Terms and Conditions

1. Scope
These General Terms and Conditions apply to all quotations, contracts and services provided by the Contractor in the field of graphic and communication design. Any terms and conditions of the Client that differ from these shall only apply with the Contractor’s express written consent.

2. Scope of services
The specific scope of services is set out in the relevant quotation, an order confirmation or a written briefing. Within the agreed framework, there is creative freedom.
Any subsequent changes or additions to the order require our approval and will be invoiced separately.

3. Quotation & Conclusion of Contract
A contract is formed upon written acceptance of the offer or upon commencement of work by mutual agreement.
All offers are subject to change unless confirmed in writing.

4. The client’s obligations to cooperate
The Client shall provide all documents, content and information required for the project in full and in a timely manner. The Client shall bear the costs of any additional work or delays resulting from incomplete, incorrect or subsequently amended information. The Client guarantees that the content provided is free from any third-party rights. The Client shall be solely liable for any infringements of copyright, trademark or personal rights and shall fully indemnify and hold the Contractor harmless.

5. Approvals
Drafts, interim versions or final files must be approved in writing by the client within 3 working days of being sent. If no response is received within this period, the files sent shall be deemed to have been approved.
Once approval has been given, the contractor accepts no liability for errors relating to content, technical issues or reproduction, in particular with regard to print results, colour variations, display on websites or social media, or errors in content provided or approved by the client.
Any subsequent changes will be treated as additional services and charged separately.

6. External services & engagement of third parties
The contractor may engage third parties to provide services such as printing, photography, proofreading, web hosting or technical implementation. This may be done in the contractor’s own name or – subject to notification – on behalf of the client. Costs and obligations towards such service providers shall be borne by the client, provided that the client has been notified.

7. Dates
Deadlines are not binding unless they have been expressly agreed in writing as firm. Delays beyond the Contractor’s control (e.g. force majeure, technical failures, delayed cooperation from the Client) shall extend the agreed deadlines accordingly. If such delays last for more than two months, either party may withdraw from the contract.

8. Fees & Terms of Payment
The fee is based on the relevant quotation. The entitlement arises as soon as a service has been provided. Depending on the progress of the project, the contractor may issue payments on account or partial invoices. Invoices are due for payment in full within 14 days of the date of issue. In the event of late payment, interest at a rate of 9% above the applicable base rate shall be charged. In addition, reasonable reminder and collection costs may be charged. The client is obliged to reimburse the contractor for any costs incurred.
In the event of late payment, the Contractor is entitled to suspend work in progress, withhold services and data, and declare all outstanding instalments immediately due and payable. All rights of use shall remain with the Contractor until full payment has been made.

9. Copyright & Rights of Use
All drafts, designs and layouts produced by the contractor are subject to copyright. Upon full payment, the client shall be granted a non-exclusive, non-transferable licence for the agreed purpose and scope of use.
The following are not included: disclosure to third parties, further processing or modification of the work, use beyond the agreed scope, and the provision of open working files (e.g. AI, INDD, PSD), unless expressly agreed.
Any extended or additional use requires written consent and separate remuneration. Unauthorised use will be charged at a rate of at least double the standard industry fee.

10. Liability
In the context of B2B business, the contractor’s liability is limited to cases of wilful misconduct, to the extent permitted by law. Liability for slight or gross negligence is excluded. The exclusion of liability covers, in particular, indirect damage, consequential damage, loss of profit, printing and production costs, technical failures, data loss, display errors with third-party providers, delays for which the Contractor is not responsible, and infringements of rights caused by the Client’s content. The Client shall fully indemnify and hold the Contractor harmless against all claims by third parties. Claims for damages shall become time-barred six months after becoming known, but no later than three years after the alleged breach of duty. In the event that liability is nevertheless incurred, the amount of such liability shall be limited to the net contract value.

11. Liability in the event of further use, printing and publication
Once the client has approved or used the data provided, the contractor accepts no liability for colour or quality discrepancies in the print, discrepancies arising from further processing or data conversion, technical display issues on websites and social media platforms, or upload or publication processes not carried out by the contractor. All print approvals are the sole responsibility of the client.
Unless otherwise expressly agreed, the client shall be responsible for procuring any fonts that are subject to a fee or are specialised, and for obtaining the necessary licences. The client shall be solely responsible for ensuring compliance with all copyright and licensing rights in relation to the fonts used.

12. Withdrawal & Cancellation
If the client terminates a contract prematurely, all services rendered and costs incurred up to that point must be paid for. Unused designs remain the property of the contractor and may not be used.

13. Acknowledgement & Use of the Customer’s Logo
The Contractor is entitled to use the Client’s name and logo, as well as project highlights, on its own website, in presentations and on social media channels for reference purposes. The Client may object to such use in writing at any time.

14. Final provisions
Austrian law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Vienna. Should any provision of these Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.