Terms and conditions

General Terms and Conditions of B&C Websolutions OG

1. scope

(1) Unless expressly agreed otherwise, the following applies to the commissioning of our services between the customer and the company: B&C Websolutions OG website agency, 1st owner Sejla Cordic and Partners, Wiener Straße 5, 4053 Ansfelden or your company, (hereinafter B&C Websolutions OG called) these "General Terms and Conditions" (GTC).

(2) In business transactions with companies, our General Terms and Conditions apply to all future transactions with the customer, even without express reference.

2. definitions

(1) Consumers within the meaning of these terms and conditions are natural persons who enter into a business relationship with us without this being attributable to their commercial or independent professional activity.

(2) Entrepreneurs within the meaning of these terms and conditions are natural and legal persons or partnerships with legal capacity who enter into a business relationship with us in the exercise of their commercial or independent professional activity.

3. conclusion of contract

(1) The basis for the conclusion of the contract is the respective written offer from B&C Websolutions OG (please fill in the following: B&C Websolutions OG, in which the services and the fee are recorded. The offers from B&C Websolutions OG are subject to change and non-binding and constitute a request to the customer to commission the agency with the implementation of services.

(2) After the assignment, the customer. B&C Websolutions OG. Bound to his order as contracted. If B&C Websolutions OG does not refuse acceptance within 14 days after receipt of the order, the confirmation is deemed to have been issued or a contract is deemed to have been concluded. Otherwise, B&C Websolutions OG confirms the conclusion of the contract in writing.

4. scope of services

(1) B&C Websolutions OG offers the following services: Creation, adaptation and maintenance of websites, other graphics services, CD-ROM production websites services, SEO, SEA....

(2) B&C Websolutions OG provides its services according to the wishes and specifications of the customer. Installation, instruction and training are only part of the performance obligations of B&C Websolutions OG if this has been agreed. B&C Websolutions OG only has to consider change and extension requests if they are necessary for technical reasons in order to achieve the purpose of the contract.

(3) In the event of a significant change in the contractual obligations of B&C Websolutions OG for the purpose of adapting them to the needs of the customer, B&C Websolutions OG can charge the customer for the necessary additional work. This also applies to an extensive examination of whether and under what conditions the change or extension can be carried out, insofar as B&C Websolutions OG has pointed this out in writing.

5. Prices, Payment and Default

(1) The list prices at the time the contract was concluded apply. Fixed prices only apply if the price agreement in individual cases, e.g. B. contains neither a price increase possibility nor a time limit of the fixed price agreement due to an offer. If there are more than four months between the conclusion of the contract and the agreed and/or actual delivery or service date, the prices valid at the time of delivery or provision shall apply. If the latter exceed the originally agreed by more than 10%, the customer can withdraw from the contract.

(2) The prices include the statutory sales tax. Shipping costs, installation, training and other ancillary services are not included in the price unless otherwise agreed.

(3) Additional services that are not included in the price list or the offer are to be remunerated separately.

(4) B&C Websolutions OG is entitled to demand an advance payment of half of the total order value for web design or programming services due to the considerable effort involved and the individual nature of its service.

(5) If the customer is in arrears with payment, he must expect default interest of 5% above the base interest rate. The customer must expect that B&C Websolutions OG will first offset payments against older debts. If costs of legal action such as dunning costs have already arisen, B&C Websolutions OG can first offset payments by the customer against these costs, then against the interest and finally against the main service.

6. Dates, deadlines and impediments to performance

(1) Delivery dates or deadlines, which can be agreed as binding or non-binding, must be in writing unless expressly agreed otherwise.

(2) If the cooperation of the customer is required or agreed for the service provided by B&C Websolutions OG, the delivery time is extended by the time that the customer has not fulfilled this obligation.

(3) Insofar as B&C Websolutions OG cannot provide its contractual services or cannot provide them on time as a result of labor disputes, force majeure or other unavoidable circumstances for B&C Websolutions OG, there will be no adverse legal consequences for B&C Websolutions OG. If changes or additions are requested by the customer that are not just of a minor extent, dates and deadlines based on the original subject matter of the contract lose their validity.

7. acceptance

(1) The customer will immediately accept the services of B&C Websolutions OG in accordance with the checklists provided by B&C Websolutions OG to support him as soon as ... announces the readiness for acceptance.

(2) The services of B&C Websolutions OG shall be deemed to have been accepted if B&C Websolutions OG has communicated the readiness for acceptance, pointing out the importance of the omission of the declaration of acceptance

a. and the customer then does not declare acceptance within a period of time that allows him to identify significant errors during the required careful examination, but at the latest after 20 working days, or refuses to do so, citing defects to be detailed to the best of his ability,

b. or the customer makes the website or parts of it accessible to third parties without further examination or commissions B&C Websolutions OG to do so, insofar as the non-acceptance is not due to a significant defect in the services provided by B&C Websolutions OG.

(3) If the readiness for acceptance is not communicated, the time at which the customer should reasonably have been aware of the services shall apply instead of the time of communication.

8. Duty to cooperate

(1) The customer will provide the necessary data, especially content to be maintained for the websites, in a timely manner and in digital form.

(2) Insofar as B&C Websolutions OG provides the customer with drafts and/or test versions, stating a reasonable deadline for checking them for correctness and completeness, the drafts and/or test versions are deemed to have been approved when the deadline expires, unless B&C Websolutions OG receives a correction request.

(3) The customer is responsible for sufficient resources and information as part of his obligation to cooperate. He will ensure the availability of the required number of competent employees from a technical and EDP point of view and for sufficient computer capacities such as memory, processor power and line capacities.

9. Notice of Operating Obligations

(1) The customer is informed that the operation of a website entails legal obligations, non-compliance with which may result in civil and criminal penalties. This concerns in particular:
a. the imprint obligation (provider identification) according to § 5 TMG;
b. Information obligations according to § 312d BGB (distance sales contracts);
c. Information obligations according to § 312i and j BGB (electronic commerce);
i.e. Obligations to check when setting a link;
e. Duty to review the content of forum discussions, blogs, and chat rooms;
f. Obligation to observe media law regulations;
G. Obligation to protect the copyright and trademark rights of third parties (see rights of use).

(2) The customer is solely responsible for compliance with these obligations. If B&C Websolutions OG suffers damage because the customer violates the above obligations, B&C Websolutions OG is entitled to assert claims for damages.

10. Rights of Use

(1) B&C Websolutions OG grants the customer a simple, exclusive and non-transferrable right of use with the exception of the user. If B&C Websolutions OG provides services for the design of the customer's Internet presence, the purpose of use of the website and/or its components is limited to use on the Internet. The customer acquires this right upon full payment for the services of B&C Websolutions OG.

(2) Upon request, the customer is obliged to provide B&C Websolutions OG with written information about the scope of use. When using the customer's templates, B&C Websolutions OG assumes that these are not encumbered with the rights of third parties or that the customer has the right of use required for the order.

(3) The customer may only use third-party license material in connection with and within the framework of the website. If the licensor makes a claim against B&C Websolutions OG because the third-party license material was not used accordingly, the customer is responsible for compensating B&C Websolutions OG for the resulting damage.

(4) The customer is obliged to inform B&C Websolutions OG of any unlawful use of the license material of which he becomes aware, and to take legal action against an infringer of industrial property rights or to support B&C Websolutions OG in doing so.
If the customer infringes rights of use through the services of B&C Websolutions OG e.g. B. through warnings from third parties, he will inform B&C Websolutions OG about it immediately.

11. Copyright and Credits

(1) The customer grants B&C Websolutions OG the right to integrate the logo of B&C Websolutions OG and an imprint into the customer's websites and to link them to each other and to the website of B&C Websolutions OG. The customer will accept all protective notices such as copyright notices and other legal reservations unchanged. This applies in particular to the references to the originator in the program code.

(2) B&C Websolutions OG reserves the right to use services such as designs and objects, even if they are based on customer templates, for presentation purposes, in particular to include the customer's website in a reference list for advertising purposes and to set appropriate links.

12. warranty

(1) Defective deliveries or services will be repaired or replaced by B&C Websolutions OG within the warranty period of 24 months, which begins on the date of delivery or acceptance, after notification by the customer. B&C Websolutions OG rectifies the defects free of charge or provides the customer with a corrected release status (modified version that no longer contains the defect complained of) free of charge. Any additional expenses will be billed at cost.

(2) The customer will implement the troubleshooting measures immediately (e.g. install new release statuses) and observe the information obligations.

(3) Under unfavorable circumstances, more than two rectifications may be necessary. Deviations of the created website elements from the agreed design and functionality are considered defects, insofar as these deviations impair the suitability for the agreed use. If the supplementary performance fails after setting a reasonable deadline for performance, the customer can demand that the contract be canceled or that the purchase price be reduced.

(4) Obvious defects that an average customer would immediately notice must be reported in writing by the customer to B&C Websolutions OG within two weeks of delivery at the latest. Otherwise, claims from these defects cannot be asserted. The defects, in particular the error messages that have occurred, must be reported in detail as far as possible (e.g. through error logs).

13. Liability

(1) B&C Websolutions OG has unlimited liability for legal defects and guarantees. Liability under the Product Liability Act remains unaffected.

(2) B&C Websolutions OG is liable for intentional or grossly negligent breaches of duty. This also applies to legal representatives and vicarious agents of B&C Websolutions OG. For slight negligence, B&C Websolutions OG and its vicarious agents are limited to the foreseeable damage that is typical for the contract.

(3) Liability for data loss is limited by the typical recovery effort. This is based on the damage that would have occurred if reasonable security measures had been taken (e.g. making backup copies).

14. Customer's obligation to back up data

The customer is obliged to adequately protect himself against data loss. Since the new installation of software, but also the modification of the installed software, entails the risk of data loss, the customer is particularly obliged to take comprehensive data backup measures to prevent data loss before reinstalling or modifying the installed software.

15. Protection for conception, design and presentation

(1) If B&C Websolutions OG does not receive a further order after the customer has commissioned the creation of a concept or drafts for the design of a website, all services at B&C Websolutions OG, in particular their content, remain the property of the agency. The customer is not entitled to continue to use these - in whatever form.

(2) All services provided by B&C Websolutions OG (e.g. graphics, idea sketches, etc.) and individual parts thereof remain the property of B&C Websolutions OG. By paying the fee, the customer only acquires the right of use for the agreed purpose. Unless otherwise agreed with B&C Websolutions OG, the customer may only use the services himself and only for the duration of the contract. Additions or changes to the services of B&C Websolutions OG by the customer are only permitted with the express consent of the agency and - insofar as the services are protected by copyright - the author.

(3) For the use of services from B&C Websolutions OG that go beyond the originally agreed purpose and scope of use - regardless of whether this service is protected by copyright - the consent of .... necessary. The agency and the author are entitled to separate appropriate remuneration for this.

(4) Repeated use (e.g. subsequent editions) or multiple uses of websites and their designs are subject to a fee; they require the consent of B&C Websolutions OG. The transfer of granted rights of use to third parties requires the consent of the agency. The agency has a right to information about the scope of use.

16. privacy

(1) The customer is aware and agrees that the personal data required to process the contractual relationship will be stored by B&C Websolutions OG and, if necessary, passed on to affiliated companies as part of the order processing. The customer expressly agrees to the collection, processing and use of his personal data.

(2) The collection, processing and use of personal data takes place in compliance with the General Data Protection Regulation (GDPR).

(3) The customer has the right to revoke his consent at any time with effect for the future. In this case, B&C Websolutions OG is obliged to delete the customer's personal data immediately. In the case of ongoing usage relationships, the deletion takes place after the end of the contract.

17. termination

In the case of maintenance contracts, the customer can terminate the contract no earlier than 6 months after the conclusion of the contract. The contract is extended by 6 months if it is not terminated in writing 3 months before the end of the contract.

The right to terminate for good cause remains unaffected. B&C Websolutions OG can terminate the contract without notice, particularly in the event of a violation of usage rights and if the customer is more than one month in arrears with payment of the fee.

18. various

(1) If these general terms and conditions (GTC) are translated into a foreign language and become part of the contract, the German version of the GTC is always decisive in the event of linguistic ambiguities.

(2) The place of jurisdiction is Linz if the customer is an entrepreneur or merchant or a legal entity under public law or a special fund under public law.

(Status: Linz-Upper Austria date 21.10.2022)

Legal notice:

This general terms and conditions template assumes that the website creation will be sold as a one-off product (custom software). Therefore, the orders will have to be assessed according to the law on contracts for work and services.

It had to be taken into account that the cooperation between the customer and the contractor is essential. This also applies since the customer's content and ideas must be continuously incorporated or taken into account in the website design.

Furthermore, in the case of custom-made products, it had to be taken into account that the contractor does not have to grant the customer as a consumer any right of cancellation or return. However, this does not completely release the entrepreneur from his information obligations. He must inform a consumer of the exclusion of the right of withdrawal or return as soon as possible, at the latest by the time the contract has been completely fulfilled, or at the latest upon delivery. Appropriate instruction should therefore be given by the website creator.