Terms & Conditions Web Development
1. General
The following terms and conditions (GTC) are part of all contracts for Internet services with the resonance KG. Agreements that deviate from the points listed here must be in writing. These terms and conditions are accepted by the customer when placing the order.
2. Conclusion of Contracts
After the quotation, contracts become effective when the customer places the order. The placing of an order also includes the use of services that are offered only in connection with the creation or optimization of a homepage, such as the reservation and registration of domains.
3. Content
The client alone is responsible for the content of his web pages and assures that through his entire website neither third party rights (trademark, name, copyright, privacy rights, etc.) will be violated, nor will existing laws and generally applicable legal norms be violated. Furthermore, the customer agrees not to publish any immoral content on its websites or to link to such.
4. Data Protection
The Resonanz KG hereby informs the customer that his personal data will be stored for the execution of the contract. For the execution of the contract, in particular for the registration of domain names, Resonanz KG transmits necessary customer data to participating third parties. To identify the domain owner, these customer data are publicly registered in Whois databases. Any other use of customer data does not occur, customer data is not sold or passed on to unauthorized third parties.
5. Data Security
The customer himself ensures the security of data and materials that are left to Resonanz KG to create websites. Resonanz KG is not obliged to make backup copies of this. The Resonanz KG points out to the customer that the Internet generally offers the possibility to intercept illegally sensitive data. The customer is therefore advised to transmit data on the Internet only with great care and not to connect his computer to the Internet unsecured.
6. Prices and terms of payment
All offers by Resonanz KG are non-binding. Price increases after order confirmation are excluded. Invoice amounts are to be paid after receipt of invoice within 14 days without deduction. All results remain the property of Resonanz KG until full payment, payment delay is subject to 10% default interest p. a.. For the web hosting offers of Resonanz KG there is a prepayment obligation of 12 months each.
Resonanz KG is entitled to take any websites affected by the late payment offline after an unsuccessful 3rd reminder. For domain fees applies: after unsuccessful 3rd Reminder, the domain is no longer automatically extended and deleted at the end of the next term.
€ 5.00 will be charged by Resonanz KG for necessary payment reminders.
7. Term and Termination
Terminations must be made in writing. Webhosting contracts are concluded indefinitely. The customer can terminate the contractual relationship for the current year at any time without stating reasons.
8. Graphic Design and Webdesign
Unless otherwise agreed, the offer price includes up to two different design drafts and a maximum of three refinement steps. In the case of an individual screen design, the right to use the resulting design for the website or app mentioned in the offer is acquired at the agreed price. If you intend to use the design for additional websites or apps, you will be charged for license fees, which must be agreed separately.
9. Changes / Cancellation
Costs for significant changes originally agreed executions, the client has to pay. If the order is being canceled at the stage of development, the amount will be calculated according to the progress, but the minimum will be at least 30% of the total order.
In the stage of the existence of all commissioned services, a cancellation is no longer possible. Artwork is deemed to have been accepted if it has been confirmed by the customer and has been sent to the printer or publication: if the design template or service deviates from the original order, this is deemed to have been approved by the client once approval for printing / publication has been given.
10. Obligations of the Customer
The client delivers the agreed raw material (pictures, graphics, texts, etc.) in digital form and in the formats specified at the briefing. The client undertakes to have all content used checked for legality. The customer must ensure that a representative and a contact person familiar with the matter is available to the provider during the entire project duration.
11. Obligations for both Parties
Client and contractor agree to inform each other immediately of unexpected delays (illness, vacation, unplanned absence, etc.). Client and contractor agree to name a decision-authorized contact person at the beginning of the project who can be contacted at any time for further questions regarding the development of the project. Changes authorized by the authorized person are binding.
12. Liability
Resonance KG is not liable for damages resulting from impossibility of performance, from positive breach of contract, from fault at conclusion of contract as well as from tort. Furthermore, Resonanz KG assumes no liability for services or availability in which Resonanz KG uses third-party providers. This applies in particular to the availability and error-free functioning of servers, e-mail and form-to-mail services.
13. Final Provisions
In the event that the creation of a website is the subject of the contract, Resonanz KG reserves the right to insert a link referring to the website of the Resonanz KG on the homepage of the created Internet presence, consisting either of a graphic or a short text link can, while the appearance of the homepage is not affected.
Changes or additions to these terms and conditions are possible at any time, about what the customer is informed in advance. Should individual provisions of these GTC or parts thereof be or become ineffective, the validity of the remaining provisions shall remain unaffected. Austrian law applies. Place of fulfillment is Vienna. Court of jurisdiction for both partners is Vienna.
Terms and Conditions Seminars and Consulting
1. General
The following general terms and conditions (GTC) are part of all contracts for seminars and consultation with the Resonanz KG. Agreements that deviate from the points listed here must be in writing. These terms and conditions are accepted by the customer when placing the order.
2. Conclusion of Contracts
With the commissioning of Resonanz KG by the customer (written registration for the seminar / consultation), a binding offer is made. The contract is concluded through the written acceptance (order confirmation) of this offer by Resonanz KG.
If the content of the order confirmation differs from the content of the application, then there is a new offer to which the Resonanz KG is bound for a period of 10 days. The contract is concluded on the basis of this offer if the customer accepts this offer within this period.
The number of participants per seminar / consultation is limited, which is why the applications are considered in the order of their arrival.
3. Payment
The customer receives an invoice, which must be paid within 14 days after receipt of invoice without deduction.
4. Termination / cancellation of events by the customer
Resignations of seminars / consultations must be received no later than 14 days before their commencement. In case of cancellation after this time and up to 24 hours before the start of the event, 50% of the price will be charged as cancellation fees. In case of later cancellation or no-show, the full cost will be charged. If prevented, Resonanz KG can allow a transfer to an equivalent event. In this case, the immediate payment of the full invoice amount is due. The customer is always able to name a corresponding substitute participant. Further costs do not arise.
5. Termination / cancellation of events by Resonanz KG
The Resonanz KG can terminate the contract at any time with a period of 14 days prior to the beginning of the event by written or verbal declaration. In case of failure of an event due to short-term illness of the seminar leader / advisor, failure to reach the minimum number of participants or force majeure, there is no right to organize the event on this date. A replacement date will be announced to the customer at short notice or any amounts already paid will be refunded. Further claims remain excluded.
6. Services
The scope of the services is based on the respective contract. A guarantee for a subjectively presented seminar or consulting course on the part of the customer is not given.
Resonanz KG reserves the right, after prior consultation with the customer, to change the service after the beginning of the event for reasons of more effective and more efficient target achievement in the customer’s interest.
7. Conditions / Disclaimer
Participation on the part of the customer is at your own risk and responsibility. Resonance KG is not liable for damages resulting from non-compliance with the instructions of Resonanz KG by the customer. Likewise, Resonanz KG is not liable for damages caused by the customer himself or third parties.
Within the scope of due diligence, Resonanz KG is liable for the conscientious preparation, the careful selection and monitoring of the performance parameters, the correctness of the service description and the proper provision of the agreed service. With the exception of damages based on gross negligence or intent, claims for damages of the customer against Resonanz KG are excluded.
8. Copyrights
The provided documents and documentation are protected by copyright and may not be reproduced, even in part, without the written permission of Resonanz KG.
9. Data Protection
Resonanz KG will comply with all data protection regulations. A transfer of personal data of the customer to third parties does not occur.
10. Confidentiality
Resonanz KG and seminar instructors / consultants appointed on their behalf are bound to secrecy. Of course, this also applies to incidents in the personal sphere. We therefore ask for your understanding that we do not provide information about the behavior or progress of individual participants.
11. Final Provisions
Should individual provisions of these GTC or parts thereof be or become ineffective, the validity of the remaining provisions shall remain unaffected. Austrian law applies. Place of fulfillment is Vienna. Court of jurisdiction for both partners is Vienna.
