General Terms and Conditions

1. Scope

These GTC apply to all services provided by the Contractor in the areas of web design, web development, branding, SEO, online marketing, consulting, and related IT and creative services.

Deviating terms of the Client shall not be recognized unless the Contractor has expressly agreed to their validity in writing.

The version of these GTC valid at the time of contract conclusion is part of the contract.

2. Contract Conclusion & Offers

Offers by the Contractor are non-binding and subject to change. The contract is concluded by written order confirmation by the Contractor or by commencement of service delivery.

Oral side agreements require written confirmation to be effective. Emails are considered to be in writing.

3. Scope of Services

The specific scope of services is set out in the respective offer or order confirmation. Unless otherwise agreed, the Contractor owes services in accordance with industry standards but not any specific economic success.

SEO, advertising, and marketing services are dependent on third-party systems (search engines, advertising platforms, etc.). The Contractor therefore does not warrant rankings, reach, or conversion rates.

Change requests after order approval may trigger additional effort and will be billed at applicable hourly rates.

4. Client Cooperation Duties

The Client shall provide all information, materials, access credentials, and approvals necessary for service delivery in a timely and complete manner.

The Client warrants that content handed over (texts, images, logos, data) is free of third-party rights or that the necessary usage rights are in place. The Client indemnifies the Contractor against any third-party claims.

Delays due to unfulfilled cooperation duties shall extend deadlines accordingly and may cause additional costs.

5. Prices & Payment Terms

All prices are quoted in Euros, plus statutory VAT.

Unless otherwise agreed, a down payment of 50% is due upon order placement. The remaining amount is due upon delivery or approval.

Payments shall be made without deduction within 14 days of invoice date. In case of default, interest of 9.2 percentage points above the base rate per § 456 UGB (Austrian Commercial Code) is charged. Reminder and collection costs are borne by the Client.

For ongoing services (e.g. SEO retainers, maintenance) monthly advance invoicing is standard.

6. Delivery Times & Deadlines

Agreed delivery dates are non-binding unless expressly confirmed as binding in writing.

Delays due to force majeure, strikes, third-party system outages, or delayed Client cooperation entitle the Contractor to a corresponding extension of the deadline.

7. Copyright & Usage Rights

All works created by the Contractor (designs, texts, code, concepts) are protected by copyright. The Contractor remains the owner of all copyrights.

Upon full payment of the agreed fee, the Client receives a non-exclusive, temporally and geographically unlimited right to use the work created for them within the agreed scope.

Any use beyond this (e.g. transfer to third parties, modification, reuse in other projects) requires the Contractor’s prior written consent.

The Contractor is entitled to use created works for its own reference and promotional purposes (portfolio, case studies, awards), provided no legitimate confidentiality interests of the Client are infringed.

8. Warranty

The Contractor warrants in accordance with statutory provisions. Obvious defects must be reported in writing within 14 days of handover, otherwise the service is deemed approved.

In case of a defect, the Contractor is entitled to two attempts at remedy. Only thereafter the Client may demand price reduction or rescission.

A warranty for the functionality of third-party software, external plugins, APIs, or browsers whose behavior changes after handover is excluded.

9. Liability

The Contractor is liable only for intent and gross negligence. Liability for slight negligence, lost profits, indirect damages, or consequential damages is excluded.

Liability is limited in amount to the value of the specific individual order. For continuing obligations, to the fee paid in the last 12 months.

The Contractor is not liable for data loss unless the Client has performed regular backups. The Client is responsible for data backup.

10. Confidentiality

Both contracting parties undertake to keep confidential all confidential information received in the context of the business relationship and to use it only for purposes of contract performance.

This obligation applies beyond the end of the contractual relationship.

11. Data Protection

The processing of personal data takes place in accordance with the GDPR and the Austrian Data Protection Act. Details can be found in our Privacy Policy at goldenwing.at/en/privacy-policy.

12. Final Provisions

Austrian law applies exclusively, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction for all disputes arising from this contract is the competent court for 1100 Vienna.

Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected. Instead of the invalid provision, the one that comes closest to the economic purpose shall apply.