Terms & Conditions
1. scope of application
These General Terms and Conditions (GTC) apply to all business relationships between [company name] (hereinafter “Contractor”) and its clients (hereinafter “Client”) in the field of communications consulting, strategy development, content creation and related services.
A distinction is made between entrepreneurs and consumers within the meaning of the Austrian Consumer Protection Act (KSchG).
Deviating or supplementary terms and conditions of the client shall only become part of the contract if they are expressly recognized in writing.
2. scope of services
The specific scope of services is set out in the respective offer, contract or written agreement between the parties.
The Contractor shall provide consulting services to the best of its knowledge and belief. No specific economic or communicative success is owed.
3. conclusion of contract
Offers made by the Contractor are subject to change and non-binding. A contract is concluded by written confirmation (e.g. by e-mail) or by conclusive behavior.
4. obligations of the client to cooperate
The client undertakes to provide all information, documents and access required for the provision of services in good time and in full.
Delays due to insufficient cooperation shall not be borne by the Contractor.
5. remuneration
Remuneration is based on the agreed offer (e.g. hourly rate, flat rate or project price).
Unless otherwise stated, all prices are net prices plus statutory VAT.
Additional services that are not included in the original offer will be charged separately.
6. terms of payment
Unless otherwise agreed, invoices are due within 14 days of the invoice date without deduction.
In the event of late payment, the following default interest shall apply:
- towards consumers: 4 % p. a.
- to entrepreneurs: 9.2 percentage points above the base interest rate (§ 456 UGB)
The Contractor shall be entitled to charge reminder fees in accordance with the statutory provisions.
7 Dates and deadlines
Agreed deadlines are only binding if they have been expressly confirmed as binding in writing.
The Contractor shall not be liable for delays caused by force majeure or by the Client.
8. copyrights and rights of use
All concepts, texts, strategies and content created by the contractor are subject to copyright.
After full payment, the client shall receive a simple, non-transferable right of use for the agreed purpose.
Any other use requires the written consent of the contractor.
9. warranty
The statutory warranty provisions apply.
The warranty period for entrepreneurs is 6 months from the date of performance.
10. liability
The Contractor shall only be liable for damages in the event of intent or gross negligence.
In the event of slight negligence, the Contractor shall only be liable for breach of material contractual obligations (cardinal obligations), and liability shall be limited to the typically foreseeable damage.
Liability for personal injury remains unaffected.
Liability for loss of profit, consequential damage or indirect damage is excluded to the extent permitted by law.
11. right of withdrawal (for consumers)
In the case of distance selling contracts, consumers have the right to withdraw from the contract within 14 days without giving reasons (Distance and Off-Premises Selling Act – FAGG).
The period begins with the conclusion of the contract.
If, at the express request of the consumer, the Contractor has already commenced performance before the expiry of the withdrawal period, a pro rata amount may be charged for services already rendered.
There is no right of withdrawal if the service has been provided in full and the consumer has given their express prior consent.
12. data protection
The Contractor processes personal data in accordance with the General Data Protection Regulation (GDPR).
Further information can be found in the privacy policy.
13. termination
Unless otherwise agreed, contracts can be terminated in writing by either party with 14 days’ notice.
In any case, services already rendered shall be remunerated.
14. final provisions
Austrian law shall apply to the exclusion of the conflict of law rules.
For consumers, the statutory place of jurisdiction applies.
For entrepreneurs, the place of jurisdiction shall be the Contractor’s registered office.
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.