Terms and Conditions

Scope

These terms apply to all services provided by [Company name] OG to businesses. Deviating terms of the client apply only with our express written consent.

Services

We conceive, design, develop, and operate websites on the basis of our module platform. The scope and feature set of each project follow from the respective offer.

Offer and conclusion of contract

Offers are made in writing. The contract is concluded upon written commissioning (including by email).

Prices and payment

All prices are net of statutory VAT. The following payment schedules apply:

• Auftakt projects: 50% on commissioning, 50% on handover.
• All other packages: 30% on commissioning, 40% on delivery of the drafts, 30% on handover.
• Payment term: 14 days from the invoice date; for the final instalment 14 days from handover, so that the payment term and the defect period coincide. The offer may agree otherwise (e.g. 30 days). [verify with counsel]

Client cooperation

The client provides content, materials, and approvals on time. If cooperation is delayed, agreed dates shift accordingly.

Change requests

Changes outside the commissioned scope are quoted separately as change requests and implemented only after written commissioning. Minor adjustments within the agreed scope remain unaffected.

Acceptance

Upon completion we make the project available for acceptance. If the client does not report material defects within 14 days, the project is deemed accepted. On handover we expressly draw the client’s attention to this period and to the consequence of remaining silent. Reported defects are remedied and the project is resubmitted for acceptance.

Content and legal responsibility

We are not lawyers and do not provide legal advice. We supply legal texts such as the legal notice or the privacy policy as structured templates; reviewing their content and legal adequacy, in particular under the GDPR, is the responsibility of the client or their legal counsel.

The client is responsible for the content they provide (texts, images, marks) and for its lawfulness.

Rights of use

The subject of the contract is the finished, published website, not the supply of software. Rights in the client's own content (text, images, data, domain) remain with the client at all times and regardless of payment status; we export it free of charge in an open format on request. Upon full payment the client receives the agreed rights of use in the project-specific designs. If the contract ends after the design phase, the client receives the rights of use in the drafts produced up to that point as soon as the instalments due, including the design instalment, have been paid in full. [verify with counsel] The underlying module platform and its source code remain our property and are not supplied; the client receives a non-exclusive, non-transferable right to use the website we deliver for the duration of our work together. Handover is the day on which we make the finished website available to the client in writing. After notice of termination the website stays reachable for 60 days; during that time we hand over content, data and the domain and support the move within reasonable limits. After that the right of use ends and the website goes offline. Should we cease trading (deregistration of the business or the opening of insolvency proceedings), we deposit the source code with an independent escrow agent who releases it in that case alone. From an order value of 5,000 EUR we set this deposit up formally on request and state the cost up front; below that it is informal. The deposit covers the source code together with the current content and data, so that the website can be stood up again without us.

Warranty and liability

The statutory warranty rules apply; the period starts on acceptance. We accept no liability for third-party services integrated into your site, except where we are guilty of intent or gross negligence in selecting or operating them. Otherwise we are liable for intent and gross negligence. Liability for gross negligence is capped at the net order value; no cap applies to intent or to personal injury [verify with counsel].

Term and termination

Project contracts end on acceptance. Ongoing services (operation, maintenance, editor access) run for an indefinite term and may be terminated by either party with one month notice to the end of a month, unless the offer states otherwise. We agree a minimum term only where the client receives something in return for it, and then expressly in the offer. The client may end a project contract after the design phase. In that case the draft-delivery instalment becomes due in addition to the instalments already payable; later instalments fall away. Upon payment in full, the rights of use in the drafts produced pass to the client. [verify with counsel]

The right to terminate for cause remains unaffected on both sides. For us, cause includes in particular the client being more than 30 days late with a due payment, or insolvency proceedings being opened over their assets. Termination must be in text form. [verify with counsel]

Force majeure

Events outside our reasonable control - such as failures of upstream suppliers and data centres, large-scale network outages, strikes, natural events or official orders - release both sides from the affected obligations for their duration. We inform the client without delay and state the expected duration where we can. If the event lasts more than 60 days, either side may terminate the affected part of the contract; work already performed is invoiced. [verify with counsel]

Governing law and jurisdiction

Austrian law applies, excluding its conflict-of-law rules. The place of jurisdiction is the court with subject-matter competence at the seat of [Company name] OG [add jurisdiction based on seat].