Terms and Conditions
1. General Provisions
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1.1. The following terms and conditions apply to all contracts between "CUgraphics" and the client. This also applies in particular when the client uses "General Terms and Conditions" that contain provisions conflicting with or deviating from the conditions listed here.
1.2. The conditions listed here also apply if "CUgraphics" executes the order unconditionally, despite being aware of conflicting or deviating conditions from those listed here.
1.3. All agreements made between "CUgraphics" and the client for the execution or modification of the contract must be recorded in writing in this contract.
2. Copyright and Usage Rights
2.1. Each order given to "CUgraphics," whether for user interface, layout, logo, graphics, or web design, is a copyright contract aimed at granting usage rights for the work.
2.2. All drafts and final artwork are subject to copyright law. The provisions of the Copyright Act apply between the parties, even if the required conditions for protection are not met in individual cases. This means "CUgraphics" is entitled to copyright claims under §§ 97 ff. of the Copyright Act.
2.3. All work by "CUgraphics" may not be altered in its original or reproduced form without the express consent of "CUgraphics." Any imitation, even of parts, is prohibited. A violation of this provision entitles "CUgraphics" to demand a contractual penalty amounting to twice the agreed remuneration. If no remuneration is agreed upon, the usual remuneration under the Design Services Agreement (Design Austria/GDA) shall apply.
2.4. "CUgraphics" grants the client the necessary usage rights for the respective purpose. Unless otherwise agreed, only a simple usage right is transferred. The transfer of usage rights to third parties requires a written agreement. The usage rights are transferred only after full payment of the remuneration.
2.5. "CUgraphics" has the right to be named as the author on reproductions. A violation of the right to attribution entitles "CUgraphics" to compensation. Without proof of higher damages, the compensation shall amount to 100% of the agreed or usual remuneration under the Design Services Agreement (GDA, latest version).
2.6. Suggestions or other contributions from the client or their employees do not affect the amount of remuneration and do not establish co-authorship rights.
3. Remuneration
3.1. Remuneration is based on the Design Services Agreement (GDA), unless other agreements have been made. The fees are net amounts, payable plus the statutory value-added tax.
3.2. If no usage rights are granted and only drafts and/or final artwork (e.g., user interfaces, logos, graphics, layouts, or websites) are provided, the usage fee does not apply.
3.3. If the drafts are used later or to a greater extent than originally intended, "CUgraphics" is entitled to retroactively charge the fee for the usage or to demand the difference between the higher usage fee and the originally paid amount.
3.4. The creation of drafts, layouts, and all other activities performed by "CUgraphics" for the client are subject to payment unless expressly agreed otherwise.
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3.5. The invoice must be paid within 14 days of receipt.
4. Due Date of Payment
4.1. Unless otherwise stated in the order confirmation, payment is due upon delivery of the work. It is payable promptly, without deduction, on the invoice date.
4.2. Acceptance may not be refused for artistic reasons. "CUgraphics" retains creative freedom within the scope of the order for all graphic designs, layouts, and web designs.
4.3. If the ordered work is accepted in parts, partial payment is due upon acceptance of each part. If an order extends over a longer period or requires significant financial advance payments, appropriate advance payments must be agreed upon.
4.4. In the event of late payment, "CUgraphics" may charge default interest of 8% above the applicable base interest rate of the European Central Bank. The assertion of higher proven damages remains unaffected.
4.5. If a project is delayed due to the client's failure to provide content or make decisions, "CUgraphics" reserves the right to charge the total outstanding amount before completion. For orders up to €1,000, the outstanding amount is due after 2 months, and for orders over €1,000, after 6 months, regardless of whether the order has been completed.
5. Special Services, Ancillary, and Travel Costs
5.1. Special services such as modifications of final artwork, manuscript review, or print supervision will be charged separately based on time spent, according to the Design Services Agreement (GDA).
5.2. "CUgraphics" is entitled to order necessary third-party services in the name and on behalf of the client for the fulfillment of the order. The client agrees to grant "CUgraphics" the necessary authority.
5.3. If third-party contracts are concluded in the name and on behalf of "CUgraphics" in individual cases, the client agrees to indemnify "CUgraphics" internally from all liabilities arising from the contract. This includes, in particular, the assumption of costs.
5.4. The client must reimburse any expenses for technical ancillary costs, particularly for special materials, model production, photos, reproductions, typesetting, and printing.
5.5. Travel costs and expenses for travel undertaken in connection with the order and agreed upon with the client must be reimbursed by the client.
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6. Retention of Ownership
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6.1. Only usage rights are granted for drafts and finished work (e.g., user interfaces, logos, graphics, and web designs), not ownership rights.
6.2. The originals must be returned undamaged after a reasonable period unless otherwise expressly agreed. In the event of damage or loss, the client must cover the costs of restoring the originals. The assertion of further damages remains unaffected.
6.3. The shipment of works and templates is at the client's risk and expense.
6.4. "CUgraphics" is not obligated to provide the client with files or layouts created on the computer. If the client requests the delivery of computer files, this must be agreed upon and compensated separately. If "CUgraphics" provides the client with computer files, they may only be altered with prior approval from "CUgraphics."
7. Corrections, Production Supervision, and Proof Copies
7.1. Before reproduction, proof copies must be submitted to "CUgraphics."
7.2. Production supervision by "CUgraphics" is only provided upon special agreement. If production supervision is undertaken, "CUgraphics" is entitled to make necessary decisions at their discretion and give appropriate instructions. "CUgraphics" is only liable for errors if they are due to intentional or gross negligence.
7.3. The client shall provide "CUgraphics" with five flawless, unfolded proof copies of all reproduced works free of charge. "CUgraphics" is entitled to use these proof copies for self-promotion.
8. Liability and Warranty
8.1. "CUgraphics" commits to executing the order with the highest degree of care, particularly with respect to handling any provided templates, documents, and samples.
8.2. "CUgraphics" agrees to carefully select and instruct its fulfillment partners. However, "CUgraphics" is not liable for the actions of fulfillment partners.
8.3. If "CUgraphics" commissions necessary third-party services, the third-party contractors are not considered fulfillment partners of "CUgraphics." No liability is assumed for server outages or technical issues. "CUgraphics" is only liable for its own faults and only for intentional misconduct or gross negligence.
8.4. Upon the client's approval of drafts, final versions, or artwork, the client assumes responsibility for the correctness of text and images.
8.5. "CUgraphics" assumes no liability for approved drafts, texts, final versions, or artwork.
8.6. "CUgraphics" does not assume responsibility for the legal compliance of the works concerning competition and trademark law or their registrability.
8.7. Any complaints, regardless of their nature, must be submitted in writing to "CUgraphics" within 14 days of delivery of the work. After this period, the work is considered accepted as free of defects.
9. Creative Freedom and Templates
9.1. "CUgraphics" retains creative freedom in the execution of the design order. Complaints regarding artistic design are excluded. If the client requests changes during or after production, they are responsible for the additional costs. "CUgraphics" retains the right to remuneration for work already begun.
9.2. If the execution of the order is delayed for reasons attributable to the client, "CUgraphics" may demand appropriate additional compensation. In cases of intentional misconduct or gross negligence, claims for damages may also be made. The assertion of further delay-related damages remains unaffected.
9.3. The client assures that they are authorized to use all templates provided to "CUgraphics." Should the client not be authorized, they indemnify "CUgraphics" against all third-party claims.
10. Provider Services
10.1. Unless expressly agreed otherwise, "CUgraphics" may have the services it provides fulfilled by qualified employees or third parties. Provider services may also be provided by third parties through "CUgraphics."
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10.2. The client expressly assures that the content provided or made publicly available on the websites created by "CUgraphics" for the client does not violate Austrian or other laws. "CUgraphics" reserves the right to remove pages that appear problematic from the server. The client will be informed of any deletion promptly. The same applies if "CUgraphics" is requested by third parties to modify or remove content from websites due to alleged violations of third-party rights. "CUgraphics" is entitled to delete such websites or otherwise restrict access to them if third-party rights are potentially being violated. The client will be notified of such measures immediately. If the client can demonstrate that there is no risk of third-party rights being violated, "CUgraphics" will restore access to the affected websites. The client indemnifies "CUgraphics" against third-party claims based on illegal content provided on the client's website.
10.3. If the provision and/or maintenance of internet domains are part of the services, "CUgraphics" acts as an intermediary to the domain-issuing organizations. This may also occur through third parties. Contracts with such organizations exclusively bind the client, and "CUgraphics" does not influence the allocation of domains. Therefore, "CUgraphics" provides no guarantee that the domains requested and allocated for the client are free of third-party rights, unique, or permanent. This also applies to subdomains assigned under the provider's domain. If a third party requests that the client give up a domain due to alleged rights violations, the client must inform "CUgraphics" immediately. In such cases, "CUgraphics" reserves the right to relinquish the domain on behalf of the client unless the client immediately provides sufficient security for possible legal costs (at least €10,000). The client indemnifies "CUgraphics" against third-party claims resulting from the unlawful use of a domain.
10.4. "CUgraphics" expressly points out to the client that, based on current technology, data protection for data transmissions over open networks like the Internet cannot be fully guaranteed. The client acknowledges that "CUgraphics" may technically access the website and other data stored on the web server. Other participants on the internet may also be able to intervene in network security and monitor message traffic without authorization. The client is responsible for securing the data they transmit over the internet.
10.5. "CUgraphics" is only liable for damages if "CUgraphics" or one of its fulfillment partners violates a significant contractual obligation (cardinal obligation) in a way that endangers the purpose of the contract or if the damage is due to gross negligence or intent by "CUgraphics" or one of its partners. If a significant contractual obligation (cardinal obligation) is violated without gross negligence or intent, "CUgraphics" is only liable for typical damages that were reasonably foreseeable at the time of contract conclusion. "CUgraphics" assumes no liability for technical failures that prevent web content from being displayed for a foreseeable time. Liability for assured characteristics, personal injury, and under mandatory statutory provisions remains unaffected. The client agrees to indemnify "CUgraphics" against all third-party claims arising from illegal actions by the client or content errors in the provided information, particularly for violations of copyright, data protection, or competition law.
10.6. If "CUgraphics" designs web presentations for the client or third parties on behalf of the client, they grant the client a non-exclusive right to use the created pages for the duration of the contractual relationship.
11. Final Provisions
11.1. The place of performance is the registered office of "CUgraphics."
11.2. The invalidity of any of the above provisions does not affect the validity of the remaining terms.
11.3. Austrian law applies.
11.4. The place of jurisdiction for "CUgraphics" is Waidhofen an der Ybbs, Lower Austria.