General Terms and Conditions - Company 4 You and Me
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Terms and Conditions

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Company 4 You & Me
Dominik Mikulaschek
Holzwurmweg 5
4040 Linz

General terms and conditions

Die Firma Company 4 You & The Company 4 You & Me provides its services exclusively on the basis of the following General Terms and Conditions. These refer to all accepted orders of the company Company 4 You & Me,, Holzwurmweg 5, 4020 Linz, which are executed in its own name and on its own account according to the order of the respective customer.

These apply to all legal relationships between the company Company 4 You & Me and the customer. Any changes and additions with the customer are only effective if they are confirmed in writing by Company 4 You & Me.

1. Conclusion of contract

1.1 In terms of the General Terms and Conditions, the customer places an order with the Company 4 You & Me. The contract between the Company 4 You & Me and the client is concluded in writing – either as a written order or placing the order by e-mail. 

1.2 Our services do not constitute a legally binding contract offer. All inquiries about a project are only a non-binding offer for the customer.

1.3 Any terms and conditions of the customer, even if known, are not accepted, unless otherwise expressly agreed in writing in individual cases.

1.4 The offers of Company 4 You & Me are subject to change and non-binding.

2. Payment, fee

2.1 When placing the order, the customer is obliged to pay a deposit of 50%, unless special terms of payment are agreed in writing in individual cases. The fee shall be understood as a net fee plus VAT at the statutory rate. Production of the service(s) will not start until the down payment has been posted. The other 50% is to be paid after completion of the order. The finished project will be sent to the customer after the payment has been booked.

2.2 In the absence of an agreement in individual cases, the Company shall be entitled to a fee in the amount customary in the market for the services rendered and the transfer of the rights of use under copyright and trademark law.

2.3 All services of Company 4 You & Me that are not expressly compensated by the agreed fee shall be remunerated separately. All cash expenses incurred by the company are to be reimbursed by the client.

2.4 Cost estimates of the Company are not binding. If it is foreseeable that the actual costs will exceed those estimated by the Company in writing by more than 15%, the Agency shall inform the Client of the higher costs. The cost overrun shall be deemed to have been approved by the customer if the customer does not object in writing within five working days of such notification and at the same time discloses less expensive alternatives. If the cost overrun is up to 15%, a separate notification is not required. This cost estimate overrun shall be deemed approved by the client from the outset.

2.5 The project completed by the Company shall remain the property of the Company until full payment of the remuneration, including all ancillary liabilities.

2.6 The final invoice may be due earlier if the current project relies on feedback from the Client and the project remains without further development for more than three weeks. The project will continue to be worked on or continued without restriction if customer feedback could be recorded.

3. Change requests, additional services, subsequent execution

3.1 The customer is obliged to check the production(s) after completion/publication of the service(s) and to submit all changes, edits as well as errors in writing within 14 working days. All warranty claims shall lapse if the specified period has elapsed.

3.2 Requests for corrections by the client, which affect the production of the project, will be carried out free of charge by Company 4 You & Me to a maximum number of two edits. If the number of changes increases, an invoice of € 120.00 per hour will be issued to the client.

3.3 In case of additional requests/services by the client, which are not included in the offer, an additional charge of € 120,00 per hour will be invoiced to the client. 

4. Property right and copyright

4.1 All services of the Company, including those from projects (e.g. suggestions, ideas, sketches, preliminary designs, drawings, concepts,…), including individual parts thereof, shall remain the property of the Company, as shall the individual workpieces and design originals, and may be reclaimed by the Company at any time – in particular upon termination of the contractual relationship. 

4.2 After placing the order it is confirmed that the client can freely dispose of all rights of use of the project.

4.3 Changes or adaptations of services of the company, such as in particular their further development by the client or by third parties working for the client, are only permitted with the express consent of the Company 4 You & Me and – insofar as the services are protected by copyright – of the author.

4.4 The Company 4 You & Me is exempted by the customer from all claims and costs by third parties, which could arise from violation of copyright or competition law. 

5. Right of withdrawal

5.1 The Company 4 You & Me is entitled to refuse the execution of the project for important reasons which appear to be unreasonable for the execution of the order. This applies primarily to violations of copyright and competition regulations.

5.2 The customer is entitled to receive information about the reason for the refusal. The customer reserves the right to reclaim any payments already made if Company 4 You & Me does not have adequate image material such as license-free photos, videos, graphics, etc. available.

6. Scope

6.1 Company 4 You & Me provides its services exclusively on the basis of the following General Terms and Conditions. Any terms and conditions of the customer that deviate from the General Terms and Conditions shall not be recognized.

6.2 The customer accepts the General Terms and Conditions by placing the order.

7. Liability

7.1 Liability of the Company 4 You & Me is excluded in cases of lack of results, which concern the loss of profit or consequential harm caused by a defect in the production of the service.

7.2 All liability of the Company for claims made against the Client due to the service provided by the Company 4 You & Me (e.g. advertising measure) is excluded if the Company has fulfilled its obligation to inform or if such obligation was not recognizable for the Company, whereby slight negligence does not harm. In particular, the Company shall not be liable for any litigation costs, the Client’s own legal fees or costs of judgment publications as well as for any claims for damages or other claims of third parties; the Client shall indemnify and hold the Company harmless in this respect.

7.3 The Company 4 You & Me is liable for damages only in case of gross negligence and intent. The existence of gross negligence has to be proven by the injured party. 

7.4 Claims for damages of the customer expire in six months from knowledge of the damage.

7.5 Company 4 You & Me is liable in other cases only in case of breach of contractual obligations.

8. Place of performance

The place of performance is the registered office of Company 4 You & Me.

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