of the Company
1180 Wien, Österreich
Last Update: 01.10.2017
The following general terms and conditions (GTC) are an integral part of all contracts with the company Benedikt Tomaselli (hereinafter referred to as the company). All services are subject to the conditions set out here. The company provides services for the client (hereinafter referred to as “the AG”) in the areas of web design and search engine optimization with the aim of placing the website of the AG in the search results of the most important search engines as far up as possible. Amendments to the general terms and conditions shall be communicated to the Client in writing, with the exception of the amended clauses. If the customer does not object within four weeks, the latter shall be deemed agreed.
These General Terms and Conditions (AB) apply to all present and future services which the Company provides against the Customer, even if the terms and conditions are not expressly referred to in the contract. The General Terms and Conditions of the AG only apply if they have been accepted by the company in writing.
§2 Offer and conclusion of contract
Offers are free and non-binding. Orders are only deemed accepted by a written order confirmation (also by e-mail). The transfer of the invoice amount shown in the offer to the account of the company as a purchase acceptance shall also apply. The AG has to notify the company immediately of any important changes on the part of the client in his environment (company, address, legal form, VAT ID, etc.). The transfer of rights and obligations from a contract with the company to third parties requires the prior written approval of the company. The company does not have to verify the correctness of the data on the existing computer systems, planned hardware modifications or functional aspects. The sole responsibility for this information lies with the customer. Employees and / or agents of the company can not make any agreements which deviate from the performance specifications, tariffs and these general terms and conditions, in particular no guarantee statements regarding the number of visitors to be reached and the placement in search results. Deliveries, services and offers are generally based on these terms and conditions. Subsidiary agreements require written form.
§3 Performance description
The scope of the services to be rendered results from the description of the services offered by the client in writing. Subsequent changes to the performance are subject to written confirmation by the company. If a detailed description of the service or individual points is not clearly defined, it is up to the company how and to what extent these points are carried out.
Orders from domains or subdomains which, due to their name, could violate or violate applicable law are invalid.
The AG is responsible for the fact that a domain or subdomain does not violate trademark rights or other rights to the name or description. The Client shall exempt the Company from any liability that may result from this.
The registration of a domain for the AG is done by the responsible NIC or a third company.
The company does not guarantee that a domain, which is still free to be registered when registering, is still free. The company also does not believe that an entry is technically or legally possible.
Domains are registered immediately after successful order and are excluded from the right of revocation.
The hosting (webspace, email accounts, nameservers, etc.) is provided by a third party. The company assumes no responsibility whatsoever for any damage to hosting.
The commissioning of a hosting package for the AG can be arranged by the company at the request of the AG. There is, however, no contract between the hosting provider and the company, but exclusively between the AG and the hosting provider.
4 Prices, Payments and Obligations
All prices are net prices. The current price list or the individual agreed offer is always valid. The prices agreed upon on assignment are always decisive. In case of withdrawal of the contractor from the contract, the work expenses already paid by the contractor shall be remunerated.
Unless otherwise agreed, the invoice amount shall be payable within 14 days of receipt of the invoice and shall be paid without any deduction and free of charge for the recipient. In the event of a delay in payment, the company is entitled to suspend contractual services until payment is complete, and default interest in the amount of 9% p.a. to calculate. Furthermore, the defaulting payer shall bear all costs incurred by the company which are necessary and useful for appropriate legal prosecution and extrajudicial collection. The amount of these costs depends on the usual and legally applicable tariffs of the respective intervenants. The assertion of a higher damage caused by default remains reserved. The goods remain the property of the company (as a rule, the website, otherwise all services connected with the order and already provided) until full payment is received. The legal process remains unaffected.
The AG provides all necessary texts, images and data for the content of the website in a timely manner in digital form.
the company is not obliged to check or to monitor whether the contents of the website of the AG infringe third party rights, or are built according to the specifications of the respective search engine operators. The responsibility for a possible punishment of third parties is borne solely by the AG. The AG is also solely responsible for the legal permissibility of the contents of its pages, as well as for the information supplied by it. This information includes keywords, keywords, and terms to be optimized. The AG is also responsible for the protection of the rights and freedom of third parties, in particular from the point of view of copyright, competition law and criminal law. This also applies to the keywords, keywords and terms to be optimized by the customer, which are based on a proposal from the company in the context of a competition analysis. The customer is solely responsible for these contents.
The AG agrees to the fact that within the framework of the contract concluded with it, the company is allowed to store, modify and / or delete data about its person. With the conclusion of the contract, the AG also agrees that data relating to its person may be transmitted to third parties within the framework of the need. This applies, in particular, to the transmission of data necessary for the registration and / or modification of a domain in search engines, catalogs and lists, which may subsequently become public. For all other customer data the company commits the transfer to third parties who are not involved in the execution of the order.
The AG may terminate the contractual relationship according to the agreed maturity and notice period without giving reasons. The notice of termination must be notified to the company in writing by registered letter. The right of immediate termination for good cause remains unaffected. All conditions agreed upon at the time of conclusion of the contract shall be valid for the entire contractual relationship. the Company reserves the right to terminate current contracts without giving reasons. This is communicated to the client in writing by mail. The contract has a minimum term of one month, unless otherwise agreed. The contract is automatically renewed for another month, if no notice is given up to one month before the expiration date. Any agreement to the contrary is possible by arrangement. The termination shall be effected in writing by registered letter. In the event of termination by the Customer, the service shall be terminated without delay with regard to page placement. The files, contents and optimizations created on behalf of the customer become the property of the company.
The AG undertakes to keep all business and company secrets, which are made available or disclosed to it during the execution of the contract, or as confidential information. This also applies to the contract for two years.
9 Fulfillment and warranty
If nothing else has been agreed, the company will pay the fee for each individual service as soon as it has been provided.
The company agrees with the AG according to the order assignment an optimization and entry of its Internetseiten in the appropriate search engines according to the service offer. the company optimizes the search terms defined in the respective search engines and directories. The first verifiable results are recognizable approximately 6-8 weeks after the optimization.
The prerequisite for this is that the company has received all relevant data from the AG for this purpose. The company is not compensated by the company for a non-publication or deletion (also for reasons of a search for a search engine) through one or more search service providers (search engines) against the AG, as this is solely at the discretion of the relevant search engines. The AG is informed that the position of its websites in the search engines can change at any time. The aim of the contract is to position them at the top positions with regard to the defined search terms and the corresponding search engines. The company assumes no guarantee that the registered site will be reached in an exposed position. All performance agreements between the contracting parties must be in writing. In the event of a delay in performance due to force majeure or performance disruptions in the sense of operational disturbances, strikes or similar which make the company more or less difficult to meet in due time, both parties are allowed to rescind the contract after the expiry of 20 working days after the end of the contract. If the provision of the service proves to be impossible due to such circumstances, the parties are exempted from the obligation to fulfill the contract by rescission.
10 Warranty violation
The AG shall notify any defects immediately, in any case within eight days of delivery / performance by the company, of hidden defects within eight days after their discovery, in writing with a description of the defect, in particular with the logging of reported error notifications; otherwise, the performance is deemed approved. In this case, the assertion of warranty claims and claims for damages as well as the right to challenge claims for defects are excluded.
The customer is obliged to support the company in all possible ways to remedy the defects. Before any troubleshooting, programs, data, and data carriers must be fully backed up. The company is not liable for loss of data and programs. If the defect can not be remedied after two attempts and after an additional period of four weeks, the customer is entitled to terminate the contract in writing with immediate effect. The AG is not entitled to any additional compensation claims. Errors and defects caused by external influences (including unauthorized access via the Internet), operating errors, components or products of third parties, computer viruses – of whatever kind – or modifications, additions or other manipulations made by the company are fundamentally by the warranty locked out. The AG is aware that most search engines are always entitled to delete individual websites from their search offer. The company can not assume liability for such a case. The AG assures that it can only register or optimize its Internet address (es), or is acting on behalf of third parties with their consent. In the event of damage to third-party websites, the sole responsibility of the client is to be held responsible. The company can not be held responsible for regress payments and damages.
The warranty does not apply if the AG changes the website supplied by the company or is redesigned in any form, including updates of the components. The same applies to defects caused by operating errors.
The company is only liable for intent and gross negligence. Liability for slight negligence, the replacement of consequential damages and property losses (such as loss of data and consequential damages), unrealized savings, loss of profit, loss of interest and damages resulting from claims by third parties against the client is excluded. The injured party must prove the existence of slight or gross negligence. The company is not liable for damage caused by acts of third parties, force majeure or due to the fact that third parties illegally transfer data or program parts into their authority and reuse them. The liability of the company is, in any event, limited to the invoice sum of the respective order. The regulations listed here also apply to persons who commission the company to carry out the order.
12 Final provisions
Deviations from these terms and conditions are only valid if they have been agreed in advance. The company’s legal successors are also bound by obligations arising from contracts concluded on the basis of these terms and conditions. Should these terms and conditions contain an invalid provision, the remaining provisions shall not be affected. In this case, the ineffective provision shall be replaced by an effective one. It must come closest to the economic purpose of the formulation.
The court of jurisdiction is Vienna. For delivery and payment, the place of performance shall be the place of business of the seller, even if the delivery takes place at another place. Austrian law applies.