General conditions of contract of webshapers GmbH

Status 25. May 2021

 

  1. Validity

    For our services regarding the conception, programming and design of websites on the one hand and their maintenance on the other hand as well as for payments to us, unless something different has been expressly agreed, these terms and conditions apply exclusively. Deviating terms and conditions of the client are only binding for us if we expressly acknowledge them in writing.

  2. OFFERS, ACCEPTANCE OF THE ORDER

    Our offers are subject to change and non-binding, unless a binding period was expressly stated in the offer. The acceptance of an order is only binding for us if it has been confirmed by us in writing or by email.

  3. PRICE AND PAYMENT TERMS

    Our prices are net plus statutory sales tax (currently 20%) and cash expenses.
    Payments are to be made in cash or by transfer to our account, without any deductions, free of charge and within 14 days of the invoice date.

    If the payment deadline is exceeded, we are entitled to charge interest on arrears at an annual rate of ten percentage points above the applicable base rate plus the costs of the reminder, but at least 12% of the total claim annually. This does not exclude further consequences of default.

    The withholding of payments or offsetting against counterclaims of the customer that we dispute are excluded.

    The following applies to project orders:

    We are entitled to invoice a first partial payment of 30% of the total order value upon acceptance of the order. Before full payment of this first partial payment (receipt by us), we are not obliged to perform our contractual services from the order, in particular, any agreed performance periods do not begin until we have received the first partial payment.

    We are also entitled to invoice a further partial payment of 50% of the total order value after the service has been handed over to the client for the purpose of setting the content and its possible training. After completion of the order, which is usually the online position of the website, but no later than four weeks after handover, we are entitled to submit a final invoice.

    The following applies to ongoing, in particular maintenance, orders:

    We are entitled to invoice ongoing, recurring flat-rate fees monthly in advance. For our services, which are not included in the agreed flat fee, our hourly prices of € 95 plus statutory sales tax apply and we are entitled to invoice these immediately after the service has been provided and also to request down payments.

    Cash outlays (e.g. for license costs, etc.) are to be reimbursed or paid in advance to us immediately against invoicing.

  4. PERFORMANCE DEADLINES AND DUTIES TO COOPERATE

    Our performance periods begin with the dispatch of the order confirmation, but at the earliest with the receipt of the first partial payment. Performance deadlines are extended by unforeseen obstacles beyond our control.

    If the agreed or extended service deadlines are exceeded by more than four weeks, the client is entitled to withdraw from the contract by setting a grace period of 14 days by means of a registered letter. Claims for damages by the customer are excluded in this case, unless he can prove gross negligence on our part.

    We reserve the right to present interim results to the client for acceptance and approval or for the agreed performance of our own services. The client is obliged to declare acceptance and approval within one week or to refuse. The refusal may only take place for an objectively justified reason and also requires the specification of reasons that enable us to eliminate them.

    Services to be provided by the client are to be performed without delay, but in any case, unless otherwise agreed, within four weeks. If the client is 14 days in arrears with his obligations, we are entitled to withdraw from the contract by setting a grace period of a further 14 days. In this case we are entitled to invoice a flat-rate order value in full or otherwise to invoice based on actu

  5. OWNERSHIP

    We reserve ownership of the object of performance until full payment of our wage claim, but also of all other claims against the client for whatever legal reason.

  6. CONFIDENTIALITY

    We undertake to treat all information received from the client as strictly confidential and to use it exclusively for the execution of the order.

    We are entitled to identify the customer and project as a reference, as well as to create a link from the project website to http://www.webshapers.cc.

  7. WARRANTY AND LIABILITY

    We guarantee the professional and careful execution of the accepted order. Any guarantee and liability for errors and defects that are beyond our control is excluded.

    Delivered services must always be examined by the client immediately after they have been taken over. Any defects that are discovered must be reported to us immediately in writing or by email. If the contractor fails to do this, he can no longer assert claims for warranty, compensation or an error.

    The client acknowledges and agrees that websites cannot be accessed while maintenance work is being carried out or when telecommunications and internet services are down. We do not assume any liability in this context. Maintenance work is carried out in agreement with the client.

    Our liability for damage caused by slight negligence is excluded. In any case, our liability is also limited to the amount of the order and claims for compensation can only be asserted in court within six months of becoming aware of the damage.

    Defects for which we are responsible will be eliminated by us within a reasonable period of time.
    In the case of maintenance services, our warranty relates exclusively to the services provided. We do not assume any guarantee or liability for the proper functioning of a website that was not entirely created by us.

  8. PLACE OF FULFILLMENT, PLACE OF JURISDICTION, CHOICE OF LAW

    The place of fulfillment and exclusive place of jurisdiction is Tulln an der Donau.

    Austrian law applies to the exclusion of the reference norms.