General
The General Terms and Conditions of Corporate Image Consulting GmbH (CIC for short) with its registered office in 4030 Linz, Schörgenhubstraße 41, are based on the General Terms and Conditions for Austrian advertising agencies and management consultants. The Terms and Conditions have general validity for all transactions between the client and CIC. The version valid at the time of conclusion of the contract shall be authoritative in each case.
Deviating, conflicting or supplementary general terms and conditions of business of the client, even if known, shall not become part of the contract unless their validity is expressly agreed.
The various top-level domains ("domain endings") are administered by a large number of different, mostly national organisations.
Each of these organisations for the allocation of domains has established different terms and conditions for the registration and administration of the top-level domains, the associated sub-level domains and the procedure in the event of domain disputes. Insofar as domains are the subject matter of the contract, the corresponding terms and conditions apply in addition, which can be read at the various registries/ domain providers, which are available at CIC as information.
Conclusion of contract
The basis of the business relationship is the order confirmation signed by the client or promised orally, in which the scope and extent of the order are defined between the contracting parties in as much detail as possible in a performance description.
The client shall ensure that all documents necessary for the performance of the order are submitted to CIC in good time without the client's express request and that CIC is informed of all processes and circumstances that are of importance for the performance of the order. This also applies to documents, processes and circumstances which only become known during the performance of the order.
CIC is entitled to have the order carried out (in whole or in part) by experts, dependent employees or commercial/freelance cooperation partners.
Performance and fee
CIC is entitled to payment of an appropriate fee by the client in return for the provision of its services. Unless otherwise agreed, CIC's fee entitlement arises for each individual service as soon as it has been provided. If the service is a work to be produced, the service shall be deemed to have been performed when the work is handed over.
CIC is entitled to demand advance payments to cover its expenses.
All services provided by CIC which are not expressly covered by the agreed fee will be remunerated separately. This applies in particular to all ancillary services provided by CIC. An appropriate fee will be charged for corrections that exceed a time frame of 2 working hours.
All cash expenses incurred by CIC which go beyond the normal course of business (e.g. for messenger services, shipping costs or travel) are to be reimbursed by the client.
Cost estimates by CIC are not binding. If it is foreseeable that the actual costs will exceed the estimated costs by more than 20 per cent, CIC will draw the Customer's attention to the higher costs. The cost overrun will be deemed to have been approved by the Customer if the Customer does not object in writing within three days of such notification and at the same time discloses less expensive alternatives.
For all work by CIC which is not carried out for whatever reason, CIC is entitled to appropriate remuneration (30% of the agreed fee). On payment of this remuneration, the client acquires no rights whatsoever to this work; rather, concepts, drafts, etc. which have not been executed are to be returned to CIC without delay.
Support lump sums are concluded for an indefinite period and may be terminated at the end of the month subject to a 3-month period of notice, unless they are governed by a separate agency agreement.
Hourly rate for graphic services: 95 euros.
Hourly rate for programming services: 109 euros.
Hourly rate for conception: 120 Euro.
Discounts are regulated separately via hourly rates and contracts.
In the hosting area, CIC guarantees a network availability of 98 % on an annual average for the infrastructure of the servers. If the security of the network operation or the maintenance of the network integrity is endangered, CIC may temporarily restrict access to the services as required. If the customer wishes to register his Internet presence with one or more search engines (online search services for Internet content), we shall only be liable for mediation in this case too. The operator of the respective search engine alone decides on the inclusion in the search engine and the point in time.
Data security
Insofar as data is transmitted to CIC, the customer shall make back-up copies. Insofar as this is included in the respective offer, the servers are regularly backed up. In the event of a loss of data occurring nevertheless, the customer is obliged to transmit the relevant data files to CIC again free of charge. Furthermore, the client may request a backup of his system/database at any time. CIC backs up all client data on a daily basis and, depending on the cycle, sometimes keeps the backups for several months. These backups are a voluntary service of CIC and only serve to restore the systems in case of emergency. CIC is not obliged to restore accidentally or intentionally deleted data by the client, and rather offers its own services for this purpose. If the backup is no longer available for any reason, CIC is not responsible for the loss. CIC accepts no liability for direct damage, consequential damage or loss of profit due to technical problems and faults.
For indirect damage and consequential damage as well as for loss of profit, CIC is only liable to entrepreneurs in the case of intent and gross negligence. In this case, CIC's liability is limited to the foreseeable damage typical of the contract, up to a maximum of 100% of the annual product rental of the hosting.
Data protection
The customer has a right to information as well as a right to correction, blocking and deletion of his stored data. If deletion is contrary to legal or contractual storage obligations or other legal reasons, the data shall be blocked.
Presentation
For participation in presentations, CIC is entitled to an appropriate fee which covers at least the entire personnel and material expenses as well as the costs of all external services. If CIC does not receive an order after the presentation, all services provided by CIC, in particular the presentation documents and their content, remain the property of CIC; the client is not entitled to make further use of them - in whatever form; the documents must rather be returned to CIC without delay.
If the ideas and concepts contributed in the course of a presentation are not utilised for the solution of communication tasks, CIC is entitled to use the ideas and concepts presented elsewhere.
The transfer of presentation documents to third parties and their publication, reproduction or distribution is not permitted without the express consent of CIC.
If the presentation leads to an order, the presentation fee shall be credited.
Deadlines and right of withdrawal
When accepting an order, precise agreements are to be made regarding deadlines, the period of time for the work to be carried out or the delivery, depending on the scope of the order.
CIC will endeavour to meet the agreed deadlines. However, failure to meet the deadlines shall not entitle the customer to assert the rights to which he is entitled by law until he has granted CIC a period of grace of at least 14 days. This period begins with the receipt of a reminder by CIC. An obligation to pay damages under the title of delay only exists in the event of intent or gross negligence on the part of CIC. Unavoidable or unforeseen events - in particular delays on the part of CIC's contractors - shall in any case release CIC from compliance with the agreed delivery date.
Cancellation by the Client is only possible with CIC's written consent. In the event of cancellation, CIC has the right to charge a reasonable cancellation fee (20% of the order total) in addition to the services rendered and costs incurred.
Copyright and rights of use
All services provided by CIC (e.g. suggestions, ideas, sketches, preliminary drafts, final artwork, concepts, concrete PR measures, etc.), including individual parts thereof, remain the property of CIC, as do the individual workpieces and design originals, and may be reclaimed by CIC at any time - in particular on termination of the contract. By paying the fee, the client acquires only the right of use (including reproduction) for the agreed purpose and to the agreed extent of use. In the absence of any agreement to the contrary with CIC, the client may only use CIC's services himself, exclusively in Austria and only for the duration of the contract. This also applies after termination of the contract.
Changes to CIC's services by the customer are only permissible with the express consent of CIC and - insofar as the services are protected by copyright - of the author.
If CIC's copyright services are used beyond the agreed form, purpose and scope, the client is obliged to pay CIC a further appropriate fee for this. This also applies in the case of a new edition of a printed work.
CIC's consent is required for the use of CIC's services that goes beyond the originally agreed purpose and scope of use - irrespective of whether this service is protected by copyright. CIC and the author are entitled to separate appropriate remuneration for this; appropriate is in principle the fee set out in the agreement, but at least in the amount of 7.5% of the remuneration paid by the client to the third parties commissioned with the production, distribution or publication of the advertising material.
In the case of services of CIC protected by copyright, the scope of use of which has not yet been determined when the contract is concluded or which are suitable for unrestricted use as a commercial object in the course of business, the fee shall consist 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).
Labelling
Without the client's consent, CIC is entitled to refer to CIC in an appropriate form and, if applicable, to the originator on all advertising material and advertising measures, without the client being entitled to any remuneration for this.
Approval
All services provided by CIC (in particular all preliminary drafts, sketches, final drawings, brush prints, etc.) must be checked and approved by the client. If they are not released in good time, they shall be deemed to have been approved by the customer.
The client will in particular have CIC check the legal admissibility of the services, in particular the admissibility under competition and trademark law. CIC will only arrange for an external legal review at the written request of the client; the client shall bear the associated costs.
After completion of an order or after delivery of the invoice, CIC is entitled to include the client in its reference list and to provide its logo on the CIC homepage with a link to the client's homepage.
Duty of confidentiality
CIC, its employees and the third parties called in will treat all internal processes and information received which have become known to them through their work with and for the client as strictly confidential. This duty of confidentiality applies both to the client and to the client's business relations.
Only the client himself can release CIC from this duty of confidentiality in writing. This obligation shall also apply after termination of the contract.
Payment
CIC's invoices are payable immediately on receipt without deduction, unless otherwise agreed. In the event of late payment, interest on arrears at the rate of 4% p.a. above the bank rate is deemed to have been agreed. Delivered goods remain the property of CIC until payment has been made in full.
The customer may only offset undisputed or legally established claims or assert a right of retention.
Warranty and compensation
The customer must make and substantiate any complaints in writing within three days of performance by CIC. In the event of a justified and timely complaint, the customer has the right to improvement of the service by CIC.
Claims for damages by the customer are excluded unless they are based on intent or gross negligence on the part of CIC.
Liability
CIC is obliged to carry out the orders placed with it carefully and professionally, safeguarding all the interests of its clients and drawing their attention to possible risks. However, the client himself is responsible for compliance with the statutory provisions, in particular those relating to competition law, in the advertising measures proposed by CIC. He will only approve an advertising measure (the use of a trademark) proposed by CIC once he himself has ascertained that it is unobjectionable under competition law (trademark law) or if he is prepared to bear the risk associated with the implementation of the advertising measure (the use of the trademark) himself.
Any liability on the part of CIC for claims made against the client on the basis of the advertising measure (the use of a trademark) is expressly excluded if CIC has fulfilled its obligation to provide information; in particular, CIC is not liable for legal costs, the client's own lawyer's fees or the costs of publishing judgements or for any claims for damages or similar claims by third parties.
In the event that a claim is made against the Agency itself due to the implementation of an advertising measure, the Client shall indemnify and hold CIC harmless: the Client shall thus compensate CIC for all financial or other disadvantages (including immaterial damages) incurred by the Agency as a result of a claim by a third party.
CIC accepts no liability whatsoever for the client's documents provided for processing.
Applicable law, place of performance and jurisdiction
The order, its execution and any claims arising therefrom shall be governed exclusively by Austrian law. The place of performance is Corporate Image Consulting GmbH, 4030 Linz, Schörgenhubstraße 41.
The place of jurisdiction for all disputes arising directly or indirectly between CIC and the client is the court of Linz. CIC is, however, also entitled to bring an action before another court having jurisdiction over the client.
Other
In the event that individual provisions of the GTC should become invalid, this shall not affect the validity of the remaining provisions.
Status 02/2014