Grafik und Webdesign
Grafik und Webdesign
§ 2 Offers, conclusion of contract
By placing an order with Sarah Design Agency, the customer recognises these General Terms and Conditions for the duration of the entire business relationship.
Sarah Design Agency’s offers are subject to change and non-binding. Orders are placed in writing, by email or by verbal agreement.
Orders placed by the client are accepted by Sarah Design Agency by written order confirmation by email or letter post.
Corrections and changes, provided they do not exceed 10% of the pure development costs, are included in the flat-rate offer prices.
Should cost increases of more than 10% of the offer amount occur before the order is executed, the customer will be informed of these in good time.
Only in this case will the client be granted the right to withdraw from an existing contract between him and Sarah Design Agency.
After written order confirmation and upon commencement of the work, an advance payment of 50% of the total order amount is due, unless otherwise agreed.
§ 3 Acceptance
Acceptance shall take place in writing by means of a release note. If no detailed written notice of defects is received within a period of 14 days after delivery of the project results,
the delivered project results shall be deemed to have been accepted or approved. Holiday periods do not interrupt these regulations.
They must be announced by both parties in good time. A lead time of two weeks shall be deemed to be in good time.
Any complaints must be made immediately after receipt of the work results.
§ 4 Delivery
Part of the data is collected in order to
ensure error-free provision of the website. Other data may be used to analyse your
user behaviour.
What rights do you have regarding your data?
Delivery dates are subject to agreement. The delivery period is interrupted for the duration of the review of drafts, demos, test versions, etc. by the client.
The interruption is calculated from the date of notification of the client until the date of receipt of the client’s statement. If, after the order has been placed, the client requests changes to the order which affect the production time, the delivery time shall be extended accordingly. In the event of a delay in delivery, the client shall in any case only be entitled to exercise the rights to which he is legally entitled after setting a reasonable grace period of at least two weeks.
§ 5 Terms of payment
Unless otherwise agreed, all invoices are due immediately without deduction. If payment deadlines are exceeded, Sarah Design Agency is entitled to charge the statutory default interest.
§ 6 Third-party rights, data security and content
The client indemnifies Sarah Design Agency against all third-party claims regarding the data provided. The client is obliged to observe the copyright and rights of third parties with regard to the data provided to Sarah Design Agency and must have authorisation for the publication and/or modification of this data. The client is obliged to make backup copies of all data sent to Sarah Design Agency, in whatever form. The graphic design agency is not liable for the loss or alteration of data. The client is prohibited from using the services of the graphic design agency for pornographic or other legally unauthorised content.
§ 7 Confidentiality, data protection
The information provided to Sarah Design Agency shall not be deemed confidential unless expressly agreed otherwise. Insofar as Sarah Design Agency utilises third parties to provide the services offered, it is entitled to disclose the client data to the third party if this is necessary for the purposes of the contract.
§ 8 Copyright, rights of use
For all work and designs created by Sarah Design Agency, rights of use are granted to the client to the respective extent.
The copyright lies with Sarah Grafik Agency. Unless otherwise agreed, it is authorised to use designs and work for its own advertising in all media.
It is also authorised to affix a copyright notice to the advertising material produced, unless otherwise agreed.
§ 8 Services, liability, compensation
The services provided by Grafik und Design Agency primarily include strategic consulting, conceptualisation and production processing of print media.
In the case of projects that exceed a certain order volume or at the customer’s request, a preliminary proof will be produced for print products. This is not the case for small print runs. The Sarah Design Agency therefore accepts no liability for colour deviations in the print result. By placing an order, the customer acknowledges that they accept colour deviations and that this is in no way related to the correct fulfilment of the order by Sarah Design Agency.
§ 10 Development of websites
The creation of websites is carried out by Sarah Design Agency following a prior written offer. After termination of the contractual relationship through receipt of payment and handover of the pages to the client, Sarah Design Agency Grafik assumes no guarantee for errors caused by the client’s intervention or the intervention of third parties. Upon handover of the website, the client must ensure that the pages produced by Sarah Design Agency function under the previously defined test conditions. Sarah Design Agency does not guarantee the completeness of the data or that the service fulfils a specific purpose pursued by the client. A deadline for completion must be agreed in writing in advance and the required data must be provided by the client. If this is not the case or only partially the case, completion will be delayed by a reasonable period of time. Sarah Design Agency is not liable for any losses incurred by the client due to a possible delay in the fulfilment of the order. Even in the case of bindingly agreed deadlines, Sarah Design Agency is not responsible for a delay in the provision of services due to force majeure and due to events that make it significantly more difficult or impossible for Sarah Design Agency to provide the service. A reasonable timeframe for completion must also be set here.
§ 10.1 Storage space and domain names
Sarah Design Agency does not guarantee the availability of certain domain names and excludes liability for the temporary unavailability of the hosted domain.
§ 10.2 Transfer of data to the server
Sarah Design Agency does not guarantee the error-free presentation of content on server space rented by the customer.
§ 11 Acceptance/withdrawal from the contract
If the client withdraws from the contract or does not accept the completed products or websites, the client shall be in default of acceptance. In the event of default of acceptance, Sarah Design Agency is entitled to insist on fulfilment of the contract or, alternatively, to demand compensation for non-fulfilment. Sarah Design Agency may claim 75% of the offer price on which the order is based as compensation from the customer.
In the event of non-payment of web orders, Sarah Design Agency reserves the right to deactivate websites provided.
§12 Place of fulfilment and place of jurisdiction
In business transactions with merchants and legal entities under public law, the place of jurisdiction for all legal disputes arising from the contract, including the Graz-Ost District Court, is agreed.
§ 13 Retention of title / rights of use
The copyright for published objects created by Sarah Design Agency (manuscripts, concepts, manuals, printed matter, websites, graphics, illustrations, etc.) remains solely with Sarah Design Agency. Unless otherwise agreed, the client receives the agreed rights of use for the created objects upon full payment. Reproduction or use of such objects in other electronic or printed publications, in particular on other websites, is not permitted without the express consent of Sarah Design Agency.
§ 14 Severability clause & 306 para. 3 BGB
14.1 The invalidity of individual provisions shall not affect the validity of the remaining provisions. The parties will replace the invalid provision with a new provision that comes closest to the intended economic purpose. 14.2.2 Amendments and/or supplements must be made in writing. This written form requirement also applies to the cancellation of the written form requirement. 14.3 The place of fulfilment for the Designer’s services and for customer payments shall be the registered office of the respective Designer. 14.2 The place of jurisdiction for disputes is the registered office of the respective Designer if the customer is a merchant who does not fall under Section 306 (3) BGB, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Austria. In this case, the Designer is also entitled to sue at the Customer’s headquarters. 14.5 If the Customer has its registered office abroad, the law of the Federal Republic of Austria shall apply exclusively.