Terms of Service
GENERAL TERMS AND CONDITIONS of
(Mag. Dominik Mikulaschek, Marienstraße 10a, 4020 Linz, Österreich,
Tel.: +43 (0)650 8120848, E-Mail: firstname.lastname@example.org)
1. Validity, conclusion of contract
1.1 The plan-your-wedding.us 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 no express reference is made to them.
1.2 The author assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author, which refer to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are fundamentally excluded, unless the author can prove that it was intentional or grossly negligent Is at fault.
1.3 The version valid at the time the contract is concluded is decisive. Deviations from these and other supplementary agreements with the customer are only effective if they are confirmed in writing by the agency.
1.4 Any terms and conditions of the customer, even if they are known, will not be accepted unless otherwise expressly agreed in writing in individual cases. The agency expressly contradicts the general terms and conditions of the customer. The agency does not need to object to the customer’s terms and conditions.
1.5 Changes to the terms and conditions will be announced to the customer and are deemed to be agreed if the customer does not object to the changed terms and conditions in writing within 14 days; the customer is expressly informed of the importance of silence in the communication.
1.6 Should individual provisions of these general terms and conditions be ineffective, this does not affect the binding nature of the remaining provisions and the contracts concluded on the basis of them. The ineffective provision must be replaced by an effective one that comes as close as possible to the purpose.
1.7 The offers of the agency are subject to change and non-binding.
1.8 A contractual relationship between the contractual partners is deemed to have been concluded if we do not expressly reject it in writing within eight days of receiving an order form signed by legally binding signature (by e-mail).
1.9 The contract is concluded at the latest when you receive our reconfirmation and have not objected to it.
2. Social media channels
3. Protection of concepts and ideas
3.1 The potential customer undertakes to refrain from economically exploiting or having these creative advertising ideas presented by the agency within the framework of the concept outside of the corrective of a later main contract.
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 service description in the order form or a possible order confirmation by the agency. Subsequent changes to the service content require written confirmation by the agency. Within the framework specified by the customer, the agency is free to design the order.
4.3 The customer will provide the agency with all information and documents that are 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 these only become known during the execution of the order. The customer bears the effort that arises from the fact that work must be repeated or delayed by the agency due to its incorrect, incomplete or subsequently changed information.
4.4 The customer is further obliged to check the documents (photos, logos, etc.) made available for the execution of the order for any copyrights, trademarks, trademarks or other rights of third parties (rights clearing) and guarantees that the documents are free of rights Are third parties and can therefore be used for the intended purpose. The agency is not liable in the event of slight negligence or after fulfilling its warning obligation – at least internally with the customer – not due to a violation of such third party rights by the documents provided. If the agency is used by a third party because of such an infringement, the customer shall indemnify and hold the agency harmless; he has to compensate her for all disadvantages that arise through the use of third parties, in particular the costs of adequate legal representation. The customer undertakes to support the agency in defending itself against any claims by third parties. The customer provides the agency with all documents without being asked.
5. External services / commissioning third parties
5.1 The agency is entitled at its own discretion to carry out the service itself, to use competent third parties as vicarious agents in the provision of contractual services and / or to substitute such services (“external service”).
5.2 The commissioning of third parties in the context of an external service is carried out either in your own name or in the name of the customer. The agency will carefully select this third party and ensure that they have the necessary professional qualifications.
5.3 As far as the agency orders necessary or agreed external services, the respective contractors are not agents of the agency.
5.4 The customer has to enter into obligations towards third parties that extend beyond the term of the contract. This also applies expressly in the event of termination of the agency contract for an important reason.
6.1 If the agency’s performance is delayed for reasons for which it is not responsible, e.g. Force majeure events and other unforeseeable events that cannot be avoided with reasonable means, the service obligations are suspended for the duration and extent of the obstacle and the deadlines are extended accordingly.
7. Contract duration & early termination
7.1 The contract comes into force upon acceptance in accordance with point 1.). The contract is concluded for a fixed period of either 6 or 12 months, unless it is a one-time train-to-train transaction.
7.2 Misuse of the customer entitles us to withdraw from the contract immediately.
8.1 Unless otherwise agreed, the agency’s fee claim arises as soon as the customer confirms the order and send the signed order form to the e-mail address with a legally binding signature.
8.2 The fee is understood as a net fee plus VAT at the statutory rate.
8.3 The currently valid prices result from the price list last published by us on our homepage.
9. Payment, right of retention
9.1 The fee is due immediately upon receipt of the order confirmation and without deduction, unless special payment terms are agreed in writing in the individual case. The advertisement to be published by the agency remains the property of the agency until the fee has been paid in full and is only made public on the Internet after full payment.
9.2 In the event of late payment by the customer, the statutory default interest in the amount applicable to business transactions applies. Furthermore, in the event of a delay in payment, the customer undertakes to compensate the agency for the reminder and collection expenses incurred, insofar as they are necessary for the appropriate legal prosecution. In any case, this includes the costs of two reminders currently customary in the market of currently at least $ 20,00 per reminder, as well as one reminder from a lawyer commissioned with the collection. The assertion of further rights and claims remains unaffected.
9.3 Furthermore, the agency is not obliged to provide further services until the outstanding amount has been paid (right of retention). The obligation to pay fees remains unaffected.
9.4 The customer is not entitled to offset his own claims against claims of the agency, unless the customer’s claim has been recognized in writing by the agency or determined by the court.
10. Property right and copyright
10.1 After the agency contract has expired, the agency’s consent is also required for the use of the agency’s services or advertising materials for which the agency has developed conceptual or design templates, regardless of whether this service is copyrighted or not.
11.1 The agency is entitled to refer to the agency and, if necessary, the author on all advertising material and all advertising measures, without the customer being entitled to a fee.
12. Liability and product liability
12.1 In cases of slight negligence, liability of the agency and that of its employees, contractors or other vicarious agents (“people”) for property or pecuniary damage to the customer is excluded, regardless of whether it is direct or indirect damage, lost profit or consequential harm caused by a defect, or damage due to damage Delay, impossibility, positive breach of debt, fault upon conclusion of the contract, due to defective or incomplete performance. The victim must prove the existence of gross negligence. Insofar as the agency’s liability is excluded or limited, this also applies to the personal liability of its “people”.
12.2 Any liability of the agency for claims that are raised against the customer on the basis of the service provided by the agency (e.g. advertising measures) is expressly excluded if the agency has complied with its notification obligation or if it was not recognizable to it, whereby slight negligence doesn’t hurt. In particular, the agency is not liable for litigation costs, the client’s own lawyer’s costs or costs of publication of the judgment as well as for any claims for damages or other claims by third parties; the customer must indemnify and hold the agency harmless in this regard.
13. Data protection (visual highlighting according to the judicature)
13.1 The customer agrees that his personal data, namely name / company, profession, 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 data, VAT number) Purposes of fulfilling the contract and supporting the customer as well as for our own advertising purposes, for example for sending offers, advertising brochures and newsletters (in electronic form), as well as for the purpose of pointing out the existing or previous business relationship (reference note) with the assistance of automation, saved and processed , The client agrees that electronic mail will be sent to him for advertising purposes until further notice.
13.2 This consent can be revoked at any time in writing by e-mail to the contact details listed in the header of the GTC.
14. Applicable law
14.1 The contract and all derived reciprocal rights and obligations as well as claims between the agency and the customer are subject to substantive law to the exclusion of its reference standards and to the exclusion of the sales law.
15. Place of performance and jurisdiction
15.1 The place of performance is the registered office of the agency.
15.2 The place of jurisdiction for all legal disputes between the agency and the customer in connection with this contractual relationship is the court responsible for the seat of the agency. Regardless of this, the agency is entitled to sue the customer at his general place of jurisdiction.
15.3 Insofar as designations referring to natural persons are only given in male form, they refer to women and men in the same way. When applying the term to certain natural persons, the gender-specific form must be used.
16. References & links
16.1 In the case of direct or indirect references to external websites (“hyperlinks”) that are outside the area of responsibility of the author, a liability obligation would only come into force if the author is aware of the content and it is technically possible and reasonable for him would be to prevent use in the event of illegal content.
The author hereby expressly declares that at the time of linking, no illegal content was recognizable on the linked pages. The author has no influence whatsoever on the current and future design, content or authorship of the linked pages. He therefore hereby expressly distances himself from all content on all linked / connected pages that were changed after the link was created. This statement applies to all links and references set within our own website as well as to external entries in guest books, discussion forums and mailing lists set up by the author. For illegal, incorrect or incomplete content and in particular for damage resulting from the use or non-use of information provided in this way, only the provider of the page to which reference is made shall be liable, not the one who merely refers to the respective publication via links.