; recovering material after that period is not something we can promise.

14. Governing law and disputes

These terms and any non-contractual obligations connected with them are governed by the law of the Republic of Slovenia. The UN Convention on Contracts for the International Sale of Goods does not apply. The competent court in Slovenia at our registered seat has exclusive jurisdiction. By accepting a quote that refers to these terms you confirm this agreement in writing.

15. General

• If any provision is found unenforceable, the rest stays in force.
• Changes to an agreed scope are valid only in writing, and email counts as writing.
• These terms, together with the accepted quote, are the entire agreement between us.

Questions about these terms: [email protected].

This page is published in Slovenian and English. For clients established or receiving the services in Slovenia, the Slovenian version prevails. For all other clients, the English version prevails.