Site notice

Claudia Gilhofer | gil-com e.U.
creative identity and beyond

Beethovenstraße 16
4020 Linz
Austria

Contact
+43 676 3298562
office(at)gil-com.at
www.gil-com.at
Skype: claudiagilhofer

VAT Number
ATU44227608

Commercial Register Court
Langesgericht Linz

Commercial Register
FN 429637 w

Office
Linz

Media owner
Claudia Gilhofer

Information / Copyright / Data Protection / GTC

All content of the website including layout and design are copyrighted. Reproducing or copying parts of the website, especially of texts, sections of text, pictures or graphs requires prior written consent by Claudia Gilhofer | gil-com e.U.

This imprint is also valid for publications and offers on Twitter, FacebookGoogle+InstagramLinkedIn und Xing.

Claudia Gilhofer | gil-com e.U. strives to constantly review and update its contents. It is however not liable for completeness, correctness and being up-to-date. The same applies to websites which are referenced by hyperlinks. Any connection to such websites is at one‘s own risk.

This website uses Google Analytics, a web analytics service provided by Google Inc. („Google“) Google Analytics uses „cookies“, text files that are stored on your computer and which enable an analysis of your use of the website. The information generated by the cookies about your use of the website (including your IP address) will be transmitted to a Google server in the USA and be stored there. Google will use this information to evaluate your use of the website and compile reports on website activity for website operators and provide other website and internet related services. Google may also transfer this information to third parties unless required by law or where such third parties process the information on Google‘s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, but I point out that you may not be able to use all features of this website in this case. By using this site, you agree to the processing of data about you by Google in the manner described above and for the aforementioned purpose.

Data protection information according to GDPR (DSGVO)

The protection of your personal data is a special concern of Claudia Gilhofer | gil-com e.U.. Therefore we process your data exclusively on the basis of the legal regulations (GDPR // DSGVO, TKG 2003). In this privacy policy we inform you about the most important aspects of data processing within this website.

A. Privacy policy 
Personal data is all data that relates to you personally, such as name, address, telephone number, date of birth, e-mail address, user behavior, etc.

We process your data exclusively on the basis of the legal requirements (general data protection regulation and data protection act in the version of the data protection amendment act, BGBI. I Nr. 120/2017).

The personal data will be processed by Claudia Gilhofer | gil-com e.U., Beethovenstraße 16, 4020 Linz, Austria, FN 429637 w (contact partner & person in authority according art 4 par 7 DSGVO (GDPR) is: Claudia Gilhofer, contact: office(at)gil-com.at) to the following purposes (Art 6 par 1 lit b and lit f DSGVO):
_ customer data management
_ supplier data management
These data are processed on behalf of Claudia Gilhofer | gil-com e.U. personal data of:
_ customers: contracting party in the sense of order fulfillment
_ suppliers: IT service providers
The data are required for the contract and are initially stored indefinitely. In addition, storage takes place within the scope of the statutory regulations or duty to preserve records.

B. Data ascertainment when visiting this website 
When you just visit this website, in other words, if you do not complete a contact or order form or provide us with any other information, we will only collect the information that your browser transmits to our server. We collect only those data that is technically necessary for us to display this website and to ensure the stability and security of this website. The legal basis for this is article 6 par 1 lit f DSGVO:
_ IP adress
_ date and time of the request
_ time zone difference to Greenwich Mean Time (GMT)
_ content of the requirements (concrete page)
_ access status / HTTP status code
_ each transmitted amount of data
_ website from where the request is coming from
_ browser
_ operating system and its interface
_ language and version of the browser software from the website

C. Use of cookies 
In addition to the above-mentioned data, the use of this website stores cookies on your computer – solely cookies that are absolutely necessary. Cookies are small text files that are stored on your hard drive to enable you to make the optimum use of certain functions and services this website offers for you. Cookies can not run programs or transmit viruses to your computer. In particular, they serve to make our website more user-friendly and efficient overall.

This website uses session cookies and persistent cookies, which we will explain to you below.

Session cookies are automatically deleted when you close your browser. Session cookies store so-called session ID, within which various requests from your browser can be assigned to the shared session. By saving, it is possible for us to recognize your computer on subsequent visits. Session cookies are deleted when you log out or close your browser.

Persistent cookies are automatically deleted after a specified period of time, which may differ depending on the cookies. The duration of the storage can be found in the overview of your browsers cookie settings. 

Please be aware that if you do not accept cookies, you may not be able to use all functions of this website.

D. Disclosure of data 
As part of the order processing and fulfillment of the contract, we pass on your data to service providers commissioned by us, in particular to shipping companies and credit institutes, if this is necessary for the delivery and payment of the ordered service. For the settlement of payments, we pass on the collected payment data to authorized credit institutes and, if necessary, to authorized payment service providers. Represented shipping companies, if you have given your express consent to do so, may receive from us, among other things, your email address and telephone number so that they can contact you prior to delivery for a delivery announcement or reconciliation.

We also share information about you with our tax advisor to meet our tax obligations.

Any consent given you may be withdrawn at any time, in whole or in part, using the above contact details. In the event of a cancellation, your data will be deleted by us, unless they are required for other purposes or you have not expressly consented to the further use of your data. Furthermore, your data will be deleted unless there is a legal basis for the further processing of your data.

E. Google AddThis Bookmarking
Our websites also contain AddThis plug-ins. These plug-ins allow you to set bookmarks or share interesting content with other users. Through the plug-ins we offer you the opportunity to interact with the social networks and other users so that we can improve our offer and make it more interesting for you as a user. The legal basis for the use of the plug-ins is art 6 par 1 S 1 lit f DSGVO.

Using these plug-ins, your Internet browser establishes a direct connection to the AddThis servers and, if necessary, the selected social network or bookmarking service. The recipients receive the information that you have accessed the corresponding website of our online service and the data mentioned under point B of this statement. This information is processed on AddThis servers in the United States. When you post content on this site to social networks or bookmarking services, a link can be made between visiting our site and your user profile on the appropriate network. We have no influence on the collected data and data processing operations, nor are we aware of the full extent of data collection, the purpose of the processing and the retention periods. Nor we have information about the collected data by the plug-in provider.

The plug-in provider stores these data as usage profiles and uses them for purposes of advertising, market research and / or tailor-made website design. Such an evaluation is done in particular (even for users who are not logged in) to provide appropriate advertising and to inform other users of the social network about their activities on our website. You have a right to object to the formation of these user profiles, whereby you must be directed to the respective plug-in provider for the exercise thereof.

If you choose not to participate in this process, you may opt out of data collection and storage at any time by setting an opt-out cookie with future effect: www.addthis.com/privacy/opt-out. Alternatively, you can set your browser to prevent a cookie from being set.

For more information on the purpose and scope of the data collection and its processing by the plug-in provider, as well as further information on your rights and options to protect your privacy, please contact: AddThis LLC, 1595 Spring Hill Road, Sweet 300, Vienna, VA 22182 , USA, www.addthis.com/privacy. 

F. Inclusion of Google Maps 
On this website we use the offer of Google Maps. This allows us to show you interactive maps directly on our website and allow you to conveniently use the map feature.

By visiting the website, Google receives the information that you have accessed the relevant subpages of this website. This is done regardless of wether Google provides a user account that you are logged in to, or if there is no user account. When you're logged in at Google, your data will be assigned directly to your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for purposes of advertising, market research and / or tailor-made websites design. Such an evaluation is done in particular (even for users who are not logged in) to provide appropriate advertising and to inform other users of the social network about their activities on our website. You have the right to object to the creation of these user profiles, therefor you must contact Google to accomplish that.

For more information on the purpose and scope of the data collection and its processing by the plug-in provider, please refer to the provider's privacy policy. You can also find more information about your rights and privacy settings here: http://www.goolge.com/intl/policies/privacy. Google also processes your personal information in the US and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US Framework. 

G. Google Web Fonts 
This website implements Google web fonts (Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA), allowing fonts to be displayed online.

When you visit a page, your browser loads the required web fonts into its browser cache to display texts and fonts correctly. To do this, the browser you use connects to Google's servers. This will inform Google that your IP address has been accessed on our website. The use of Google web fonts is in the interest of a consistent and attractive presentation of our online services. This constitutes a legitimate interest within the meaning of Art 6 par 1 lit f DSGVO. If your browser does not support web fonts, a default font will be used by your computer.

By using Google web fonts, Google uses an external server in the United States when using this offer, i. Google is theoretically informed about the offer usage. For more privacy information, visit developers.google.com/fonts/faq. 

H. Post advertising 
We reserve the right to use your first and last name as well as your postal address for our own advertising purposes (eg for sending offers or information about our products by post). This serves the preservation of our, in the context of a weighing of interests, predominantly legitimate interests in a promotional address of our customers.

On our behalf, the advertising mailings are provided by a service provider. For this we will send him your data.

I. Contact 
If you contact us by form on this website or by e-mail contact to Claudia Gilhofer | gil-com e.U., your data will be stored for the purpose of processing the request and, in case of follow-up questions, until revocation. We will not share this information without your consent.

J. Newsletter 
You have the possibility to subscribe to the newsletter of Claudia Gilhofer | gil-com e.U. via this website. For this we need your e-mail address and your declaration that you agree to receive the newsletter. (The newsletter is in German, but feel free to ask for english translation via e-mail.)

As soon as you have subscribed to the newsletter, we will send you a confirmation e-mail with a link to confirm the registration. Your data will be stored by CleverReach® until revocation. The body responsible for data protection is CleverReach GmbH & Co.KG: www.cleverreach.com/de/datenschutz/

You can cancel the subscription to the newsletter at any time. Please send your cancellation to the following e-mail address: office(at)gil-com.at. We will immediately delete your data in connection with the newsletter dispatch.

K. Rights of persons affected 
Reference to your right as a victim:
_ right of information 
_ right to rectification or cancellation 
_ right to restriction of processing 
_ right to data transferability
_ right to object to the processing
You may assert your above-mentioned rights at any time, in whole or in part, by means of informal letters, without stating reasons, by post or by e-mail to the above and below mentioned contact details of the responsible office or the data protection officer.

In the event of an objection to the processing of your personal data, we ask you to explain the reasons why we should no longer process your personal data. In the case of your justified objection, we will examine the situation and will either terminate or amend the processing of your personal data of inform you of our compelling legitimate reasons for continuing our data processing.

If you beliebe that the processing of your personal data violates data protection law or your data protection claims have otherwise been violated in a manner, you also have the right to complain to the relevant regulatory authority. 

L. Right of objection 
Forasmuch as we process personal data in order to safeguard our legitimate interests, which are prevalent as part of a weighing up of interests, you can object to this processing with full effect or in part at www.gil-com.at with effect for the future without stating any reasons. You realize that without the necessary data, you will not receive the services of Claudia Gilhofer | gil-com e.U.. If the processing is for the purpose of direct marketing, you can exercise this right at any time as described above. Forasmuch as the processing is for other purposes, you have the right of objection only if there are reasons that arise form your very personal situation.

After exercising your right to object, we will not further process your personal data for these purposes, unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or if the processing of the assertion, exercise or defense of legal claims serves.

You can reach us under the following contact details:
Claudia Gilhofer | gil-com e.U.
Beethovenstrasse 16
A-4020 Linz
+43 676 3298562
office@gil-com.at

J. Changes to this privacy policy
In the event of a change in data protection requirements, we reserve the right to change the privacy policy as required.

 

General terms and conditions of the agency

1. Validity, conclusion of contract
1.1 Claudia Gilhofer | gil-com e.U. (herinafter ”agency”) provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between the agency and the customer, even if not expressly referred to.
1.2 The relevant version at the time of the conclusion of the contract is decisive. Deviations from these and other supplementary agreements with the customer are only effective if they are confirmed in writing by the agency.
1.3 Any terms and conditions of the customer are not accepted, even if they are known, unless otherwise agreed in individual cases and in writing. GTC of the customer contradicts the agency expressly. A further objection to the customer's terms and conditions by the agency is not required.
1.4 Changes to the terms and conditions shall be notified to the customer and shall be deemed agreed if the customer does not object to the changed terms and conditions in writing within 14 days; The customer is expressly adviced of the importance of silence in the communication.
1.5 Should individual provisions of these General Terms and Conditions be ineffective, this shall not affect the liability of the remaining provisions and the contracts concluded on their basis. The ineffective provision shall be replaced by an effective one which comes closest to the purpose.
1.6 The offers of the agency are non-binding.

2. Social media channels
The agency expressly points out to the customer prior to placing the order that the providers of ”social media channel” (eg facebook, in the following for short: providers) reserve the right to reject advertisements and appearances for any reason in their terms of use or to remove. The providers are therefore not obligated to forward content and information to the users. Therefore, there is a risk that the agency can not calculate that advertisements and advertising presences will be removed for no reason. In the case of a complaint form another user, although the providers have the option of a counter-notification, an immediate removal of the content takes place in this case as well. The recovery of the original, legitimate condition may take some time in this case. The agency works on the basis of these terms of use of the provider, over which it has no influence, and also bases this on an order of the customer. By placing an order, the customer expressly acknowledges that these terms of use (co-)determine the rights and obligations of any contractual relationship. The agency intends to execute the client's order to the best of its knowledge and belief and to comply with the guidelines of „social media channels”. However, the commissioned campaign will also be available at any time due to the current terms of use and the simple possibility of each user to assert infringements and thus to remove the content.

3. Protection of concept and idea
If the potential customer has already invited the agency in advance to come up with a concept, and if the agency complies with this invitation before the conclusion of the main contract, the following provision applies:

3.1 Already by the invitation and the acceptance of the invitation by the agency, the potential customer and the agency enter into a contractual relationship (”pitching contract”). This contract is also based on the terms and conditions.
3.2 The potential customer acknowledges that the agency already provides cost-intensive intermediate services when the concept is drafted, even though it has not yet undertaken any performance obligations.
3.3 The concept is subject to the protection of copyright law in its linguistic and graphic parts, as far as this work height is concerned. The use and processing of these parts without the consent of the agency is not permitted to potential customers under copyright law.
3.4 The concept also contains advertising-relevant ideas that do not reach a work height and therefore do not savor the protection of copyright law. These ideas are at the beginning of every creative process and can be defined as the spark that infectious everything later on and thus as the origin of a marketing strategy. Therefore, those elements of the concept are protected that are peculiar and that give the marketing strategy its distinctive character. For the purposes of this agreement, advertising slogans, advertising copy, graphics and illustrations, advertising material, etc. are considered as an idea, even if they do not reach a factory height.
3.5 The potential customer is beholden, to omit not to exploit or commercialize any of the agencies creative ideas and concept within the framework of the concept of a major contract to be concluded later.
3.6 If the potential customer feels that the agency has presented ideas, that he has already come across prior to the presentation, he will notify the agency within 14 days of the date of the presentation via e-mail with evidence that allow a temporal assignment.
3.7 In the opposite case, the parties assume that the agency has presented the potential customer with a new idea. If the idea is used by the customer, then it can be assumed that the agency became meritorious.
3.8 The potential customer may waive his obligations under this point by paying an appropriate compensation plus 20% VAT. The exemption does not occur until full receipt of payment of the compensation to the agency.

4. Scope of services, order processing and cooperation obligations of the customer
4.1 The scope of the services to be provided results from the terms of reference in the agency contract or any order confirmation by the agency, as well as the possible briefing protocol („offer documents”). Subsequent changes to the service content requires the written confirmation of the agency. Within the framework specified by the customer, there is freedom of the agency to fulfill the order.
4.2 All services of the agency (in particular all preliminary drafts, sketches, final artworks, brush prints, blueprints, copies, color prints and electronic files) are to be checked by the customer and released by him within three working days  from receipt by the customer. If not approved in time, they are considered approved by the customer.
4.3 The client shall provide the agency in a timely and complete manner with all information and documents necessary for the provision of the service. He will inform you of all circumstances that are important for the execution of the order, even if they become known only during the execution of the order. The customer shall bear the expense arising from the fact that work due to its incorrect, incomplete or subsequently changed information must be repeated by the agency or are getting delayed.
4.4 Furthermore, the customer is obligated to check the documents provided for the execution of the order (photos, logos, etc.) for any copyright, trademark rights or other rights of third parties (rights clearing) and guarantees that the documents are free of rights third parties and therefore can be used for the intended purpose. In case of mere negligence or fulfillment of its obligation to warn – at least in the internal relationship with the customer – the agency is not liable for infringement of such third-party rights through documents made available. If the agency is claimed by a third party for such an infringement, the customer shall indemnify and hold the agency harmless; he has to compensate her for all the disadvantages caused by third-party claims, in particular the costs of adequate legal representation. The customer undertakes to assist the agency in warding off any claims of third parties. The customer will provide the agency with all documents without being requested to do so.

5. External services / commissioning of third parties
5.1 The agency is entitled, at its own discretion, to carry out the service itself, to use knowledgeable third parties a vicarious agents in the provision of contractual services and / or to substitute such services (”external service”).
5.2 The commissioning of third parties as part of a third-party service takes place either in the customer's own name or on behalf of the customer. The agency will carefully select this third party and ensure that it has the required professional qualifications.
5.3 Insofar as the agency commissions necessary or agreed third-party services, the respective contractors are not vicarious agents of the agency.
5.3 The customer must enter into obligations to third parties that extend beyond the terms of the contract. This also applies in the case of a termination of the agency contract for good cause.

6. Appointments
6.1 Specified delivery or service periods are, unless expressly agreed as binding, only as approximate and non-binding. Binding appointments must be recorded in writing or confirmed by the agency in writing.
6.2 If the delivery / service of the agency is delayed for reasons for which it is not responsible, e.g. events of force majeure and other unforeseeable events that can not be prevented by reasonable means shall suspend the performance obligations for the duration and scope of the obstacle and extend the time limits accordingly. If such delays continue for more than two month, the customer and the agency are entitled to withdraw from the contract.
6.3 If the agency is in default, the customer can withdraw from the contract only after he has set the agency in writing a reasonable grace period of at least 14 days and this has passed without success. Claims for damages of the customer due to non-performance or default are excluded, except in case of intent or gross negligence.

7. Premature termination
7.1 The agency is entitled to terminate the contract with immediate effect for important reasons. An important reason exists in particular if
a) performance of the service is rendered impossible for reasons for which the customer is responsible or is delayed further, despite setting a grace period of 14 days;
b) the customer contravened continuously, despite a written warning with a grace period of 14 days, against material obligations under this contract, such as payment of a sum due or obligation to cooperate;
c) there are legitimate concerns about the creditworthiness of the client and the latter does not make any advance payments at the request of the agency, nor does it provide adequate security before the agency has provided its services.
7.2 The customer is entitled to terminate the contract for important reasons without granting a grace period. An important reason exists in particular if the agency, despite a written warning with a reasonable grace period of at least 14 days to remedy the breach of contract, violates essential provisions of this contract. 

8. Fee
8.1 Unless otherwise agreed, the agency's fee for each individual service arises as soon as it has been rendered. The agency is entitled to demand advances to cover its expenses. From an order volume with an (annual) budget of € 5.000,-, or such, which extend over a longer period of time, the agency is entitled to create interim billing or advance invoices or to call up payments on account.
8.2 The fee is understood as a net fee plus value added tax at the statutory rate. In the absence of an agreement in individual cases, the agency is entitled to a fee in the usual market amount for the services provided and for the granting of the copyright and trademark rights of use.
8.3 All services of the agency, which are not expressly compensated by the agreed fee, will be paid separately. All expenses incurred by the agency are to be reimbursed by the customer. 
8.4 Quotations from the agency are not binding. If it can be foreseen that the actual costs will exceed those estimated by the agency in writing by more that 15%, the agency will inform the customer of the higher costs. The cost overrun is deemed to have been approved by the customer if the customer does not object in writing within three working days of this notice and at the same time announces cheaper alternatives. If it is a cost overrun of up to 15%, a seperate communication is not required. This cost estimate overrun is considered by the client from the outset as approved.
8.5 For all work of the agency, which for whatever reason is not carried out by the customer, the agency deserves the agreed fee. The crediting provision of § 1168 ABGB is excluded. By paying the fee, the customer acquires no rights of use for work already performed; non-executed concepts, drafts and other documents must be returned to the agency without delay. 

9. Payment, title retention
9.1 The fee is payable immediately upon receipt of the invoice and without deductions unless special terms of payment have been agreed in writing in individual cases. This also applies to the recharging of all cash expenses and other expenses. The goods delivered by the agency remain the property of the agency until full payment of the fee, including any ancillary liabilities.
9.2 In case of late payment by the customer, the statutory default interest shall apply in the amount applicable to business transactions. Furthermore, in the event of default of payment, the customer undertakes to reimburse the agency for the resulting dunning and collection charges, insofar as the are necessary for the purpose of legal prosecution. In any case, this includes the costs of two prompt notes letters amounting to at present € 20,- per reminder as well as a reminder letter from a lawyer commissioned with the debt collection.
9.3 In the event of late payment by the customer, the agency may immediately forfeit all services and partial services provided under other contracts concluded with the customer.
9.4 Furthermore, the agency is not obligated to provide further services until the amount due has been paid (right of retention). The obligation to pay remuneration remains unaffected.
9.5 If payment has been agreed in installments, the agency reserves the right, in the event of late payment of partial amounts or secondary claims, to demand immediate payment of all outstanding dept (loan default).

10. Property right and copyright
10.1 All services to the agency, including those from presentations (eg suggestions, ideas, sketches, preliminary drafts, scribbles, final artworks, concepts, negatives, slides), even individual parts thereof, as well as the individual workpieces and design originals remain the property of the agency and can be reclaimed by the agency at any time, in particular at the termination of the contractual relationship. By paying the fee, the customer acquires the right of use for the agreed purpose. Unless otherwise agreed, the customer may only use the service of the agency in Austria. In any case, the acquisition of rights of use and exploitation of agency services requires the full payment of the fee charged by the agency. If the customer uses the services of the agency before this date, then this use is based on a revocable loan.
10.2 Modifications or processing of services of the agency, in particular their further development by the customer or third parties working for the latter, are only permitted with the explicit consent of the agency and – insofar as the services are protected by copyright – of the author.
10.3 The use of services rendered by the agency beyond the original purpose and scope of use, the customer has to remunerate the performance of the agency. It is clear that the agency and the originator are entitled to a certain appropriate remuneration.
10.4 For the use of services of the agency or of advertising material for which the agency has prepared conceptual or design templates, the customer has to remunerate the service of the agency – regardless of wether this service is actually fulfilled or not.
10.5 For uses in accordance with par. 4, the agency is entitled to the full agency remuneration in the first year after the end of the contract agreed in the expired contract. In the 2nd or 3rd year after expiry of the contract only half or one quarter of the remuneration agreed in the contract. From the 4th year after the end of the contract no agency fee is payable.
10.6 The customer is liable to the agency for any unlawful use in duplicate of the appropriate fee for this use.

11. Identification
11.1 The agency is entitled to refer to the agency and, if applicable, to the author on all advertising materials and in all advertising measures, without the customer being entitled to a claim for compensation.
11.2 Sujet to the written revocation of the customer, which is possible at any time, the agency is entitled to refer to the customer's existing or former business relationship on its own advertising media and in particular on its internet website with name and company logo (reference note).

12. Warranty
12.1 The customer must report any defects immediately, in any case within eight days after delivery / performance by the agency, hidden defects within eight days after detection thereof, in writing under description of the defect; otherwise the service is considered approved. In this case, the assertion of warranty claims for damages as well as the right to appeal against mistakes due to defects are excluded.
12.2 In the case of justified and timely notice of defects the customer has the right to improve or exchange the delivery / service by the agency. The agency will remedy the deficiencies within a reasonable time, and the client will allow the agency all necessary measures to investigate and correct the defects. The agency is entitled to refuse to improve performance if it is impossible or disproportionately expensive for the agency. In this case, the customer is entitled to the statutory conversion or reduction rights. In the case of improvement, it is put to the client to carry out the transmission of the defective (physical) thing at his own expense.
12.3 It is also the customer's responsibility to check the performance of the service for its legal, in particual competition, trademark, copyright and administrative law permissibility. The agency is only obligated to conduct a rough review of legal admissibility. In the event of slight negligence or the fulfillment of any warning obligation towards the customer, the agency is not liable for the legal permissibility of contents if these have been specified or approved by the customer.
12.4 The warranty period is six months from delivery / service. The right to recourse to the agency according to § 933b Abs 1 ABGB expires one year after delivery / services. The customer is not entitled to withhold payments due to complaints. The presumption rule of § 924 ABGB is excluded.

13. Liability and product liability 
13.1 In cases of slight negligence, liability of the agency and its employees, contractors or other vicarious agents (”people”) for material or financial loss of the customer is excluded, regardless of whether it is direct or indirect damage, lost profit or consequential damage, damages concerning delay, impossibility, positive breach of the contract, due to defective or incomplete performance. The injured party has to prove the existence of gross negligence. As far as the liability of the agency is excluded or limited, this also applies to the personal liability of their ”people”.
13.2 Any liability of the agency for claims that are made against the customer due to the service provided by the agency (eg advertising) is expressly excluded if the agency has fulfilled its obligation to notify or if such was not recognizable to it, whereby slight negligence does not harm. In particular, the agency is not liable for litigation costs, the client's own lawyer's fees or the costs of publishing judgements as well as for any claims for damages or other claims of third parties; the customer must indemnify and hold the agency harmless.
13.3 Claims for damages of the customer expire in six month form knowledge of the damage; but in any case after three years from the injury act of the agency. Claims for damages are limited in amount to the net order value.

14. Data protection (optical highlighting according to the judicature) 
The customer agrees that his personal data, namely name / company, profession, date of birth, commercial register number, powers of representation, contact person, business address and other addresses of the customer, telephone number, fax number, e-mail address, bank details, credit card information, VAT number) for the purposes of contract fulfillment and support of the customer as well es for own advertising purposes, for example for the sending of offers, advertising leaflets and newsletters (in paper and electronic form), as well as for the indication of the customer's existing or former business relationship (reference note) determinded automatically supported, stored and processed. The customer agrees that electronic mail will be sent to him for advertising purposes until further notice.

This consent can be withdrawn at any time in writing by e-mail or letter to the contact details stated in the head of terms and conditions.

15. Applicable law 
The contract and all derived reciprocal rights and obligations as well as claims between the agency and the customer are subject to the Austrian substantive law excluding its referral norms and to the exclusion to the UN sales law.

16. Place of fulfillment and jurisdiction 
16.1 Place of fulfillment is the seat of the agency. Upon shipment, the risk passes to the customer as soon as the agency has handed over the goods to their chosen carrier.
16.2 The place of jurisdiction for all disputes arising between the agency and the customer in connection with this contractual relationship is the court of competent jurisdiction for the seat of the agency. Regardless of this, the agency is entitled to sue the customer at his general place of jurisdiction.
16.3 Insofar as names referring to natural persons in this contract are given only in masculine form, they refer to woman and men in the same way. When applying the name to certain natural persons, the genderspecific form must be used.