The following text is translated from german in all conscience. Please understand that no responsibilty is taken for the correctness of this translation.
The following terms and conditions apply to contracts and consequent works in designing, programming and creation of electronic media and print products by Eggtion (Mag.art. Mark Beckmann, Kardinal-Nagl-Platz 10-11 A-1030 Wien and Dipl.-Des. Nina Markiewicz, Kreckersweg 13, D-42929 Wermelskirchen).
I. Copyright protection and restrictions on use
- The order given to Eggtion is an author- and contract work under Austrian law. Object of agreement is the creation of the commissioned work, as well as transferring the rights of use on this work. The rules and regulations of contract work law and copyright law are applied.
- The works of Eggtion (concepts, work drawings, visualizations, texts and code, or rather electronic data) are protected as personal mental creations via copyright, whose regulations apply to be stipulated, even if the required threshold of originality pursuant to § 2 UrhG is not achieved.
- The works, including author-identification, are not allowed to be modified without Eggtion‘s permission. Every reproduction, even partial copy is prohibited. Replication (e.g. new editions of print work) or multiple-shift usage (e.g. for another website or other media) subject to written approval by Eggtion.
- The works by Eggtion are only allowed to be used for agreed usage right and agreed purpose in stipulated scope. Failing express agreement, the purpose of the agreement only applies to the purpose the customer indicated while placing the order. The right to use the works to the agreed scope is only acquired after full payment of the amount invoiced.
- All works are only created for one legal stand-alone business. The usage by associated and joined companies has to be contracted seperately. The tranfer of granted usage rights to third parties subjects to written approval.
- Customer’s suggestions, as well as instructions for technical, artistic or other reasons and miscellaneous cooperation have no influence on the invoice amount. Plus, they don’t substantiate co-copyright, unless expressly agreed.
- Eggtion has the right to be informed on the contract work’s amount of use.
- With placing the order, the customer expressly grants permission to Eggtion, to use the created products as reference material and house advertising in all media.
II. Offers, pricing, material
- All offers made by Eggtion are subject to change. They are binding from the time on, the work assignment is confirmed by EGGTIOn in written form.
- Text, image material, footage used in the ordered work is made available in the form of finished, ready-to-use electronical data by the customer.
- The sending and reshipment of all material are carried at owner’s risk and on customer’s behalf. Unless otherwise expressly agreed, Eggtion is using insured shipping in postal service. For reshipping data on an electronic way (e-mail, server download) Eggtion recommends notice of receipt by the customer, because Eggtion assumes no liability for data loss through electronic transmission.
- As far as data, no matter in which form, is tranmitted to Eggtion, the customer takes care that he creates safety copies. This takes place at his own expense.
III. Placing of orders, scope of supply and services
- The scope of supply and services of any order results from the offer accepted by the customer and Eggtion and the written confirmation.
- Given orders are firm orders after the receipt of confirmation.
- Unless otherwise agreed, Eggtion charges a payment of 50% in advance for all services.
- In case of payment in advance, Eggtion delivers services only after credit note. Until this credit note, the agreement shall be inactive by mutual agreement.
- The time limits mentioned in the written confirmation are binding for both sides and can’t be shortened by one side. In case Eggtion falls behind, due to circumstances the customer has to take the responsibilty for, the time limits are accordingly extended.
- In consequence of technical time offs, Eggtion is not responsible for and not able to control them (e.g. server breakdown or internet connection loss), agreed time-limits extend by lenght of malfunction.
- In case of premature abandonment of an order, the arising expenses by the time, are charged to the customer’s account, if Eggtion is not responsible for the cause of abandonement.
IV. Additional services, accessory charges
- The modification and extension of concepts and other finished works, the creation and submission of further design as well as other additional services (data hosting, update work, database conversion et al. ) are calculated seperately in written agreements depending on the time needed.
- Giving away external services in the course of utilization-realization (webhosting, print processing, shipping et.al.) takes place, based on an agreement made with the customer.
- The payment of additional service falls due after supply. Disbursed addtional costs shall be repayed after occuring. Unless otherwise noted, payment and additional costs are net values, that are charged plus value-added tax (20%).
- As far as no other form of payment is stipulated, the invoice amount falls due within 10 days effective from the date of invoice, regardless potentially raised objections.
- The invoice is made in Euro (EUR).
- Payment transactions are made by bank tranfer. In exceptional cases, payments can be made by cash, e.g. ensuring deadlines.
- If the customer becomes deliquent with payment and doesn’t respond with a payment of the outstanding ammount, after two payment reminders at intervals of 14 days, after expiration of a 3-weeks deadline, interest to the amount of 4% will be charged and calculated via the respective bankrate of the Austrian National Bank. The customer is at liberty to prove a minor disprofit.
- The customer may only charge up against Eggtion‘s demand with indisputable claims or claims which have become res judicata.
VI. Accountability and guarantee
- The services performed by Eggtion are normally based on the customer’s input and briefings. The customer is therefore responsible for mistakes, misapprehensions and changes that attribute to wrong or incomplete information from the customer.
- The customer indemnifies Eggtion from all possible third party claims, in case that the service that causes the claim is based on samples that were given to Eggtion by the customer.
- Eggtion assumes no liability for legal requirements regarding logotypes and competivity, the same applies for its protectability.
- Eggtion assumes no liability for data and content provided by the customer. In addition, the customer is responsible for performance of legal obligation, associated to the content’s range (e.g. rights of use, patent and trademark law, duty of disclosure).
- With acceptance of the works, the customer takes responsibility for correctness of text, picture and sound. Eggtion incures no legal examination of the case for the created texts, designs and arrangements. These examinations are taken on by the customer’s own legal advisors and at his own expense.
- The release of products and/or publications is up to the customer’s decision. If the customer tranfers the release, at large or partional, to Eggtion, in exceptional case, he exempts Eggtion from liabilty.
- If Eggtion orders external services at the customer’s instigation (for the customer’s account and on its name), Eggtion is not liable for the works and results of the commissioned supplier.
- Eggtion is liable at fault during the implementation of performing services up to the invoice amount of the relevant order. Further indemnity claims resulting from contract violation, violation of duty in contract operation and out of illegitimate actions as well as additional warranty claims are excluded. Indemnity claims due to impossibity and default are limited to the invoice amount of the respective order.
- In the case of gross negligence or intent, liability by Eggtion is not excluded.
VII. Creative freedom
- In the context of the order, Eggtion owns creative freedom
- The samples ( e.g. texts, images, footage) given to Eggtion are used under the condition, that the customer owns, or rather purchased the required rights of use concerning the matter of assignment.
- Eggtion submits periodic intermediate results, sketches and suggestions to the customer, that shall be examined, approved or corrected in a preconcerted time. That time is previously defined by customer and contractor. If the time is exceeded by the the customer without consulting Eggtion, the customer is liable for all consequential delay damages.
- The customer commits himself, to state name and address, as well as name and adress of authorized representators of association of individuals and groups for his businesslike offers (legal requirement pursuant to §6 TDG).
- The customer guarantees, that the content is not violating the applicable law. All the above accordingly applies for customer’s links on third party content (e.g. hyperlinks in the internet). A legal examination via Eggtion is not taking place. These examinations are taken on by the customer’s own legal advisors and at his own expense.
VIII. Exclusion of competition
- As a matter of principle, Eggtion accepts no arrangement concerning the exclusion of competition and is expressly entitled to act for the same and similiar products and producers.
IX. Data protection
- The appointments subject to the provision of the federal law concering protection of personal data. The confidential handling of the customer’s provided data and information is ensured within the scope of usual operation methods. Eggtion suggests, according to the federal law concerning protection of personal data, that personal data within the implementation of the appointment may be saved and, if necessary, may to the required extent, be forwarded to involved co-operation partners and service provider.
- The customer is aware of the fact that all subcribers using the internet’s transmission paths have the opportunity to get to know data that is currently in transmission without authorization. The customer accepts this risk.
- Concerning 9-2, Eggtion suggests, in particular for the transfer of access- and other sensible data, the use of secure communication paths.
- See also data privacy.
X. Alteration of contract, supplementations and additional agreements
- Alteration of contract, supplementations and additional agreements require written form to become operative.
XI. Place of execution
- Place of execution for both parties is the domicile of Eggtion.
- The law of the Austrian Republic applies to be stipulated, holding good for supplies overseas and respectively assignments from abroad, too.
- Governed and construed by Austrian law. Local court Vienna.
XII. Severability clause
- If any provision in this Agreement is held invalid or unenforceable by a body of competent jurisdiction, such provision will be construed, limited or, if necessary, severed to the extent necessary to eliminate such invalidity or unenforceability. The parties agree to negotiate in good faith a valid, enforceable substitute provision that most nearly effects the parties’ original intent in entering into this Agreement or to provide an equitable adjustment in the event no such provision can be added. The other provisions of this Agreement will remain in full force and effect.
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