IMPRINT

Duty to inform according to §5 E-Commerce Act, §14 Company Code, §63 Trade Regulation Act and duty to disclose according to §25 Media Act

AD ADDICT Social Media Ads
Deniel Fallenbüchel
Viktor-Christ-Gasse 1
1050 Vienna
Austria
Website: www.ad-addict.com
E-mail: deniel@ad-addict.com
Tel.: +43 677 626 753 65

Member of the Salzburg Chamber of Commerce
Section: Advertising and Market Communication
Authority according to ECG: BH Salzburg-Umgebung
GLN of the public administration: 9110028413643
GISA number: 32148558

Bank details
Raiffeisenbank Flachgau Central
IBAN: AT18 3501 5000 0012 4461
BIC: RVSAAT2S015

Dispute resolution
According to applicable law, we are obliged to point out the existence of the European online dispute resolution platform. Furthermore, we would like to point out that we do not participate in a voluntary dispute resolution procedure before a consumer arbitration board.


PRIVACY POLICY

This privacy statement informs you about the nature, scope and purpose of the collection and use of personal data collected on this website by the responsible provider, the advertising agency AD ADDICT.

I myself am very reluctant to pass on my data and in this sense attach great importance to the protection of your data. In order to fully inform you about the use of personal data, I ask you to take note of the following data protection information.

The following information provides a simple overview of what happens to your personal data when you visit my website. Personal data is any data that can be used to identify you personally. For detailed information on data protection, please refer to the privacy policy listed below this text.

Who is responsible for data collection on this website?
Data processing on this website is carried out by the website operator. You can find his contact details in the imprint of this website.

How do we collect your data?
On the one hand, your data is collected when you provide it to me. This can be, for example, data that you enter in a booking form. Other data is collected automatically when you visit the website by its IT systems. This is mainly technical data (e.g. internet browser, operating system or time of page view). This data is collected automatically as soon as you enter my website.

What do we use your data for?
Some of the data is collected to ensure error-free provision and a better visitor experience on the website. Other data may be used to analyse your user behaviour.

What rights do you have regarding your data?
You have the right to receive information free of charge at any time about the origin, recipient and purpose of your stored personal data. You also have the right to demand the correction, blocking or deletion of this data. You can contact me at any time at the address given in the imprint with regard to this and other questions on the subject of data protection. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

Mandatory information and general notes
The responsible body for data processing on this website is the AD ADDICT advertising agency as a natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses, etc.).

Withdrawal of your consent to data processing
Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. For this purpose, an informal communication by e-mail to me is sufficient. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to data collection in special cases and to direct advertising (Art. 21 GDPR)
If data processing is carried out on the basis of Art. 6(1)(e) or (f) GDPR, you have the right to object to the processing of your personal data at any time on grounds relating to your particular situation; this also applies to profiling based on these provisions. The respective legal basis on which processing is based can be found in this privacy policy. If you object, I will no longer process your personal data concerned, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves the purpose of asserting, exercising or defending legal claims (objection under Art. 21(1) GDPR).

If your personal data are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is related to such direct marketing. If you object, your personal data will subsequently no longer be used for the purpose of direct advertising (objection pursuant to Art. 21 (2) GDPR).

Right to complain to the competent supervisory authority
In the event of violations of data protection law, the data subject has a right of appeal to the competent supervisory authority. The competent supervisory authority for data protection issues in Austria is the data protection authority, whose contact details can be found at the following link:https://www.dsb.gv.at/

Right to data portability
You have the right to have data that I process automatically on the basis of your consent or in fulfilment of an order handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another person responsible, this will only be done insofar as it is technically feasible.

SSL or TLS encryption
For security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to me as the site operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data you transmit to me cannot be read by third parties.

Information, blocking, deletion
Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of data processing and, if applicable, a right to correction, blocking or deletion of this data. For this purpose as well as for further questions regarding personal data, you can contact me at any time at the address given in the imprint.

Right to restriction of processing
You have the right to request the restriction of the processing of your personal data. To do this, you can contact me at any time at the address given in the imprint. The right to restriction of processing exists in the following cases:

1) If you dispute the accuracy of your personal data stored by me, I usually need time to check this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.

2) If the processing of your personal data is or has been unlawful, you may request the restriction of data processing instead of erasure.

3) If I no longer need your personal data, but you need it to exercise, defend or enforce legal claims, you have the right to request the restriction of the processing of your personal data instead of the erasure.

4) If you have lodged an objection pursuant to Art. 21 (1) GDPR, a balancing of your and my interests must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to demand the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data - apart from storage - may only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the European Union or a Member State.

Objection to advertising e-mails
We hereby object to the use of contact data published within the framework of the imprint obligation for the purpose of sending advertising and information material that has not been expressly requested. The operator of the website expressly reserves the right to take legal action in the event of the unsolicited sending of advertising information, for example by spam e-mails.

Data collection: Cookies
Some of the Internet pages use so-called "cookies". Cookies do not cause any damage to your computer and do not contain viruses. Cookies serve to make my offer more user-friendly, more effective and safer. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies I use are so-called "session cookies". They are automatically deleted at the end of your visit. Other cookies remain stored on your terminal device until you delete them. These cookies enable me to recognise your browser on your next visit. You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If you deactivate cookies, the functionality of this website may be limited.

Cookies that are required to carry out the electronic communication process or to provide certain functions you have requested are stored on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in storing cookies for the technically error-free and optimised provision of its services. Insofar as other cookies (e.g. cookies to analyse your surfing behaviour) are stored, these are dealt with separately in this data protection declaration. When accessing this website, you will be informed about the use of cookies.

Data collection: Booking form
If you send me enquiries via the booking form, your details from the enquiry form, including the contact details you provide there, will be stored by me for the purpose of processing the enquiry and in case of follow-up questions. I do not pass on this data without your consent.

The processing of the data entered in the booking form is therefore based exclusively on your consent (Art. 6 para. 1 lit. a GDPR). You can revoke this consent at any time. For this purpose, an informal communication by e-mail to me is sufficient. The legality of the data processing operations carried out until the revocation remains unaffected by the revocation.

The data you entered in the booking form will remain with me until you request me to delete it, revoke your consent to store it or the purpose for storing the data no longer applies (e.g. after processing your enquiry has been completed). Mandatory legal provisions - in particular retention periods - remain unaffected.

Data collection: Inquiry by e-mail or telephone
If you contact me by e-mail or telephone, your enquiry including all personal data resulting from it (name, enquiry) will be stored and processed by me for the purpose of processing your request. I will not pass on this data without your consent.

The processing of this data is based on Art. 6 (1) lit. b GDPR, insofar as your enquiry is related to the fulfilment of an order or is necessary for the implementation of order-related measures. In all other cases, the processing is based on your consent (Art. 6 para. 1 lit. a GDPR) and/or on my legitimate interests (Art. 6 para. 1 lit. f GDPR), as I have a legitimate interest in effectively processing the enquiries addressed to me.

The data you send to me via contact requests will remain with me until you ask me to delete it, revoke your consent to store it or the purpose for storing the data no longer applies (e.g. after processing your request has been completed). Mandatory legal provisions - in particular legal retention periods - remain unaffected.

Data collection: Processing of data (customer and order data)
I collect, process and use personal data only insofar as they are necessary for the establishment, content or modification of the legal relationship (inventory data). This is done on the basis of Art. 6 (1) lit. b GDPR, which permits the processing of data for the fulfilment of a contract or pre-contractual measures. I collect, process and use personal data about the use of my Internet pages (usage data) only insofar as this is necessary to enable the user to use the service or to bill the user. The collected customer data will be deleted after completion of the order or termination of the business relationship. Legal retention periods remain unaffected.

Data collection: Analysis tools and third-party tools
When visiting my website, your surfing behaviour may be statistically analysed. This is done mainly with cookies and with so-called "analysis programs". The analysis of your surfing behaviour is usually anonymous; the surfing behaviour cannot be traced back to you. You can object to this analysis or prevent it by not using certain tools.

Such a tool is, for example, Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.

In the event that IP anonymisation is activated on this website, however, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. Furthermore, you can prevent the collection of the data generated by the cookies and related to your use of the website (incl. your IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link:
https://tools.google.com/dlpage/gaoptout?hl=de/

Data collection: Facebook
Plugins of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA are integrated on my pages. You can recognise the Facebook plugins by the Facebook logo on my page. You can find an overview of the Facebook plugins here:
https://developers.facebook.com/docs/plugins/

When you visit my pages, a direct connection is established between your browser and the Facebook server via the plugin. Facebook thereby receives the information that you have visited my site with your IP address. If you click on the Facebook buttons and are logged into your Facebook account, it is possible for Facebook to associate your visit to my website with you and your user account. I would like to point out that I, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Facebook. You can find more information on this in the facebook privacy policy at:
https://www.facebook.com/policy.php/

If you do not want Facebook to be able to associate your visit to my pages with your Facebook user account, please log out of your Facebook user account.

Within my offer, the so-called "Facebook Pixel" of the social network Facebook, which is operated by Meta Platforms Inc. 1 Hacker Way, Menlo Park, CA 94025, USA, or Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour Dublin 2 Ireland ("Facebook"), is used due to my legitimate interest in the analysis, optimisation and economic operation of my online offer and for these purposes.

With the help of the Facebook pixel, Facebook is able to determine the visitors to my website as a target group for the display of advertisements, so-called "Facebook Ads". Accordingly, I also use the Facebook Pixel.

​Data collection: LinkedIn
My website uses the functions of the social media network LinkedIn. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Each time you access one of my web pages that contains LinkedIn functions, a connection to LinkedIn servers is established. LinkedIn is informed that you have visited my web pages with your IP address. If you click on the LinkedIn buttons and are logged into your LinkedIn account, it is possible for LinkedIn to associate your visit to my website with you and your user account. I would like to point out that I, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by LinkedIn. You can find more information on this in LinkedIn's privacy policy at:
https://www.linkedin.com/legal/privacy-policy/

Right to information
You have the right at any time to obtain information about the data stored about you, its origin and recipients and the purpose for which it is stored.


TERMS OF SERVICE

The aim of the cooperation between the client and the agency is the optimisation and expansion of the advertising and communicative, digital appearance of the client's company, or its products and/or services in the market.

In order to achieve this goal, both contractual partners consider themselves bound by a mutual relationship of trust. The following General Terms and Conditions (GTC) are intended to help avoid misunderstandings about the mutual rights and obligations of the partners and to create legal clarity on both sides.

Validity, conclusion of contract
1) The advertising agency AD ADDICT provides its services exclusively on the basis of the following GTC. These shall apply to all legal relationships between the agency and the customer, even if no express reference is made to them. The GTC shall apply exclusively to legal relationships with entrepreneurs, i.e. B2B.

2) The version valid at the time of conclusion of the contract shall be authoritative in each case. Deviations from these as well as other supplementary agreements with the Customer shall only be effective if they are confirmed in writing by the Agency.

3) Any terms and conditions of business of the customer shall not be accepted, even if known, unless expressly agreed otherwise in writing in individual cases. The Agency shall expressly object to the Client's GTC. No further objection to the customer's GTC by the Agency shall be required.

4) Amendments to the GTC shall be notified to the Client and shall be deemed agreed if the Client does not object to the amended GTC in writing within 14 days; the significance of silence shall be expressly pointed out to the Client in the notification.

5) Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the binding force of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and purpose.

6) The Agency's offers are subject to change and non-binding.

Social media channels
Before placing an order, the Agency expressly points out to the Client that the providers of "social media channels" (e.g. Facebook, hereinafter referred to as "Providers") reserve the right in their terms of use to reject or remove advertisements and appearances for any reason. Accordingly, the providers are not obliged to forward content and information to the users. Therefore, there is a risk, which cannot be calculated by the agency, that advertisements and appearances are removed for no reason. In the case of a complaint by another user, the providers are granted the possibility of a counterstatement, but in this case, too, the content is removed immediately. In this case, it may take some time to restore the original, lawful state. The agency works on the basis of these terms of use of the providers, over which it has no influence, and also bases the order of the customer on these. By placing the order, the customer expressly acknowledges that these terms of use (co-)determine the rights and obligations of any contractual relationship. The agency intends to execute the client's order to the best of its knowledge and to comply with the guidelines of "social media channels". However, due to the currently valid terms of use and the simple possibility of each user to claim infringements of rights and thus achieve a removal of the content, the agency cannot guarantee that the commissioned campaign is also retrievable at all times.

Protection of concepts and ideas
If the potential client has already invited the agency to prepare a concept in advance and if the agency complies with this invitation before the conclusion of the main contract, the following regulation shall apply:

1) Already through the invitation and the acceptance of the invitation by the agency, the potential client and the agency enter into a contractual relationship ("pitching contract"). This contract is also based on the GTC.

2) The potential client acknowledges that the agency already provides cost-intensive preliminary services with the concept development, although he has not yet assumed any service obligations himself.

3) The concept is subject to the protection of copyright law in its linguistic and graphic parts, insofar as these reach the level of a work. The potential client is not permitted to use and edit these parts without the agency's consent, if only on the basis of copyright law.

4) The concept also contains ideas relevant to advertising, which do not reach the level of a work and therefore do not enjoy the protection of copyright law. These ideas are at the beginning of every creative process and can be defined as the igniting spark of everything that is later produced and thus as the origin of marketing strategy. Therefore, those elements of the concept which are peculiar and give the marketing strategy its characteristic character are protected. In particular, advertising slogans, advertising texts, graphics and illustrations, advertising media, etc. are considered to be ideas within the meaning of this agreement, even if they do not reach the level of a work.

5) The potential customer undertakes to refrain from commercially exploiting or having exploited or using or having used these creative advertising ideas presented by the agency within the framework of the concept outside the corrective of a main contract to be concluded at a later date.

6) If the potential customer is of the opinion that ideas were presented to him by the agency which he had already come up with before the presentation, he shall notify the agency of this by e-mail within 14 days of the day of the presentation, citing evidence which allows a chronological allocation.

7) In the opposite case, the contracting parties shall assume that the Agency has presented the potential customer with an idea that is new to him. If the idea is used by the client, it shall be assumed that the agency became meritorious in the process.

8) The potential client may release itself from its obligations under this point by paying reasonable compensation plus 20% VAT. The release shall only come into effect after full receipt of the payment of the compensation by the agency.

9) The Agency may name the Client as a reference client on its website or in other media. The Contractor may furthermore publicly reproduce or refer to the services rendered for demonstration purposes, unless the Client can claim a legitimate interest to the contrary.

Scope of services, order processing and the customer's duty to cooperate
1) The scope of the services to be rendered shall result from the service description in the agency contract or any order confirmation by the Agency, as well as any briefing protocol ("offer documents"). Subsequent changes to the service content shall require written confirmation by the Agency. Within the framework specified by the customer, the Agency shall have freedom of design in the fulfilment of the order.

2) All services provided by the Agency (in particular all preliminary drafts, sketches, final artwork, brush prints, blueprints, copies, colour prints and electronic files) shall be checked by the Client and approved by him within three working days of receipt by the Client. After expiry of this period without feedback from the customer, they shall be deemed to have been approved by the customer.

3) The Client shall make available to the Agency, in a timely and complete manner, all information and documents required for the provision of the service. He shall inform the Agency of all circumstances that are of importance for the execution of the order, even if these only become known during the execution of the order. The customer shall bear the expense incurred by the fact that work has to be repeated or is delayed by the agency as a result of his incorrect, incomplete or subsequently changed information.

4) The customer shall furthermore be obliged to check the documents (photos, logos, etc.) provided for the execution of the order for any copyrights, trademark rights or other rights of third parties (rights clearing) and shall guarantee that the documents are free of third-party rights and can therefore be used for the intended purpose. The Agency shall not be liable in the event of merely slight negligence or after fulfilment of its duty to warn - in any case in the internal relationship with the Client - due to an infringement of such third-party rights by documents made available. If a claim is made against the Agency by a third party due to such an infringement of rights, the Customer shall indemnify and hold the Agency harmless; the Customer shall compensate the Agency for all disadvantages incurred by the Agency due to a claim made against it by a third party, in particular the costs of appropriate legal representation. The customer undertakes to support the Agency in the defence against any claims by third parties. The customer shall provide the Agency with all documents for this purpose without being requested to do so.

External services/commissioning of third parties
1) The Agency shall be entitled, at its own discretion, to carry out the service itself, to make use of competent third parties as vicarious agents in the provision of services that are the subject of the contract and/or to substitute such services ("external service").

2) The commissioning of third parties within the scope of an external service shall take place either in the Agency's own name or in the name of the Client. The Agency shall carefully select this third party and ensure that it has the necessary professional qualifications.

3) The Client shall enter into obligations towards third parties that extend beyond the term of the contract. This shall expressly also apply in the event of termination of the agency contract for good cause.

4) Insofar as the Agency commissions necessary or agreed third-party services, the respective contractors shall not be vicarious agents of the Agency.

Deadlines
1) Unless expressly agreed as binding, stated delivery or service deadlines shall only be considered approximate and non-binding. Binding agreements on deadlines shall be recorded in writing or confirmed by the Agency in writing.

2) If the Agency's delivery/service is delayed for reasons for which it is not responsible, such as events of force majeure and other unforeseeable events that cannot be averted by reasonable means, the service obligations shall be suspended for the duration and to the extent of the hindrance and the deadlines shall be extended accordingly. If such delays last for more than two months, the Client and the Agency shall be entitled to withdraw from the contract.

3) If the Agency is in default, the Customer may only withdraw from the contract after having granted the Agency a reasonable grace period of at least 14 days in writing, which shall have expired to no avail. Claims for damages by the Client due to non-fulfilment or delay shall be excluded, except in the case of evidence of intent or gross negligence.

Early termination & cancellation
1) The Agency shall be entitled to terminate the contract with immediate effect for good cause. An important reason exists in particular if:

a) the performance of the service becomes impossible for reasons for which the customer is responsible or is further delayed despite a grace period of 14 days being set;

b) the customer continues to violate essential obligations under this contract, such as payment of a due amount or duties to cooperate, despite a written warning with a grace period of 14 days;

c) there are justified doubts about the creditworthiness of the customer and the customer fails to make advance payments at the Agency's request or to provide suitable security prior to the Agency's performance.

2) The customer shall be entitled to dissolve the contract for good cause without granting a grace period. An important reason shall be deemed to exist in particular if the Agency continues to violate essential provisions of this contract despite a written warning with a reasonable grace period of at least 14 days to remedy the violation of the contract.

Fee
1) Unless otherwise agreed, the Agency's fee claim shall arise for each individual service as soon as it has been rendered. The agency shall be entitled to demand advance payments to cover its expenses. From an order volume with an (annual) budget of €120,-, or those extending over a longer period of time, the agency shall be entitled to issue interim or advance invoices or to call for payments on account.

2) The fee shall be understood as a net fee. In the absence of an agreement in an individual case, the Agency shall be entitled to a fee for the services rendered and the transfer of the rights of use under copyright and trademark law in the amount customary in the market.

3) All services rendered by the Agency that are not expressly covered by the agreed fee shall be remunerated separately. All cash expenses incurred by the Agency shall be reimbursed by the Client.

4) The Agency's cost estimates shall not be binding. If it is foreseeable that the actual costs will exceed those estimated by the Agency in writing by more than 15%, the Agency shall draw the Client's attention to the higher costs. The cost overrun shall be deemed to have been approved by the Client if the Client does not object in writing within three working days of this notification and at the same time informs the Agency of less expensive alternatives. In the case of a cost overrun of up to 15%, a separate notification is not required. This cost estimate overrun shall be deemed approved by the client from the outset.

5) If the Client unilaterally changes or discontinues work commissioned without involving the Agency - without prejudice to the Agency's ongoing other support - the Client shall compensate the Agency for the services rendered up to that point in accordance with the fee agreement and reimburse all costs incurred. Unless the termination is due to a grossly negligent or intentional breach of duty on the part of the Agency, the Client shall also reimburse the Agency for the entire fee agreed for this order (commission), whereby the imputation remuneration of § 1168 AGBG shall be excluded. Furthermore, the Agency shall be indemnified and held harmless against any claims of third parties, in particular contractors of the Agency. Upon payment of the fee, the client shall not acquire any rights of use to work already performed; rather, concepts, drafts and other documents that have not been executed shall be returned to the agency without delay.

Payment, retention of title
1) The fee shall be due for payment immediately upon receipt of the invoice and without deduction, unless special terms of payment have been agreed in writing in individual cases. This shall also apply to the charging of all cash expenses and other expenditures. The goods delivered by the Agency shall remain the property of the Agency until full payment of the fee including all ancillary liabilities.

2) In the event of default in payment on the part of the customer, the statutory default interest shall apply at the rate applicable to business transactions. Furthermore, in the event of default in payment, the customer undertakes to reimburse the Agency for the reminder and collection costs incurred, insofar as they are necessary for appropriate legal action. This shall in any case include the costs of two reminders in the customary market amount of currently at least €20 per reminder as well as a reminder letter from a lawyer commissioned with the collection. The assertion of further rights and claims remains unaffected by this.

3) In the event of default in payment on the part of the Client, the Agency may declare all services and partial services rendered within the scope of other contracts concluded with the Client to be immediately due and payable.

4) Furthermore, the Agency shall not be obliged to provide further services until the outstanding amount has been settled (right of retention). The obligation to pay remuneration shall remain unaffected by this.

5) If payment in instalments has been agreed, the Agency reserves the right to demand immediate payment of the entire outstanding debt in the event that partial amounts or ancillary claims are not paid on time (loss of payment date).

6) The customer shall not be entitled to set off his own claims against claims of the Agency, unless the customer's claim has been recognised by the Agency in writing or has been established by a court of law.

Property rights and copyright
1) All services provided by the Agency, including those from presentations (e.g. suggestions, ideas, sketches, preliminary drafts, scribbles, final artwork, concepts, negatives, slides), including individual parts thereof, shall remain the property of the Agency, as shall the individual workpieces and design originals, and may be reclaimed by the Agency at any time - in particular upon termination of the contractual relationship. By paying the fee, the client acquires the right of use for the agreed purpose. In the absence of any agreement to the contrary, however, the Client may use the Agency's services exclusively in Austria. The acquisition of rights of use and exploitation of the Agency's services shall in any case require full payment of the fees invoiced by the Agency for them. If the customer already uses the Agency's services before this time, this use shall be based on a loan relationship that can be revoked at any time.

2) Changes or adaptations of the Agency's services, such as in particular their further development by the Client or by third parties working for the Client, shall only be permissible with the express consent of the Agency and - insofar as the services are protected by copyright - of the author.

3) The Agency's consent shall be required for the use of the Agency's services that goes beyond the originally agreed purpose and scope of use, irrespective of whether this service is protected by copyright. The Agency and the author shall be entitled to a separate appropriate remuneration for this.

4) The Agency's consent shall also be required for the use of the Agency's services or advertising material for which the Agency has prepared conceptual or design templates after the expiry of the Agency contract, irrespective of whether this service is protected by copyright or not.

5) For uses in accordance with para. 4, the Agency shall be entitled to the full Agency remuneration agreed in the expired contract in the 1st year after the end of the contract. In the 2nd or 3rd year after expiry of the contract only half or a quarter of the remuneration agreed in the contract. From the 4th year after the end of the contract, no agency remuneration shall be paid.

6) The customer shall be liable to the agency for any unlawful use in the double amount of the fee appropriate for this use.

Labelling
1) The Agency shall be entitled to refer to the Agency and, if applicable, to the author on all advertising media and in all advertising measures, without the Client being entitled to any remuneration for this.

2) Subject to the Customer's written revocation, which shall be possible at any time, the Agency shall be entitled to refer to the existing or former business relationship with the Customer on its own advertising media and in particular on its Internet website by name and company logo (reference).

Warranty
1) The Customer shall report any defects immediately in writing, in any case within eight days of delivery/service by the Agency, hidden defects within eight days of their discovery, describing the defect; otherwise the service shall be deemed to have been approved. In this case, the assertion of warranty claims and claims for damages as well as the right to contest errors due to defects shall be excluded.

2) In the event of justified and timely notification of defects, the customer shall be entitled to improvement or replacement of the delivery/service by the Agency. The Agency shall remedy the defects within a reasonable period of time, whereby the customer shall enable the Agency to take all measures necessary to examine and remedy the defects. The Agency shall be entitled to refuse to improve the service if this is impossible or involves disproportionately high expense for the Agency. In this case, the customer shall be entitled to the statutory rights of conversion or reduction. In the event of improvement, it shall be incumbent on the Client to carry out the transfer of the defective (physical) item at its own expense.

3) It shall also be incumbent upon the Client to carry out the review of the performance with regard to its legal admissibility, in particular under competition, trademark, copyright and administrative law. The Agency shall only be obliged to carry out a rough check of legal admissibility. The Agency shall not be liable for the legal admissibility of content in the event of slight negligence or after fulfilling any duty to warn the Client if the content was specified or approved by the Client.

4) The warranty period shall be six months from delivery/service. The right of recourse against the Agency pursuant to Section 933b (1) ABGB shall expire one year after delivery/service. The customer shall not be entitled to withhold payments due to defects. The presumption provision of § 924 ABGB is excluded.

​Liability and product liability
1) In cases of slight negligence, liability of the Agency and that of its employees, contractors or other vicarious agents ("people") for material or financial damage to the Customer shall be excluded, irrespective of whether this concerns direct or indirect damage, loss of profit or consequential damage, damage due to delay, impossibility, positive breach of contract, culpa in contrahendo, defective or incomplete performance. The existence of gross negligence shall be proven by the injured party. Insofar as the liability of the agency is excluded or limited, this shall also apply to the personal liability of its "people".

2) Any liability of the Agency for claims made against the customer on the basis of the service rendered by the Agency (e.g. advertising measure) shall be expressly excluded if the Agency has fulfilled its duty to inform or if such a duty was not apparent to it, whereby slight negligence shall not be prejudicial. In particular, the Agency shall not be liable for litigation costs, the Customer's own legal fees or costs of judgment publications as well as for any claims for damages or other claims by third parties; the Customer shall indemnify and hold the Agency harmless in this respect.

3) Claims for damages by the customer shall expire six months after knowledge of the damage; in any case, however, after three years after the Agency's act of infringement. Claims for damages shall be limited to the net order value.

Data protection
The Customer agrees that his personal data, namely name/company, profession, date of birth, company register number, powers of representation, contact person, business address and other addresses of the Customer, telephone number, fax number, e-mail address, bank details, credit card data, VAT number) may be used for the purpose of fulfilling the contract and supporting the Customer as well as for the Agency's own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of referring to the existing or former business relationship with the customer (reference).

The client agrees that electronic mail may be sent to him for advertising purposes until revoked. This consent may be revoked at any time in writing by e-mail, fax or letter to the contact details stated at the top of the GTC.

Applicable law
The contract and all mutual rights and obligations derived therefrom as well as claims between the Agency and the Client shall be governed by Austrian substantive law, excluding its conflict of law rules and excluding the UN Convention on Contracts for the International Sale of Goods.

Place of performance and jurisdiction
1) The place of performance shall be the registered office of the Agency. In the case of dispatch, the risk shall pass to the customer as soon as the Agency has handed over the goods to the carrier chosen by it.

2) The court of jurisdiction for all legal disputes arising between the Agency and the Customer in connection with this contractual relationship shall be the court with subject-matter jurisdiction for the Agency's registered office. Notwithstanding the above, the Agency shall be entitled to sue the Customer at his general place of jurisdiction.

3) Insofar as in this contract terms referring to natural persons are only stated in the masculine form, they shall refer to women and men in the same way. When applying the designation to specific natural persons, the respective gender-specific form shall be used.


DISCLAIMER

This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.

Liability for the contents of this website
The contents of this website have been prepared with the greatest possible care. However, I do not assume any liability for the correctness, completeness and up-to-dateness of the contents. As a service provider, I am responsible for my own content on these pages in accordance with general laws. However, I am not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected by this. However, liability in this regard is only possible from the point in time at which a concrete infringement of the law becomes known. If I become aware of any such infringements, I will remove this content immediately.

Liability for links to third party websites
My website contains links to external websites. I have no influence on the content of these external websites. For this reason, I cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognisable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete indications of a legal violation. If I become aware of any infringements, I will remove such links immediately.

Copyright
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Picture credits
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https://www.flaticon.com/
https://www.pexels.com/
https://shutterstock.com/

Parts of this website have been translated with https://www.deepl.com/.