General Terms & Conditions
dotONE Creative Studio
Ottakringer Straße 117/8
TERMS OF SERVICE
1. Validity, conclusion of contract
1.1 Dominik Cee (hereinafter „Production“) provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between the production and the customer, even if they are not expressly referred to.
1.2 The version valid at the time the contract is concluded is decisive. Deviations from these and other supplementary agreements with the customer are only effective if they are confirmed in writing by the production.
1.3 Any terms and conditions of the customer will not be accepted, even if they are known, unless otherwise expressly agreed in writing in individual cases. The production expressly rejects the customer’s terms and conditions. The production does not need to make a further objection to the customer’s terms and conditions.
1.4 Changes to the terms and conditions will be announced to the customer and shall be deemed to have been agreed if the customer does not object to the changed terms and conditions in writing within 14 days; The customer is expressly informed of the importance of silence in the notification.
1.5 Should individual provisions of these general terms and conditions be ineffective, this does not affect the binding nature of the remaining provisions and the contracts concluded on the basis of them. The ineffective provision is to be replaced by an effective one that comes closest to the meaning and purpose.
1.6 The production’s offers are subject to change and non-binding.
2. Social media channels
3. Concept and idea protection
If the potential customer has already invited the production in advance to create a concept and the production complies with this invitation before the main contract is concluded, the following rule applies:
3.1 The potential customer and the production enter into a contractual relationship („pitching contract“) as soon as the invitation and the production’s acceptance of the invitation. This contract is also based on the GTC.
3.2 The potential customer acknowledges that the production is already providing cost-intensive preliminary work with the concept development, although it has not yet assumed any performance obligations.
3.3 The concept, in its linguistic and graphic parts, is subject to the protection of copyright law, as far as it reaches this level. The potential customer is not permitted to use and edit these parts without the consent of the production due to the copyright law.
3.4 The concept also contains advertising-relevant ideas that do not reach the height of the work and therefore do not enjoy the protection of the copyright law. These ideas are at the beginning of every creative process and can be defined as a spark of everything that comes up later and thus as the origin of marketing strategy. That is why those elements of the concept are protected that are peculiar and give the marketing strategy its characteristic character. In particular, advertising keywords, advertising texts, graphics and illustrations, advertising materials, etc. are regarded as ideas within the meaning of this agreement, even if they are not as high as possible.
3.5 The potential customer undertakes to refrain from economically exploiting these creative advertising ideas presented by the production as part of the concept outside the corrective of a main contract to be concluded later or having them exploited or used or used.
3.6 If the potential customer is of the opinion that the production has presented ideas that he had already come up with before the presentation, he must inform the production of this within 14 days of the day of the presentation by e-mail of evidence that allows a time allocation to be disclosed.
3.7 In the opposite case, the contracting parties assume that the production has presented the potential customer with an idea that is new to him. If the idea is used by the customer, it can be assumed that the production was worthwhile.
3.8 The potential customer can exempt himself from his obligations under this point by paying appropriate compensation plus 19% sales tax. The exemption does not apply until the production has received full payment of the compensation.
4. Scope of services, order processing and the customer’s obligation to cooperate
4.1 The scope of the services to be provided results from the service description in the production contract or any order confirmation by the production, as well as any briefing protocol („offer documents“). Subsequent changes to the service content require written confirmation by the production. Within the framework specified by the customer, the production has freedom of design when fulfilling the order.
4.2 All services of the production (in particular all preliminary drafts, sketches, final drawings, brush prints, blueprints, copies, color prints and electronic files) must be checked by the customer and approved by the customer within three working days of receipt by the customer. If they are not released in time, they are deemed to have been approved by the customer.
4.3 The customer will make all information and documents available to the production in a timely and complete manner that are necessary for the provision of the service. He will inform you of all circumstances that are important for the execution of the order, even if they only become known during the execution of the order. The customer bears the expense that arises from the fact that work has to be repeated or delayed by the production as a result of incorrect, incomplete or subsequently changed information.
4.4 The customer is also obliged to check the documents made available for the execution of the order (photos, logos, etc.) for any copyrights, trademarks, trademarks or other rights of third parties (rights clearing) and guarantees that the documents are free of rights Are third parties and can therefore be used for the intended purpose. The production is liable in the case of simple negligence or after fulfilling its warning obligation – at least in the internal relationship with the customer – not due to a violation of such third party rights through the documents provided. If the production is called upon by a third party due to such an infringement, the customer shall hold the production harmless and harmless; he has to reimburse her for all disadvantages that she incurs as a result of third-party claims, in particular the costs of appropriate legal representation. The customer undertakes to support the production in defending against any claims by third parties. For this purpose, the customer provides the production with all documents without being requested to do so.
6.1 Unless expressly agreed as binding, the specified delivery or service deadlines are only approximate and non-binding. Binding appointments must be made in writing or confirmed in writing by the production.
6.2 If the production is in default, the customer can only withdraw from the contract after giving the production a reasonable grace period of at least 14 days in writing and this has expired without result. Claims for damages by the customer due to non-performance or delay are excluded, except in the case of evidence of intent or gross negligence.
7. Early termination
7.1 The production is entitled to terminate the contract with immediate effect for important reasons. 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 setting a grace period of 14 days
b) the customer continues to violate essential obligations under this contract, such as payment of an amount due or obligations to cooperate, despite a written warning with a grace period of 14 days.
c) there are legitimate concerns about the creditworthiness of the customer and the customer neither makes advance payments at the request of the production nor provides a suitable security prior to the production’s performance.
d) bankruptcy or settlement proceedings are opened against the customer’s assets or an application to open such proceedings is rejected due to a lack of cost-covering assets or if the customer stops making payments.
7.2 The customer is entitled to dissolve the contract for important reasons without setting a grace period. An important reason exists in particular if the production 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 breach of contract.
8.1 Unless otherwise agreed, the production is entitled to a fee for each individual service as soon as it has been performed. The production is entitled to request advances to cover its expenses. From an order volume with an (annual) budget of € 10,000, or those that extend over a longer period of time, the production is entitled to create interim invoices or advance invoices or to call up payments on account.
8.2 The fee is a net fee plus VAT at the statutory rate. In the absence of an agreement in individual cases, the production is entitled to a fee at the market rate for the services provided and the transfer of the rights of use under copyright and trademark law.
8.3 All production services that are not expressly covered by the agreed fee will be remunerated separately. All cash expenses incurred by the production are to be reimbursed by the customer.
8.4 Cost estimates by the production are non-binding. If it is foreseeable that the actual costs will exceed those estimated in writing by the production by more than 15%, the production will inform the customer of the higher costs. The cost overrun is deemed to have been approved by the customer if the customer does not object in writing within three working days of this notification and at the same time announces cheaper alternatives. If the costs are exceeded by up to 15%, separate notification is not required. The client is deemed to have approved this cost estimate from the start.
8.5 The production is entitled to the agreed fee for all work by the production that is not carried out by the customer for whatever reason. The crediting provision of § 1168 ABGB is excluded. By paying the fee, the customer does not acquire any rights of use for work that has already been performed; Concepts, drafts and other documents that have not been carried out are to be returned to the production immediately.
9. Payment, retention of title
9.1 The fee is due for payment immediately upon receipt of the invoice and without any deductions, unless special terms of payment have been agreed in writing in individual cases. This also applies to the charging of all cash expenses and other expenses. The goods delivered by the production remain the property of the production until full payment of the fee, including all ancillary liabilities.
9.2 In the event of default in payment by the customer, the statutory default interest shall apply in the amount applicable to business transactions. Furthermore, in the event of default in payment, the customer undertakes to reimburse the production for the reminder and collection costs incurred, insofar as they are necessary for appropriate legal prosecution. In any case, this includes the costs of two reminder letters in the customary market amount of currently at least € 30.00 per reminder and one reminder letter from a lawyer commissioned with the collection. The assertion of further rights and claims remains unaffected.
9.3 In the event of default in payment by the customer, the production can immediately make all services and partial services due within the framework of other contracts concluded with the customer.
9.4 Furthermore, the production is not obliged to provide further services until the outstanding amount has been settled (right of retention). The obligation to pay remuneration remains unaffected.
9.5 If payment in installments has been agreed, the production reserves the right to demand immediate payment of the entire outstanding debt in the event that partial amounts or secondary claims are not paid on time (loss of deadline).
9.6 The customer is not entitled to offset his own claims against claims of the production, unless the customer’s claim has been recognized by the production in writing or has been determined by a court.
9.7 If no other terms of payment have been agreed, 50% down payment applies upon acceptance of the offer and 50% payment upon delivery.
10. Cancellation conditions
10.1 Unless otherwise agreed, the following cancellation conditions apply as agreed:
a) 100% of the services already provided at the time of cancellation;
b) 50% of the project / implementation fee up to 4 weeks before the start of the event or implementation, if this amount exceeds the services provided up to the time of cancellation;
c) 75% of the project / implementation fee between 4 weeks and 2 weeks before the start of the event or implementation, if this amount exceeds the services provided up to the time of cancellation;
d) 100% of the project / implementation fee from 2 weeks before the start of the event or implementation;
e) 100% of the external services already paid or ordered at the time of cancellation and no longer cancellable or, in the event that a cancellation is possible, 100% of the cancellation fee;
11. Ownership and Copyright
11.1 All services of the production, including those from presentations (e.g. suggestions, ideas, sketches, preliminary drafts, scribbles, final drawings, concepts, negatives, slides), including individual parts thereof, as well as the individual workpieces and draft originals, remain the property of the production and can be reclaimed by the production at any time – in particular upon termination of the contractual relationship. By paying the fee, the customer acquires the right of use for the agreed purpose. Unless otherwise agreed, the customer may only use the production’s services in Austria. The acquisition of usage and exploitation rights to the production’s services always requires full payment of the fees charged by the production. If the customer uses the production’s services before this point in time, this use is based on a loan relationship that can be revoked at any time.
11.2 Changes or processing of services of the production, in particular their further development by the customer or by third parties working for them, are only permitted with the express consent of the production and – insofar as the services are protected by copyright – the author.
11.3 For the use of the production’s services that go beyond the originally agreed purpose and scope of use – regardless of whether this service is protected by copyright – the production’s consent is required. The production and the author are entitled to separate appropriate remuneration for this.
11.4 After the production contract has expired, the production’s consent is also required for the use of production services or advertising material for which the production has developed conceptual or creative templates, regardless of whether this service is protected by copyright or not.
11.5 In the first year after the end of the contract, the production is entitled to the full production fee agreed in the expired contract for uses according to Paragraph 4. In the 2nd or 3rd year after the contract expires, only half or a quarter of the remuneration agreed in the contract. From the 4th year after the end of the contract, no production fees are payable.
11.6 The customer is liable to the production for any unlawful use in double the amount of the fee appropriate for this use.
12.1 The production is entitled to an appropriate fee for participating in presentations, which, in the absence of an agreement, at least covers the production’s entire personnel and material costs for the presentation as well as the costs of all external services.
12.2 If the production does not receive an order after the presentation, all services of the production, in particular the presentation documents and their content, remain the property of the production; the customer is not entitled to continue to use them – in whatever form; the documents must be returned to the production immediately. The passing on of presentation documents to third parties as well as their publication, reproduction, distribution or other utilization is not permitted without the express consent of the production.
12.3 The customer is also prohibited from further using the ideas and concepts introduced in the course of the presentation, regardless of whether the ideas and concepts obtain copyright protection presented services.
12.4 If the ideas and concepts introduced in the course of a presentation are not commissioned in the form presented by the production, the production is entitled to use these ideas and concepts for other purposes.
13.1 The production is entitled to refer to the production and, if necessary, to the author on all advertising material and in all advertising measures, without the customer being entitled to any claim for payment.
13.2 Subject to the customer’s written revocation, which is possible at any time, the production is entitled to refer to the existing or previous business relationship with the customer on its own advertising media and in particular on its Internet website with the name and company logo (reference note).
14.1 The customer has to report any defects immediately, in any case within eight days after delivery / service by the production, hidden defects within eight days after detection of the same, in writing with a description of the defect; otherwise the service is considered approved. In this case, the assertion of warranty and compensation claims as well as the right to contest errors due to defects are excluded.
14.2 In the case of justified and timely notification of defects, the customer has the right to improve or exchange the delivery / service by the production. The production will remedy the deficiencies within a reasonable period of time, whereby the customer enables the production to take all measures necessary for investigation and remedial action. The production is entitled to refuse to improve the service if this is impossible or involves a disproportionately high effort for the production. In this case, the customer is entitled to the statutory conversion or reduction rights. In the case of improvement, it is the responsibility of the client to transfer the defective (physical) item at his own expense.
14.3 It is also the responsibility of the client to check the performance for its legal, in particular competition, trademark, copyright and administrative permissibility. The production is only obliged to carry out a rough check of the legal admissibility. In the event of slight negligence or after fulfilling a possible warning obligation to the customer, the production is not liable for the legal admissibility of content if this has been specified or approved by the customer.
14.4 The warranty period is six months from delivery / service. The right to recourse against the production in accordance with Section 933b (1) ABGB expires one year after delivery / service. The customer is not entitled to withhold payments due to complaints. The presumption regulation of § 924 ABGB is excluded.
15. Liability and product liability
15.1 In cases of slight negligence, liability of the production and that of its employees, contractors or other vicarious agents („people“) for property damage or financial damage to the customer is excluded, regardless of whether it is direct or indirect damage, lost profit or consequential damage caused by defects Delay, impossibility, positive breach of contract, negligence when concluding the contract, due to defective or incomplete performance. The injured party has to prove the existence of gross negligence. Insofar as the production’s liability is excluded or limited, this also applies to the personal liability of its “people”.
15.2 Any liability on the part of the production for claims made against the customer on the basis of the services provided by the production (e.g. advertising measures) is expressly excluded if the production has complied with its obligation to provide information or if it was not aware of any such obligation, whereby slight negligence no harm. In particular, the production is not liable for legal costs, the customer’s own legal costs or the costs of the publication of judgments, as well as for any claims for damages or other claims by third parties; the customer has to indemnify and hold harmless the production in this regard.
15.3 Claims for damages by the customer expire six months after knowledge of the damage; at least after three years from the production’s act of infringement. Claims for damages are limited in amount to the net order value.
16. Data protection (visual emphasis according to the judicature)
The customer agrees that his personal data, namely name / company, profession, date of birth, commercial 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 details, UID number) for the purpose of fulfilling the contract and supporting the customer as well as for our own advertising purposes, e.g. for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of indicating the existing or previous business relationship with the customer (reference), stored and processed. The client consents to electronic mail being sent to him for advertising purposes until further notice.
This consent can be revoked at any time in writing by e-mail, fax or letter to the contact details listed in the head of the General Terms and Conditions.
17. Applicable Law
The contract and all mutual rights and obligations derived from it as well as claims between the production and the customer are subject to Austrian substantive law, excluding its reference norms and excluding the UN sales law.
18. Place of performance and jurisdiction
18.1 The place of performance is the production’s headquarters. In the case of dispatch, the risk is transferred to the customer as soon as the production has handed over the goods to the transport company chosen by it.
18.2 The place of jurisdiction for all legal disputes arising between the production and the customer in connection with this contractual relationship is agreed to be the competent court for the production’s headquarters. Regardless of this, the production is entitled to sue the customer at his general place of jurisdiction.
18.3 Insofar as designations relating to natural persons are only given in masculine form in this contract, they refer equally to women and men. When applying the name to certain natural persons, the gender-specific form must be used.
19. Effectiveness of the provisions
19.1 In the event that individual provisions of this agreement are or become wholly or partially ineffective, or in the event that this agreement contains unintentional loopholes, this shall not affect the validity of the remaining provisions of this agreement. In place of the ineffective provision, such an effective provision shall apply as the production would have stated taking into account the purpose of this agreement if it had been aware of the ineffectiveness or lack of the relevant provision when drafting this agreement.