1.1 These General Terms and Conditions (GTC) apply to all contracts and business relationships between DesignTribe, Owner Nicolas Mondré, Louise-Martini-Weg 3 Top 17, 1030 Vienna, Austria (hereinafter referred to as "Service Provider"), and its customers (hereinafter referred to as "Customer") concerning web design services.
1.2 Deviating, conflicting, or supplementary GTC of the Customer shall not become part of the contract unless the Service Provider has expressly agreed to their validity.
2.1 The contract is concluded when the Customer accepts a written offer from the Service Provider or when the Service Provider confirms the Customer's order in writing.
2.2 Oral agreements and assurances require written confirmation by the Service Provider to be effective.
3.1 The scope of web design services is determined by the service description in the respective offer.
3.2 The design phase includes the revision rounds defined in the respective proposal. Upon written approval of the design drafts by the Customer, the designs shall be deemed binding and approved for implementation.
3.3 Any change requests submitted after design approval or during the development phase that go beyond the approved designs shall constitute additional services and will be invoiced based on the actual time spent at the hourly rate agreed in the proposal.
3.4 Any modification or additional requests submitted after project completion, acceptance, or invoicing shall be treated as a separate commission. Such services are not included in the original scope of services and will be invoiced at the agreed hourly rate or based on a separate offer.
4.1 Compensation is based on the amount agreed upon in the proposal. All prices are exclusive of statutory VAT.
4.2 Payments are due without deduction within 14 days of invoicing unless otherwise agreed.
4.3 The Customer is automatically in default if payment is not made within 14 days of the due date. In the event of default, interest on arrears will be charged at a rate of 9.2 percentage points above the base interest rate.
5.1 The Customer undertakes to provide the Service Provider with all necessary information, materials, and access data in a timely manner.
5.2 If the Customer fails to fulfill their duties to cooperate and this results in additional work for the Service Provider, the Customer is obliged to reimburse the additional expenses.
5.3 If the Customer fails to fulfill their duty to cooperate and no project-related feedback (in particular feedback, approvals, or correction instructions) is received for a period of 30 calendar days, the project shall be deemed contractually completed. In this case, the Service Provider shall be entitled to issue the final invoice for the services rendered in accordance with the contract.
5.4 Delays caused by late or insufficient cooperation by the Customer shall result in a corresponding extension of agreed performance and delivery deadlines. Further claims of the Service Provider remain unaffected.
6.1 After delivery of the completed services, the Customer shall review and accept the services within 14 days. If no written refusal of acceptance specifying material defects is received within this period, the services shall be deemed accepted. Minor defects shall not entitle the Customer to refuse acceptance.
6.2 Defects must be reported to the Service Provider in writing without delay. In the case of justified defect claims, the Service Provider will remedy the defects within a reasonable period.
7.1 The Service Provider is only liable for damages caused by intentional or grossly negligent behavior. For slight negligence, the Service Provider is only liable for the breach of essential contractual obligations (cardinal obligations).
7.2 Liability is limited to the foreseeable, typically occurring damage. Liability for indirect and consequential damages is excluded.
7.3 The Customer warrants that it holds all necessary rights of use and copyrights to the content provided by it (images, videos, texts, graphics, etc.) and that these are free from third-party rights. The Customer shall indemnify the service provider against all third-party claims arising from an infringement of copyrights, trademark rights or other property rights by the content provided.
7.4 Disclaimer Regarding Legal Content
As part of our services, we generally provide legal text templates required for websites and online shops. This includes, in particular, texts such as the imprint (legal notice), privacy policy, general terms and conditions for end customers, and cancellation policies. These texts are generated using external tools, for example through our agency partnership with eRecht24. Unless otherwise agreed, such texts are provided automatically.
The provided texts are non-binding templates and do not constitute individual legal advice. They are created based on general information about the project and the integrated features, without any claim to completeness or legal accuracy in individual cases.
We expressly point out that, as a web design agency, we are not permitted to provide legal services. The legal responsibility for the completeness, accuracy, and timeliness of the texts lies with the website or shop owner. We strongly recommend having all legal texts reviewed by a qualified legal professional before publication.
7.5 The total liability of the Service Provider shall be limited to the net order value of the respective project.
8.1 The transfer of usage rights to the works created shall only take place upon full payment of all outstanding claims arising from the respective project.
8.2 The Customer shall be permitted to transfer, modify, or allow third parties to use the works without restriction, unless otherwise contractually agreed.
9.1 The Service Provider undertakes to treat all information and data received within the framework of the contractual relationship confidentially and to use them only for the purpose of contract execution. This confidentiality obligation is supplemented by the following provision in Section 9a.
9.2 The Customer agrees to the processing of their personal data within the framework of contract execution. Further information is contained in the Service Provider's privacy policy.
9a.1 The service provider undertakes to treat all information, documents, data, and business secrets of the customer, regardless of their nature, that become known in the course of the cooperation as strictly confidential. These may only be used for the fulfillment of the respective contractual purpose and may not be passed on to third parties or disclosed in any other way without the express written consent of the customer.
9a.2 The duty of confidentiality shall continue to apply even after the termination of the contractual relationship.
9a.3 Excluded from the confidentiality obligation is information
(a) that was demonstrably known to the service provider prior to notification by the customer,
(b) that is or becomes publicly known without breach of this agreement, or
(c) that must be disclosed due to legal regulations or official or court orders.
9a.4 The service provider shall oblige any subcontractors or vicarious agents employed in the performance of the contract to comply with the relevant confidentiality obligations.
10.1 Amendments and additions to these GTC must be in writing. This also applies to the waiver of the written form requirement.
10.2 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
10.3 The law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Vienna, to the extent permitted by law.
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