General Terms and Conditions (GTC)

for digitalisierungswerkstatt.at, Digitalization and Marketing Agency

1. Scope of Application

1.1. These General Terms and Conditions (GTC) apply to all contracts concluded between

Digitalisierungswerkstatt.at e.U.
Lukas Tröls
Salzstraße 2/9
4212 Neumarkt im Mühlkreis
Austria

(hereinafter referred to as the “Agency”) and its clients (hereinafter referred to as the “Client”).

1.2. Deviating terms and conditions of the Client shall only apply if they have been expressly confirmed in writing by the Agency.
1.3. By placing an order or using the Agency’s services, these GTC shall be deemed accepted.

2. Scope of Services

2.1. The Agency provides services in the following areas:

• Web development & web design (including hosting, CMS integration, e-commerce)

• Online marketing (SEO, SEA, social media marketing, newsletters, content marketing)

• Digital consulting & process digitalization

• Graphic and brand development

• Project management & campaign coordination

2.2. The specific scope of services shall be defined in the respective offer or contract.
2.3. Changes and additional services must be agreed upon in writing and shall be remunerated separately.
2.4. Partial services are permissible insofar as they are reasonable for the Client.

3. Client’s Obligations to Cooperate

3.1. The Client shall provide all necessary information, content (texts, images, logos, etc.), access credentials (e.g. to servers, social media accounts, analytics tools), and approvals in a timely manner.
3.2. The Client is responsible for the accuracy and legal permissibility of the provided materials (e.g. copyright, trademark rights, data protection).
3.3. Delays caused by a lack of cooperation on the part of the Client shall extend agreed deadlines accordingly and may result in additional costs.

4. Remuneration and Payment Terms

4.1. All prices are stated in euros and are exclusive of statutory value-added tax (VAT).
4.2. Unless otherwise agreed, the following payment terms apply:

• 50% advance payment upon order placement,

• 50% upon completion, prior to handover or publication.

4.3. Ongoing services (e.g. SEO support, social media packages, hosting) shall be invoiced monthly in advance.
4.4. Invoices are payable net within 14 days of the invoice date.
4.5. In the event of late payment, default interest shall be charged in accordance with § 456 of the Austrian Commercial Code (UGB).

5. Copyright and Usage Rights

5.1. All works created by the Agency (websites, layouts, designs, texts, concepts, strategies, software, photos, videos, etc.) are subject to copyright law.
5.2. Upon full payment, the Client shall receive a simple, non-exclusive right of use, limited to the agreed purpose.
5.3. Any modification, transfer, or use beyond the agreed purpose requires the prior written consent of the Agency.
5.4. Unused or rejected drafts shall remain the property of the Agency.

6. Warranty

6.1. The statutory warranty rights shall apply.
6.2. Defects must be reported in writing within 14 days of delivery.
6.3. In the case of websites or software projects, the warranty does not cover defects caused by third-party interference, improper use, or changes made by third parties.
6.4. No specific economic success is owed for SEO, social media, or marketing services.

7. Liability

7.1. The Agency shall only be liable for damages caused by gross negligence or intent.
7.2. Liability for lost profits, indirect damages, data loss, or consequential damages is excluded.
7.3. Liability is limited to the amount of the respective order value, but in any case to a maximum of EUR 10,000.
7.4. The Agency assumes no liability for legal violations (e.g. copyright, trademark, competition law, data protection) arising from content provided by the Client.

8. Data Protection

8.1. Personal data shall be processed exclusively in accordance with the GDPR and the Austrian Data Protection Act.
8.2. The Client agrees to the storage and processing of their data for the purpose of fulfilling the contract.
8.3. Further details are governed by the Agency’s privacy policy.

9. Confidentiality

Both parties undertake to treat all confidential information and business secrets that become known in the course of the cooperation as strictly confidential.

10. Contract Duration and Termination

10.1. Project contracts shall end upon complete performance of the agreed services.
10.2. Contracts for ongoing services (e.g. SEO, social media, hosting) are concluded for an indefinite period and may be terminated by either party with a notice period of three (3) months to the end of a calendar month, in writing.
10.3. The right to terminate the contract without notice for good cause remains unaffected.

11. Governing Law and Jurisdiction

11.1. Austrian law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2. The place of jurisdiction shall be the court with subject-matter jurisdiction at the registered office of the Agency.

12. Severability Clause

Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.