In addition to the General Terms and Conditions published by the Austrian Chamber of Commerce, the following articles also apply.
1.1 For the purposes of these terms and conditions, the Contractor (hereinafter referred to as AN) is Clickservice GmbH, with its registered office in 1220 Vienna, which has accepted the order to provide services.
1.2 In these terms and conditions, the term Client (hereinafter referred to as AG) means the natural or legal person who commissions the Contractor to provide services.
1.3 In these General Terms and Conditions, “contract” means the request of the Client to the Contractor to provide services in return for payment.
2.1 These General Terms and Conditions apply to all offers, quotations, contracts, and deliveries of the Contractor. The Contractor rejects any other general terms and conditions. By placing an order with the Contractor, the Client accepts these General Terms and Conditions.
2.2 Any deviation from or disregard of these conditions is only binding for the contractor if he has confirmed this in writing.
2.3 In the event of a conflict between the general purchasing conditions applied by the AG and these General Terms and Conditions, the latter shall prevail.
3.1 All offers and/or quotations (also called “cost estimates”) from the contractor are non-binding unless expressly stated or agreed otherwise.
4.1 A contract is concluded when the client confirms the order in writing.
4.2 If a contract is confirmed by the contractor by means of a written order confirmation, it shall be deemed to have been concluded in accordance with the order confirmation, unless the client has objected in writing within 3 working days of the dispatch of such an order confirmation.
4.3 The client is bound by the terms and conditions from the date of placement of the order. The contractor is bound by the terms and conditions from the date of acceptance of the order.
4.4 The contractor is not obligated to perform any services other than those agreed upon in the contract or specified in the order confirmation. The contractor is free to choose the materials used and/or to subcontract services to third parties, unless expressly agreed otherwise in writing.
4.5 If, at the client’s request, orders are to be processed urgently and with priority, the risk of the associated costs, including the costs of improvements, shall be borne entirely by the client. However, the contractor must obtain written confirmation of the urgent processing request.
4.6 Any changes to the order after it has been placed with the contractor must be communicated by the client to the contractor in a timely manner and in writing. If changes are communicated verbally, the client bears all the risk.
4.7 The changes to the order take effect upon and after their acceptance by the Contractor. The Contractor may make the acceptance of order changes conditional upon payment by the Client for work already performed or planned by the Contractor, or upon a reduction in profit resulting from the order change.
4.8 Any additional or reduced costs resulting from changes to the order shall, in principle, be borne by or benefit the client.
4.9 Deviations which, in accordance with fairness, have no or only a minor influence on the use value of the product of the Contractor, are always considered minor.
4.10 Contract Term: All contracts relating to the creation of a website are concluded for a period of 36 months. A different contract term is only possible if all of the contractor’s claims related to the creation of the website are settled in advance.
5.1. The contractor prepares a layout confirmation based on the contacts with the client. The contractor sends the layout confirmation to the client. The client confirms the accuracy of the layout confirmation’s content and returns it signed to the contractor.
5.3 If the client has not responded to a layout confirmation within 4 working days of its receipt, the content of the layout confirmation is deemed correct and complete and the order for the implementation of the contents of the layout confirmation is placed.
6.1 The price offer is based on the information provided by the AG.
6.2 Prices are quoted in euros and are exclusive of VAT and any shipping, courier, transport and postage costs, unless expressly stated otherwise.
6.3 To compensate for increased personnel, energy, and other costs, Clickservice GmbH reserves the right to change prices and fees for the services covered by this agreement. However, such a price change is only permitted once a year. Clickservice will notify you of the change in writing well in advance of its effective date. If you do not accept the price increase, you are entitled to terminate the entire agreement with one month’s notice to the end of the calendar month, provided the price increase exceeds 10% of the previous price. In the event of termination, the prices in effect prior to the termination date will apply. If you do not object to a price increase within four weeks of receiving notification, we will consider this as your acceptance of the increase.
7.1 Payment is made by means of a direct debit mandate, which has been issued in writing by the employer to the employee.
7.2 Payment is made in advance by direct debit on the first of each month for the current month. The invoice will be sent to the client electronically via email.
7.3 All legal and extrajudicial costs relating to the collection of amounts due and not paid on time by the client shall be borne by the client. Extrajudicial collection fees will be set at a minimum of 15% of the respective amount and will amount to at least €75 per claim.
7.4 The client is not entitled to withhold payments due to incomplete delivery, warranty or guarantee claims, or complaints.
8.1 The cancellation of an order/commission accepted by the Contractor by the Client is only effective if it is made by means of a registered letter addressed directly to the Contractor and the cancellation is subsequently accepted by the Contractor.
8.2 If a cancellation is accepted by the Contractor, the Client is obliged in any case to compensate the Contractor for all costs already incurred in the performance of the contract and/or for damage suffered and yet to be suffered as a result of the cancellation, as well as for the resulting loss of profit, irrespective of the Contractor’s other rights.
8.3 If the Client fails to perform any obligation arising from the contract, these General Terms and Conditions, and/or any other agreement concluded with the Contractor, or fails to perform it properly or on time, or if the Client is declared insolvent, applies for a moratorium, enters into statutory debt restructuring proceedings, or its business is shut down or liquidated, the Client shall be deemed in default, and the Contractor shall have the right, at its sole discretion and without notice of default or judicial intervention, to suspend or terminate the contract, or to consider the contract wholly or partially terminated, without being liable for any damages or guarantees, but without prejudice to any other rights to which it may be entitled. Any written document – including invoices and invoice summaries – sent by the Contractor to the Client indicating the Client’s failure to perform, or its improper or untimely performance of its obligations under the contract shall be deemed a notice of default.
8.4 Suspension, termination, and/or cancellation do not affect the Client’s payment obligation with regard to services already rendered by the Contractor. Furthermore, the Contractor is then entitled to claim from the Client compensation for damages, costs, and interest incurred as a result of defective performance attributable to the Client and/or the termination of the contract, including any loss of profit suffered by the Contractor.
8.5. Early termination: The client may only terminate a fixed-term contract, in particular with regard to Article 4.10, prematurely if all outstanding claims of the contractor for the entire intended contract period are settled.
9.1 All deliveries by the Contractor shall take place at the Contractor’s place of business. The transport of goods shall generally be at the Client’s expense and risk.
9.2 If delivery is made digitally, the client accepts the files delivered in this manner “as is”. The risk of any associated costs, including the costs of any necessary restoration and improvements, is borne entirely by the client. The contractor is not liable for any consequential damages that may arise from the digital delivery.
9.3 The stated delivery times are only approximate. Unless expressly agreed otherwise in writing, the Contractor assumes no obligation whatsoever with regard to the agreed delivery times, and late delivery does not entitle the Client to damages, termination or cancellation of the contract, or non-performance of any obligation towards the Contractor. Changes to the order may result in the Contractor exceeding the agreed delivery deadline beyond its control. The associated risk is borne entirely by the Client.
10.1. Our standard response time is 72 hours. This applies to all customer inquiries.
10.2. A shorter response time (24h), as well as the provision of a telephone number for urgent emergencies, can be additionally requested.
10.3. We always strive to respond as quickly as possible in urgent matters; however, a guarantee of specific response times is only possible after subscribing to premium support. Liability for damages due to delayed responses is excluded if premium support is not agreed upon.
11.1 The contractor shall execute the order to the best of his knowledge and ability and shall exercise the greatest possible care with regard to the interests of the client when providing the services for the client.
11.2 Provided that clear agreements have been made regarding the intended use, the contractor shall ensure the correct audio and/or visual design.
11.3 The employee undertakes to maintain confidentiality regarding everything entrusted to him on account of the assignment.
11.4 Except in cases of intent or gross negligence, the liability of the contractor, as well as any third parties engaged by the contractor, is limited to the work performed or activities carried out by them, specifically to the amount agreed upon as remuneration for the work performed or activities carried out. The client is solely responsible for all legal and extrajudicial consequences arising from publications made for or by the client.
11.5 The Contractor shall not be liable for damage to, loss of, or destruction of objects, materials, image or text data of any kind provided by the Client or on the Client’s behalf, unless the Contractor is guilty of negligence or intent. If materials are to be archived at the Client’s request, the Contractor is entitled to charge a reasonable fee for this service. The Contractor assumes no responsibility for the reusability of the materials at a later date.
11.6 Any liability of the contractor in the above sense ends after completion of the activities arising from the contract.
11.7 The (digital) material, photos, raw material, etc., provided by the client will be checked by the contractor for technical quality and usability upon receipt. If this material does not meet the applicable technical standard, the contractor has the right to request new material or – in consultation with the client – to have new material produced at the client’s expense.
11.8 The liability for services rendered to the client by the contractor to third parties is limited to the effective warranty provided by the respective third party to the contractor. The contractor will do everything possible, or support the client to the extent reasonably required, to obtain the maximum possible compensation from the third party involved in any cases that may arise.
11.9 The Contractor is not responsible for the content provided by the Client. In particular, the Contractor is not obligated to review the content for potential legal violations. Should third parties assert claims against the Contractor due to potential legal violations resulting from the website’s content, the Client agrees to indemnify the Contractor against all liability.
11.10 The contractor is liable to the client for damages demonstrably caused by the contractor only in cases of gross negligence. This also applies analogously to damages attributable to third parties engaged by the contractor. In the case of personal injury caused by negligence, the contractor’s liability is unlimited.
11.11. Liability for indirect damages – such as lost profits, costs associated with business interruption, data loss or third-party claims – is expressly excluded.
11.12. Claims for damages are subject to the statutory limitation periods, but expire no later than one year after knowledge of the damage and the liable party.
11.13. Warranty claims expire six (6) months after delivery.
11.14. All liability on the part of Clickservice GmbH, as well as any warranty, is excluded if the client or a third party commissioned by the client makes changes to the website.
11.15. If any malfunctions occur on the website or online shop that are not caused by Clickservice, Clickservice GmbH will first conduct a detailed analysis at our standard hourly rate. Following this, an estimate of the costs required to resolve the malfunctions will be provided, and the client will then be commissioned to carry out the necessary work.
11.16 All customers will receive comprehensive advice on data protection to the best of our knowledge and belief. If the client wishes to use certain services/cookies (especially from providers in third countries, such as Google Analytics) within the context of the website or online shop and commissions the contractor to do so, then Clickservice GmbH excludes all liability in the event of penalties imposed by the data protection authority or other penalties/warnings/demands.
12.1 Complaints regarding visible defects must be made by the client in writing immediately after the contractor has delivered or presented the work performed to the client, or within 8 days of the publication of the advertising medium.
12.2 Claims relating to invisible defects must be made within 8 days of when they could reasonably have been discovered.
12.3 Complaints regarding direct debits must be submitted to the contractor in writing within four weeks of the debit being processed. The payment deadline is not suspended as a result of such a complaint. After the aforementioned deadlines have expired, complaints will no longer be processed, and the client forfeits their rights in this regard. Subject to proof to the contrary, the information in the contractor’s books is decisive.
13.1 The contractor is liable for defects in the website in accordance with the statutory provisions of sales law. The limitation period for warranty claims by the client is one year.
14.1 If a complaint regarding delivered goods or services is deemed justified and the Contractor’s liability is established, the Contractor will, at its sole discretion, either pay compensation limited to the invoice value of the delivered goods or replace the delivered goods free of charge once the originally delivered goods are back in its possession. The Contractor shall under no circumstances be liable for any further damages.
15.1 If the Contractor is prevented from fully or partially performing the agreed services due to force majeure, he has the right, without judicial intervention, to suspend the performance of the contract or to consider the contract fully or partially terminated, at his own discretion and without being liable for any damages or warranty.
15.2 For the purposes of this contract, force majeure shall be understood to mean any circumstance as a result of which the Client can no longer demand compliance with the contract, including war, threat of war, civil war, riot, work stoppage, exclusion of employees, blockades, epidemics, devaluation, flooding, storms, transport difficulties, fire, machine breakdown, internet and power outages, sudden increases in customs duties and excise taxes and/or other taxes, failure to obtain necessary permits and other official measures, other disruptions in the business operations of the Contractor or of third parties involved by the Contractor in the execution of the contract, and delays in the delivery of materials, raw materials and/or auxiliary materials and/or spare parts ordered by the Contractor in a timely manner, however caused.
16.1 By placing an order for the publication or reproduction of objects protected by copyright or any other legal regulation in the field of intellectual property rights (such as text, sound, or image materials) that have been provided by the Client or on its behalf, the Client declares that no legal regulations or third-party intellectual property rights are violated and protects the Contractor from any related third-party claims or the direct and indirect consequences of a financial or other nature arising from the publication or reproduction.
16.2 The Contractor is not obligated to hold the property belonging to him as a result of the above in safekeeping for the benefit of the Client, unless otherwise agreed in writing in the contract. In the latter (exceptional) case, safekeeping shall be at the Client’s expense, without this implying that the Contractor provides any guarantee that the property held in safekeeping can be reused.
16.3 The contractor has the right to sign the work produced according to the order and to use his work for his own sales promotion or advertising material.
16.4 For designs, drawings, illustrations or samples that have been provisionally or definitively given form by the AN, the Austrian Federal Law on Copyright in Works of Literature and Art and on Related Rights shall apply.
16.5 All items created by the contractor (design and layout of the website, website functions) remain the intellectual property of the contractor during and after the agreed contract period.
16.6 Transfer of Website Usage Rights: A transfer of usage rights to the client can take place after the end of the contractual term, provided there are no outstanding claims, upon payment of a one-time fee of €500 + VAT. Clickservice will prepare an offer with a release of liability from the date of transfer; this offer must be signed by an authorized representative of the company.
16.7 Transfer of usage rights for all other developments (portals / webshops) is only possible if an offer is made by Clickservice and this agreement has been signed by both companies.
17.1 In all cases where the contract between the Contractor and the Client is terminated as a result of any provision of these Terms and Conditions or by judicial intervention, the legal relationship between the parties shall be governed by these Terms and Conditions.
There is no limit to the amount that can be debited from the employer’s account. A chargeback is not possible if the employer has authorized the exact amount of the direct debit or if the employer has been notified or made aware of the direct debit at least four weeks in advance.
19.1 The Contractor grants the Client the exclusive, unrestricted right, both geographically and temporally, to use the website. The granting of these rights of use only becomes effective once the Client has paid the agreed contract sum.
19.2 Appropriate references to the contractor’s copyright will be included in the website. The client is not entitled to remove these references without the contractor’s consent.
19.3 The right of use applies only to the use of the website as a whole or of parts thereof on the internet. The client is not entitled to use individual design elements of the website or the entire website in any other form – in particular in printed form.
20.1 Neither party has the right to transfer, in whole or in part, the rights and obligations arising from the contracts concluded under these conditions to third parties unless the other party has given its prior written consent.
20.2 In a situation where the company (or a relevant activity(ies) of the company) is merged or continued with another company for any reason, in any way and in any form, joint and several liability arises for the original and the subsequent company with respect to the fulfillment of the obligations referred to in paragraph 1 of this Article.
21.1 All disputes arising from contracts to which these General Terms and Conditions apply shall, subject to mandatory law, be subject to the jurisdiction of the competent civil judge in Eisenstadt, without prejudice to the judge’s jurisdiction with regard to an injunction and attachment or enforcement measures.
21.2 Should individual provisions of this contract be invalid, or lose their validity due to a subsequent circumstance, the validity of the remaining provisions of the contract shall remain unaffected.
22.1 Nach Abschluss des Vertrages zwischen dem AN und dem AG hat der AN das Recht, auf bescheidene und passende Weise den Firmennamen des AGs in seiner Referenzliste zu vermerken. Der AN hat das Recht, eine kurze Beschreibung des jeweiligen Auftrags und ein Exemplar des Produkts zu Akquisitionszwecken zur Werbung neuer Kunden zu verwenden.