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dotONE Creative Studio
Ottakringer Straße 117
1160 Vienna, Austria
UID ATU66354367

email_ home@dotone.studio

Legal
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TERMS AND
CONDITIONS

1. Validity, conclusion of contract
   1.1 dotONE Creative Studio (referred to as “Studio” hereafter) provides its services solely on the basis of the following General Terms and Conditions (GTC). These GTCs apply to all legal relationships between the Studio and the customer, regardless of whether they are explicitly referred to or not.
   1.2 The version of the GTCs that is valid at the time the contract is concluded is considered binding. Any deviations from these GTCs and any supplementary agreements with the customer are only effective if they have been confirmed in writing by the Studio.
   1.3 Any terms and conditions of the customer, even if known, will not be accepted unless they have been expressly agreed upon in writing in individual cases. The Studio expressly objects to the customer’s terms and conditions. The Studio is not required to object further to the customer’s general terms and conditions.
   1.4 Any changes to the GTCs will be communicated to the customer and will be considered agreed upon if the customer does not object to the changes in writing within 14 days. The customer will be expressly informed of the importance of remaining silent in this communication.
   1.5 If any individual provisions of these General Terms and Conditions are ineffective, this will not affect the binding nature of the remaining provisions and contracts concluded based on them. Any ineffective provision will be replaced by an effective provision that comes closest to its intended meaning and purpose. 1.6 The Studio’s offers are subject to change and are non-binding.

2. Protection of concepts and ideas
   In the event that a potential customer has already requested the studio to create a concept before the conclusion of the main contract and the studio accepts this invitation, the following regulations will apply:
   2.1 The potential customer and the studio will enter into a contractual relationship, known as a “pitching contract,” upon the invitation and acceptance of the invitation by the studio. This contract will also be subject to the General Terms and Conditions.
   2.2 The potential customer acknowledges that the studio is already providing cost-intensive advance services with the development of the concept, even though the potential customer has not yet assumed any performance obligations.
   2.3 The concept, in its linguistic and graphic parts that reach work height, is subject to copyright protection. The potential customer is not allowed to use or edit these parts without the consent of the studio, solely because of copyright law.
   2.4 The concept also includes advertising-relevant ideas that do not reach the level of a work and are therefore not protected by copyright law. These ideas are the starting point of every creative process and can be defined as the spark that ignites everything that is later produced, thereby becoming the origin of the marketing strategy. Therefore, those elements of the concept that are unique and give the marketing strategy its distinctive character are protected. Specifically, advertising keywords, advertising texts, graphics and illustrations, advertising materials, etc., are considered ideas under this agreement, even if they do not reach the level of a work.
   2.5 The potential customer agrees not to commercially exploit, or have exploited or use, or have used, these creative advertising ideas presented by the studio as part of the concept, outside the scope of a main contract to be concluded later.
   2.6 If the potential customer believes that the studio has presented him with ideas that he had already come up with before the presentation, he must notify the studio of this within 14 days of the day of the presentation by email, citing evidence that allows chronological assignment to be announced.
   2.7 In the absence of such notification, the contracting parties will assume that the studio 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 studio was meritorious.
   2.8 The potential customer can release himself from his obligations under this clause by paying reasonable compensation plus 20% sales tax. The exemption will only occur after the studio has received full payment of the compensation.

3. Scope of services, order processing and the customer’s obligation to cooperate
   3.1 The services provided by the studio will be determined by the service description in the studio contract or order confirmation, as well as any briefing minutes (“offer documents”). Any changes to the service content must be confirmed in writing by the studio. The studio has creative freedom within the parameters specified by the customer.
   3.2 The customer must review and approve all services provided by the studio within three business days of receipt. If they are not approved within this timeframe, they are deemed to have been approved by the customer.
   3.3 The customer must provide all necessary information and documents to the studio in a timely and complete manner. The customer must also inform the studio of any circumstances that are important for the execution of the order, even if they become known during the execution of the order. The customer is responsible for any expenses incurred due to work that has to be repeated or delayed by the studio as a result of incorrect, incomplete or subsequently changed information.
   3.4 The customer is responsible for checking all documents (photos, videos, etc.) provided for the execution of the order for any copyright, trademark, or other rights of third parties (rights clearing), and warrants that the documents are free of third-party rights and can be used for the intended purpose. The studio is not liable in the event of slight negligence or after fulfilling its duty to warn – at least in the internal relationship with the customer – for any infringement of third-party rights through the documents provided. If the studio is sued by a third party because of such an infringement, the customer shall indemnify and hold the studio harmless and compensate them for all damages arising from third-party claims, including the costs of appropriate legal representation. The customer must provide all documents to the studio without being asked and must support the studio in defending against any claims by third parties.

4. External services / commissioning third parties
   4.1 The studio reserves the right to perform the service itself, use third-party experts as agents to provide contractual services, and/or substitute such services (“external services”) at its own discretion.
   4.2 The use of third-party experts within the scope of an external service is carried out either in the customer’s name or on behalf of the customer. The studio will carefully select these third parties and ensure that they have the necessary professional qualifications.
   4.3 The contractors commissioned by the studio for necessary or agreed external services are not agents of the studio.
   4.4 The customer is responsible for fulfilling obligations to third parties that go beyond the contract period, even in the event of the studio contract being terminated for good cause.
   4.5 The creatives and service providers of the studio are initially contracted through the studio and, unless otherwise agreed, must subsequently be booked through the studio. In case of direct bookings by the customer, the studio is entitled to the usual agency fee.

5. Appointments
   5.1 Delivery or service deadlines stated in the contract are not binding unless expressly agreed otherwise. If a deadline is binding, it must be confirmed in writing by the studio. Otherwise, the deadlines are considered approximate and non-binding.
   5.2 If the studio is unable to deliver the service on time, the customer may only terminate the contract if they have given the studio a reasonable grace period of at least 14 days in writing and the deadline has passed without result. Claims for damages due to non-performance or delay are excluded, except in cases of intentional or grossly negligent behavior by the studio.

6. Early Dissolution
   6.1 The studio has the right to terminate the contract immediately for important reasons. Such reasons include, but are not limited to:
   a) the service becomes impossible due to the customer’s fault or is significantly delayed even after a grace period of 14 days;
   b) the customer repeatedly breaches essential obligations under the contract, such as non-payment despite a written warning with a grace period of 14 days;
   c) the studio has valid concerns about the customer’s creditworthiness, and the customer fails to make advance payments or provide adequate security before the service is provided;
   d) the customer’s assets are subject to bankruptcy or composition proceedings, or if the customer ceases to make payments.
   6.2 The customer has the right to terminate the contract immediately for important reasons without setting a grace period. Such reasons include, but are not limited to, the studio’s continued violation of essential provisions of the contract, despite a written warning with a reasonable grace period of at least 14 days to remedy the breach of contract.

7. Fee
   7.1 Unless agreed otherwise, the studio is entitled to a fee for each service provided as soon as it has been completed. The studio may request advance payments to cover its expenses. For orders with a (yearly) budget of €18,000 or for those that extend over a longer period, the studio may issue interim invoices, advance invoices, or request payments on account.
   7.2 The fee is understood to be a net fee plus sales tax at the applicable statutory rate. In the absence of an individual agreement, the studio is entitled to a fee at the usual market rate for the services rendered and for transferring the copyright and trademark rights of use.
   7.3 All studio services not expressly covered by the agreed fee will be remunerated separately. The customer is responsible for reimbursing all cash expenses incurred by the studio.
   7.4 Cost estimates provided by the studio are non-binding. If it is foreseeable that the actual costs will exceed the studio’s written estimate by more than 10%, the studio will inform the customer of the higher costs. The cost overrun is considered approved by the customer if the customer does not object in writing within three working days of the notice and suggest cheaper alternatives. If the costs exceed the estimate by up to 10%, a separate agreement is not required. The customer is deemed to have approved the cost estimate from the outset.
   7.5 The studio is entitled to the agreed fee for all work performed by the studio that is not carried out by the customer for any reason. The provision of §1168 ABGB regarding the credit for unused work is excluded. By paying the fee, the customer does not acquire any rights of use for work already performed; concepts, drafts, and other documents that have not been implemented must be returned to the studio immediately.

8. Payment, retention of title
   8.1 The fee is due immediately upon receipt of the invoice and must be paid in full, unless otherwise agreed in writing. This includes all cash expenses and other expenses. The studio retains ownership of goods until full payment, including all ancillary obligations, has been received.
   8.2 If the customer is late in payment, statutory interest on arrears applies at the rate applicable to business transactions. The customer is responsible for reimbursing the studio for any necessary dunning and collection expenses resulting from the delay in payment. This includes the cost of two reminder letters, currently at least € 25.00 per reminder, and a reminder letter from a lawyer. The studio reserves the right to assert additional claims.
   8.3 In case of default in payment, the studio can demand immediate payment of all services and partial services rendered as part of other contracts concluded with the customer.
   8.4 The studio is not obliged to provide further services until the outstanding amount has been paid (right of retention). However, the obligation to pay the fee remains unaffected.
   8.5 If payment in installments has been agreed, the studio reserves the right to demand immediate payment of the entire outstanding debt in the event of late payment of partial amounts or ancillary claims (loss of deadline).
   8.6 The customer is not entitled to offset their own claims against the studio’s claims, unless the customer’s claim has been recognized in writing by the studio or has been determined by a court.
   8.7 Unless otherwise agreed, the customer must pay a 50% down payment upon acceptance of the offer and the remaining 50% upon delivery.

9. Cancellation Policy
   9.1 Unless otherwise agreed, the following cancellation conditions apply as agreed:
   a) 100% of the services already rendered 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 rendered 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 rendered 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 third-party services that have already been paid or ordered at the time of cancellation and can no longer be canceled or, if cancellation is possible, 100% of the cancellation fee;

10. Ownership and Copyright
    10.1 All services provided by the studio, including those from presentations (e.g. suggestions, ideas, sketches, preliminary drafts, scribbles, final artwork, concepts, negatives, slides), including individual parts thereof, remain the property of the studio just like the individual workpieces and draft originals and can can be reclaimed by the studio at any time – especially upon termination of the contractual relationship. By paying the fee, the customer acquires the right of use for the agreed purpose. The acquisition of rights of use and exploitation of the studio’s services requires full payment of the fees charged by the studio. If the customer uses the studio’s services before this point in time, this use is based on a loan relationship that can be revoked at any time.
    10.2 Changes or processing of the studio’s services, such as in particular their further development by the customer or by third parties working for them, are only permitted with the express consent of the studio and – insofar as the services are protected by copyright – the author.
    10.3 The studio’s consent is required for the use of studio services that go beyond the originally agreed purpose and scope of use, regardless of whether this service is protected by copyright. The studio and the author are entitled to separate appropriate remuneration for this.
    10.4 For the use of studio services or advertising material for which the studio has developed conceptual or design templates, the consent of the studio is also required after the studio contract has expired, regardless of whether this service is protected by copyright or not.
    10.5 For uses according to paragraph 3, the studio is entitled to the full studio remuneration agreed in the expired contract in the first year after the end of the contract. In the 2nd or 3rd year after the end 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 fee is payable.
    10.6 The customer is liable to the studio for any unlawful use in double the amount of the appropriate fee for this use.

11. Presentations
    11.1 The studio is entitled to an appropriate fee for participation in presentations, which, in the absence of an agreement, at least covers the studio’s entire personnel and material expenses for the presentation as well as the costs of all external services.
    11.2 If the studio does not receive an order after the presentation, all of the studio’s services, in particular the presentation documents and their content, remain the property of the studio; the customer is not entitled to continue to use them in any form whatsoever; the documents are to be returned to the studio immediately. Presentation documents may not be passed on to third parties or published, duplicated, distributed or otherwise used without the studio’s express consent.
    11.3 The customer is also prohibited from further use of the ideas and concepts introduced in the course of the presentation, regardless of whether ideas and concepts are protected by copyright. By paying the presentation fee, the customer does not acquire any exploitation or usage rights to the presented achievements.
    11.4 If the ideas and concepts introduced in the course of a presentation are not commissioned in the form presented by the studio, the studio is entitled to use these ideas and concepts elsewhere.

12. Marketing
    12.1 The studio is entitled to refer to the studio and possibly to the author on all advertising material and in all advertising measures, without the customer being entitled to a fee for this.
    12.2 Subject to the written revocation of the customer, which is possible at any time, the studio is 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 with the name and company logo (reference note).

13. Warranty
    13.1 The customer must report any defects immediately, in any case within eight days after delivery/service by the studio, hidden defects within eight days of recognizing them, in writing with a description of the defect; otherwise the service is deemed to have been approved. In this case, the assertion of warranty and damage claims as well as the right to contest errors due to defects is excluded.
    13.2 In the event of a justified and timely notice of defects, the customer has the right to have the delivery/service improved or replaced by the studio. The studio will rectify the defects within a reasonable period of time, whereby the customer enables the studio to take all measures necessary for the investigation and rectification of defects. The studio is entitled to refuse to improve the service if this is impossible or involves a disproportionate amount of effort for the studio. In this case, the customer is entitled to the statutory conversion or reduction rights. In the case of improvement, it is up to the customer to transmit the defective (physical) item at his own expense.
    13.3 It is also the customer’s responsibility to check the service for its legal admissibility, in particular with regard to competition, trademark, copyright and administrative law. The studio is only obliged to carry out a rough check of legal admissibility. In the event of slight negligence or after fulfilling any duty to warn the customer, the studio is not liable for the legal admissibility of content if this was specified or approved by the customer.
    13.4 The warranty period is six months from delivery/service. The right of recourse against the studio according to § 933b paragraph 1 ABGB expires one year after delivery/service. The customer is not entitled to withhold payments due to complaints. The presumption of § 924 ABGB is excluded.

14. Liability and Product Liability
    14.1 In cases of slight negligence, the studio and its employees, contractors or other vicarious agents (“people”) are not liable for property damage or financial loss suffered by the customer, regardless of whether it is direct or indirect damage, loss of profit or consequential damage, damage due to default, impossibility, positive breach of contract, fault at the conclusion of the contract, due to defective or incomplete performance. The injured party has to prove the existence of gross negligence. Insofar as the liability of the studio is excluded or limited, this also applies to the personal liability of its “people”.
    14.2 Any liability of the studio for claims made against the customer on the basis of the service provided by the studio is expressly excluded if the studio has fulfilled its obligation to inform or if such was not recognizable to it, with slight negligence no harm. In particular, the studio is not liable for legal costs, the customer’s own legal fees or costs for the publication of judgments, as well as for any claims for damages or other claims by third parties; the customer must indemnify and hold harmless the studio in this respect.
    14.3 Claims for damages by the customer lapse six months after knowledge of the damage; but in any case after three years from the infringing action of the studio. Claims for damages are limited to the amount of the net order value.

15. Privacy
    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, UID number) for the purpose of fulfilling the contract and looking after the customer and for our own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of pointing out the existing or previous business relationship with the customer (reference note) determined automatically, are stored and processed. The client agrees that electronic mail will be 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 given at the top of the General Terms and Conditions.

16. Governing Law
    The contract and all mutual rights and obligations derived from it as well as claims between the studio and the customer are subject to Austrian substantive law to the exclusion of its reference standards and to the exclusion of the UN Sales Convention.

17. Place of Performance and Jurisdiction
    17.1 The place of fulfillment is the registered office of the studio. In the case of shipping, the risk passes to the customer as soon as the studio has handed over the goods to the transport company it has chosen.
    17.2 The place of jurisdiction for all legal disputes arising between the studio and the customer in connection with this contractual relationship is the competent court for the studio’s registered office. Irrespective of this, the studio is entitled to sue the customer at his general place of jurisdiction.
    17.3 Insofar as designations relating to natural persons are only given in the masculine form in this contract, they refer to women and men in the same way. When applying the designation to specific natural persons, the respective gender-specific form is to be used.

18. Effectiveness of the Provisions
    18.1 In the event that individual provisions of this agreement are or become invalid in whole or in part, or in the event that this agreement contains unintended gaps, the validity of the remaining provisions of this agreement shall not be affected. The ineffective provision shall be replaced by such an effective provision as the agency would have specified, taking into account the purpose of this agreement, if the agency had been aware of the ineffectiveness or the absence of the relevant provision when drafting this agreement.