All transactions between the customer and the provider only these "Uniform Conditions". Any terms and conditions of the customer shall only be effective if they are accepted by the Agency in written form. Of these, "Uniform Conditions" deviant or these agreements require the written form.
Should any of these "Uniform Conditions" should be invalid, this shall not affect the validity of the remaining provisions and concluded on their basis. The invalid provision shall be replaced by a valid one which comes to the meaning and purpose of the invalid.
The offers are subject to confirmation by the Agency. The customer is bound to his order for two weeks from this access to the Agency. Customer orders are valid only after written confirmation of the Agency adopted, even if the agency does not - is to recognize that it takes on the job - for example through action on the basis of the order.
Performance and Fees
Unless otherwise agreed upon, the fee to the agency for each individual service as soon as it has been provided. The Agency is entitled to demand advance payments to cover its expenses. For the services provided and the compensation of the rights given the agency a fee in the amount of 15% "of goods traded her advertising budget.
All services of the agency, which are not expressly settled by the agreed fee will be paid separately. This is especially true for all ancillary services of the agency.
All of the adult provider of pocket expenses. Beyond the usual business operations beyond (eg courier services, extraordinary shipping costs or travel) must be replaced by the customer
Estimates of the agency are not binding. If it is foreseeable that the actual costs of the Agency in writing of the estimated exceed by more than 20 percent, the agency will inform the customer of the higher costs. The cost overrun is considered approved by the customer, unless the customer within three days after this notice contradicts and simultaneously announces cheaper alternatives.
For all of the Agency, which for some reason does not always go to the execution, the agency deserves a fair compensation. By paying this fee, the customer acquires no rights in such works; udgl not executed concepts, designs. Rather, the agency is immediately reset.
Hosting and Webspace
Unless otherwise agreed, all hosted websites / sites can bring a maximum of 30 MB of web space. The settlement must be made annually for payment is 14 days net. It is otherwise agreed in writing, the Web hosting is automatically renewed at the end of another year.
Web hosting can annually terminated at the end of the year are down (notice: a month). Cancellations must therefore later than the last business day prior to 1.12. with us to be received.
To participate in presentations is the agency to a reasonable fee, which covers at least the entire staff and operating expenses of the Agency for the presentation as well as the costs of all third-party services. If the agency after the presentation of any job, you still have all the agency's services, in particular the presentation of documents and their contents owned by the provider and the customer is not entitled to this - to use in any form continues, the documents are to be immediately to the Agency reset.
Are in the course of a presentation submitted ideas and concepts for the solution of communication tasks not exploited in designed by the advertising agency, the agency is entitled to use the presented ideas and concepts elsewhere.
The passing of presentation documents to third parties and their publication, reproduction, distribution or other use without the express consent of the Agency is not allowed.
Ownership and copyright protection
All services of the agency including presentations (eg, suggestions, ideas, sketches, drafts, scribbles, final drawings, blueprints, negatives, slides), and parts thereof, remain as well as the individual pieces and original drafts in the ownership of the agency and to the Agency at any time - be reclaimed - especially at the end of the agency agreement. The customer purchases by paying the fee only the right to use (including duplication) for the agreed purpose and the agreed scope of use. Unless otherwise agreed with the Agency, the customer may use the services of the agency only themselves, only in Austria and only for the duration of the agency agreement.
Changes of agency performance by the customer only with the express consent of the agency and - allowed the author - as far as the services are protected by copyright.
For the use of the agency's services, which goes beyond the originally agreed purpose and scope of use - regardless of whether that service is protected by copyright - the approval of the agency required. This is what the Agency and the author to a separate equitable remuneration appropriate principle is retained in the agency fee agreement, but at least in the amount of 7.5% "of the customer to all persons involved in the production, distribution or publication of the advertisement third consideration paid.
For the use of the agency's services and advertising media, for which the agency has developed conceptual or design templates, after the agency contract is whether these services are protected by copyright - also the approval of the agency necessary.
For that of the agency on the 1st Year after the end of the full entitlement of the expired contract agreed agency fee, usually 15% to. In the 2nd and 3 Year after the expiration of the contract only half or a quarter of the contractually agreed remuneration. From the 4th Year after the end of any agency fee has to be paid more.
The agency has the right to refer to all advertising and all advertising on the agency and possibly the author, without the customer would be entitled to a payment claim.
All services of the agency (especially all drafts, sketches, artwork, proofs, blueprints and color prints) must be checked by the customer and release within three days. If timely release they are approved by the Client.
The customer will be checked include the legal, above all the competition and trademark law admissibility of the Agency. The Agency causes an external legal review only at the written request of the customer, the costs associated with the customer has to bear.
The agency strives to meet the agreed deadlines. The late delivery of eligible customers but only to assert his legal rights if he has the agency granted a grace period of 14 days. This period begins with the receipt of a reminder to the agency. An obligation to pay damages from the title of the default only in the case of intent or gross negligence of the Agency. Unavoidable or unforeseen circumstances - in particular delays in contractors of the agency - release the Agency in any case subject to compliance with the agreed delivery date.
The Agency shall prepare an offer with included ordering form.
Upon receipt of the signed order confirmation (order) 25% of the order amount will be charged.
Only inputs of the Agency consist of drafts of design and layout.
Upon confirmation and acceptance of the layout by the customer, prior to the start of the program and implement an additional 25% of the order amount will be charged.
The last 50% of the order amount will be charged for online making-up of the finished web presence and delivery of print materials and other products.
Failure to pay for the Internet itself, the agency shall have the right to disable the website after 21 days
In case of late payment interest shall p in the current rate of 12%. a to be agreed. Delivered goods until full payment of the Agency.
The customer may only offset undisputed or res judicata or a lien claim.
Warranty and damages
The customer has any complaints within three days after the performance by the Agency in writing and justified. In case of justified and timely complaints, the customer shall only have the right to improve the performance of the agency.
Claims for damages by the customer, in particular for delay, impossibility of performance, positive violation, negligence in contracting, defective or incomplete performance, consequential damages or tort are excluded, unless they are based on intent or gross negligence of the Agency. For you to edit submitted documents to the customer of the Agency any liability.
The Agency will carry out the assigned tasks in accordance with the generally accepted principles of law and to the customer in good time for them to point recognizable weighty risks. For compliance with the laws, particularly the competition rules even when proposed by the advertising agency, but the customer is responsible. He is a provision proposed by the Agency advertising campaign (a proposed by the Agency code) release only when he himself (mark law) from the antitrust clearance is satisfied, or if he is willing to mark the implementation of the campaign (using the ) associated risk to be borne.
Any liability of the Agency for claims, which are levied on the basis of the campaign (the use of a mark) against the customer, is expressly excluded if the agency of their notice such notification; especially not liable, the Agency for litigation costs, attorney costs of the customers or costs Publications of judgment, or for any damages or similar claims by third parties.
In the event that due to the implementation of the advertising campaign (using a flag), the agency itself is claimed, the customer keeps the agency and harmless: The customer has the agency so all the financial and other losses (including non-material damage) to replace, incurred by the Agency of the claim by a third party.
Applicable law, place of performance and jurisdiction
The legal relationship between the customer and the provider exclusively to Austrian law.
Performance is the location of the consultant / agency.
The venue for all disputes arising directly or indirectly between the agency and the client in disputes for the Agency's headquarters and locally competent court agreed. The consultant is also entitled to another, to call for the customer jud
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