Submarine

Conditions

1 I These "General Terms and Conditions of Business" (hereinafter referred to as GTC) serve the purpose of defining rights and obligations - insofar as they go beyond mandatory law - both of Team sisu GmbH and its client and to create the clearest possible contractual relationships in business transactions.

2 I The General Terms and Conditions are an integral part of contracts for work and services, the subject of which is the professional execution of orders in the area of the Agency.

3 I Team sisu GmbH is entitled to have the order carried out (in whole or in part) by expert, employed staff or commercial/freelance cooperation partners. The collaboration of specialized partners must be agreed in writing.

4 I Furthermore, the client shall ensure that Team sisu GmbH is provided with all documents necessary for the fulfilment of the order in a timely manner, even without the client's express request, and that the client is informed of all processes and circumstances that are relevant to the execution of the order. This also applies to all documents, processes and circumstances that only become known during the fulfilment of the order.

Furthermore, the customer is obliged to check the examination of copyrights, trademark rights or other rights of third parties provided for the execution of the order documents (photos, logos, etc.) for possible existing copyrights, trademark rights or other rights of third parties. Team sisu is not liable for any infringement of such rights.

If a claim is made against Team sisu GmbH due to such a violation of rights, the customer shall indemnify and hold Team sisu GmbH harmless; the customer shall compensate Team sisu GmbH for all disadvantages incurred by Team sisu GmbH as a result of a third-party claim.

5 I The activities of Team sisu GmbH are generally based on an agreement with the client, which includes both the scope of services and the remuneration to be invoiced.

6 I Changes to an agreement between Team sisu GmbH and the client are only valid if they are made in writing.

ART.1 Scope and scope of the order

1 I The general terms and conditions apply if their application has been expressly agreed.

2 I In order to establish as clear a contractual relationship as possible, the scope and extent of the order shall be defined as detailed as possible between the contracting parties in an (optional) service description. If a service description has not been provided, the scope of services shall be based on the offer submitted.

3 I Adequate order bases are an indispensable prerequisite for the provision of services. These are above all:

I Comprehensive briefing

I Provision of detailed documentation

I Terms and conditions

etc.

ART. 2 Execution and delivery deadlines

1 I When accepting an order, precise agreements must be made regarding the deadline for the work to be carried out or the deliveries, depending on the scope of the order.

2 I The services ordered are deemed to have been rendered upon delivery of the work.

3 I The contractually agreed delivery time begins on the day of acceptance of the order by Team sisu GmbH, when all necessary work documents have been provided by the client as customer. The agreed delivery dates must be adhered to. Insofar as damage is due to the fault of Team sisu GmbH, except in the case of intent or gross negligence, any liability for damages to the customer as client is limited to the amount of the invoice amount for the agreed order.

ART. 3 Remuneration for presentations

1 I The invitation of the client to produce a presentation (preliminary draft) is deemed to be an order to provide a defined service content that establishes a legal claim to remuneration for the presentation. The amount of the fee depends on the respective agreement.

Should the amount of the fee not have been agreed upon on the occasion of the invitation, an appropriate fee shall be due.

2 I By holding the presentation, the order is accepted and fulfilled at the same time.

ART. 4 Copyright provisions and rights of use

1 I The legal copyright of Team sisu GmbH to its work is indispensable.

2 I The client is obliged to ensure that the services of Team sisu GmbH are only used for the agreed purpose of the order.

3 I The rights to use the work granted to the customer may only be transferred to third parties, whether for payment or free of charge, with the express consent of Team sisu GmbH as the author. In the case of further use beyond this, the originator must always be consulted.

4 I The customer is only authorised to use the copyright-protected services in the agreed manner after proper payment of the agreed fee.

5 I Copyright-protected services may not be changed either in the original or in reproduction without the permission of the author. Imitations of any kind whatsoever are not permitted.

6 I The design originals remain the property of the author and can be reclaimed after use. Archiving is subject to prior agreement (in particular for the duration).

7 I If copyright services are used beyond the agreed form, purpose and scope, the customer is obliged to pay Team sisu GmbH a further appropriate fee for this. This also applies in the case of a new edition of a printed work.

8 I In the case of services protected by copyright, the scope of use of which is not yet determined at the time of conclusion of the contract or which are suitable for unrestricted use as a commercial object in business dealings, the fee consists of two parts: firstly, as a fee for the preparation in the original and, secondly, as remuneration for the unrestricted transfer of the rights of use (copyright).

9 I If the remuneration for the unrestricted transfer of all rights of use has not been expressly stipulated when the contract was concluded, in case of doubt the agreed fee shall only represent the remuneration for the preparation of the services commissioned.

10 I Team sisu GmbH is entitled to affix its company name, including the associated corporate design, to any object of appropriate size that it designs and implements.

11 I In the course of designing websites or other commissioned works, Team sisu GmbH also uses stock material (photos, videos, music etc.) or web fonts ("web fonts") that are subject to licensing. This material is subject exclusively to the license terms of the respective provider.

ART. 5 Confidentiality obligation

1 I Team sisu GmbH treats all internal processes and information received that it has become aware of through its work with and for the customer as strictly confidential; in particular, order-related documents are only made available to third parties with the express consent of the customer.

2 I Team sisu GmbH must encourage its employees and staff to observe these principles.

ART. 6 Right of withdrawal

1 I In the event that an agreed delivery time is exceeded through the sole fault of Team sisu GmbH, the client is entitled to withdraw from the contract by registered letter, if the agreed service is not provided in essential parts within a reasonable period of grace through no fault of the client.

2 I Force majeure, labour disputes, natural disasters and transport blocks release Team sisu GmbH from its delivery obligation or allow it to redefine the agreed delivery deadline.

3 I Cancellations by the client are only possible with the written consent of Team sisu GmbH.

In the event of a cancellation, Team sisu GmbH has the right to charge an appropriate cancellation fee in addition to the services provided and costs incurred.

ART. 7 Place of performance

1 I Unless otherwise agreed, Team sisu GmbH provides its services at its place of business.

ART. 8 Fee claims and payment conditions

1 I Team sisu GmbH is entitled to payment of an appropriate fee by the client in return for providing its services.

2 I In accordance with the fee guidelines published by the Advertising and Market Communication Association (non-binding association recommendation pursuant to § 32 Cartel Act), the total fee is generally made up of the following factors:

I Conception (preliminary draft, conceptual problem-solving approach, sketches, scribbles, presentation of design work etc.)

I elaboration (layout, programming, samples, calculation etc.)

I Type of use (copyright, usage fee)

I Ancillary services (models, procurement of order-specific information, production monitoring, etc.)

I Supplements to the fee (services outside normal working hours and outside Austria)

I Ancillary costs (travel expenses, telephone costs, etc.)

I External services

3 I Invoices issued by Team sisu GmbH, including value added tax, are payable in accordance with the agreed conditions without any deductions and free of charges. In the event of late payment, interest on arrears at the rate of 12 percent p.a. will be charged. For partial invoices, the terms of payment specified for the entire order apply analogously.

4 I In the case of orders which comprise several units or work steps, the contractor is entitled to invoice after delivery of each individual unit or service.

5 I The client is not entitled to withhold payments due to incomplete overall performance, guarantee or warranty claims or criticism.

ART. 9 Level of fees

1 I Unless otherwise agreed in writing, the amount of the fee is based on the relevant provisions of the "Fee Guidelines for Advertising Agencies" published by the Advertising and Market Communication Association (Fachverband Werbung und Marktkommunikation) in force at the time the fee note is issued.

2 I The fee rates shown there are minimum rates.

ART. 10 Liability and warranty

1 I Team sisu GmbH is obliged to carry out orders carefully and professionally, while protecting all the customer's interests. Team sisu GmbH is only liable for damages in the event that intent or gross negligence can be proven, and only within the framework of legal regulations.

2 I For his part, the client is liable for ensuring that Team sisu GmbH is provided with the documents and information necessary for the preparation of the service in a timely manner.

3 I Warranty and compensation claims can only be asserted in court within six months after the person(s) entitled to claim has (have) become aware of the damage, but no later than one year after the event giving rise to the claim - limited to the areas of activity covered by Team sisu GmbH.
Claims for damages are limited to the net order value, regardless of their legal basis.

4 I If the activity is carried out with the involvement of a third party and the client is notified of this, any warranty and liability claims against the third party arising under the law and the terms and conditions of the third party shall be deemed to have been assigned to the client.

5 I The client is entitled to have defects rectified free of charge, provided that Team sisu GmbH is responsible for the defects and Team sisu GmbH was informed immediately after they became known. This entitlement expires six months after Team sisu GmbH has provided the service complained about.

6 I If the rectification of any defects fails, the client has the right to a reduction in price or, if the service provided is rightfully of no interest to the client due to the failure of the rectification, the right to rescission.

7 I The liability of Team sisu GmbH for slight negligence (except for personal injury) as well as for consequential damage and loss of profit is generally excluded. The customer must prove the existence of gross negligence. Notwithstanding this, the following applies for consumers: Team sisu GmbH's liability for slight negligence, except for personal injury, is excluded. The prerequisite for any claims against Team sisu GmbH is the immediate, written, detailed and concrete notification of the damage as soon as the occurrence of the damage can be identified.

8 I The body responsible for data protection is the client. The client is responsible for verifying that the data protection regulations are unobjectionable on his own behalf and for his own account and shall indemnify and hold Team sisu GmbH harmless in data protection matters. The client is obliged to identify himself in writing as the data protection authority within the framework of the project. In the case of web projects, this can be done in the imprint or, in the case of web promotions in the broadest sense, within the framework of the conditions of participation.

9 I The customer acknowledges that any intervention in the programming codes, e.g. in the form of changes by the customer or third parties, may impair the functionality. Team sisu gmbH assumes no liability for such impairments. Any repair work will be invoiced according to time and effort.

10 I If the website is hosted by a provider other than the managed web server of Team sisu GmbH, the client alone is responsible for fulfilling the system requirements at this provider.
Coordination work with a provider will be invoiced according to time and effort.
Furthermore, Team sisu GmbH would like to point out that programs developed for the server environment of Team sisu GmbH can be downloaded from
circumstances it is not possible or only partially possible to port to systems of other providers.

11 I If Team sisu GmbH uses third-party software (e.g. content management systems) for programming, the customer must acquire a corresponding license. The fee to be paid for this is not included in the agreed fee for the services of Team sisu gmbH, unless specifically stated. If Team sisu GmbH uses third-party software for programming, the customer is entitled to the right of use in accordance with the underlying licence agreement and the customer shall indemnify and hold Team sisu GmbH harmless in the event of infringement.

12 I Team sisu GmbH assumes no warranty for third-party software (e.g. content management systems). The maintenance (service releases, updates, etc.) of third-party software by Team sisu GmbH must be regulated by a service contract to be agreed upon specifically.

13 I Unless otherwise agreed, the HTML and CSS files shall be optimised to the most current and widespread software versions, operating systems and hardware standards at the time of the start of development, taking into account the feasibility of fulfilling the required functionality.

14 I The choice of programming language is the responsibility of Team sisu GmbH. In this respect, Team sisu GmbH does not guarantee that the selected programming language can be used by third parties or is supported by third parties, such as providers.

15 I Web server access data and administrator rights for CMS systems are not passed on to the customer or third parties as long as Team sisu GmbH is required to provide warranty for the project. If the customer insists on the transfer of the access data, all warranty claims by the customer expire and any repair work will be invoiced according to time and effort.

16 I Team sisu provides pages created or maintained by Team sisu with hosting on a high-performance server at hetzner.de in Germany. Teams sisu installs your project on the web server and makes crucial server adjustments such as PHP updates and memory limit. Your website is checked for failures. The duration of the hosting service is calculated from the date of invoicing and must be paid in advance. The hosting contract can be terminated annually. A refund of the annual amount is excluded.

ART. 11 Applicable law, place of jurisdiction

1 I Unless otherwise agreed, only Austrian law shall apply to the order, its execution and any claims arising therefrom.

2 I The court at the place of business of Team sisu GmbH is responsible for disputes.

ART. 12 Other

1 I In the event that individual provisions of the GTC should become invalid, this shall not affect the validity of the remaining provisions.

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