§ 1 Scope
These General Terms and Conditions ("T&C") apply to all services provided by Wolfgang Heis, operating under the brand Wulius (hereinafter "Service Provider"), to companies and individuals (hereinafter "Client"). Any deviating terms and conditions of the Client shall have no validity unless the Service Provider has expressly agreed to them in writing.
§ 2 Scope of Services
The scope of services to be rendered is set out in the respective offer or order confirmation. Services exceeding the agreed scope will be invoiced separately based on actual effort. The Service Provider reserves the right to subcontract partial services to qualified third parties.
Changes or extensions to the scope of services require written agreement. Verbal side agreements are not binding.
§ 3 Offers and Contract Formation
Offers by the Service Provider are non-binding. A contract is only concluded upon written order confirmation or payment of an agreed deposit.
Offers are valid for 30 days unless otherwise expressly stated.
§ 4 Client's Duties to Cooperate
The Client is obligated to provide all documents, information, access credentials, and approvals necessary for the provision of services in a timely and complete manner. Delays attributable to a lack of cooperation by the Client are the Client's responsibility. The agreed timeline shall be extended accordingly.
§ 5 Prices and Payment Terms
All prices are in euros. The Service Provider qualifies as a small business under Austrian tax law (§ 6 Abs. 1 Z 27 UStG) and therefore does not charge VAT. Travel and incidental expenses will be invoiced separately unless otherwise agreed.
Payments are due within 14 days of the invoice date without deduction. A deposit of 50% is due upon placement of the order, unless otherwise agreed in the offer. The remaining balance is due at the date specified in the offer.
In the event of late payment, default interest will be charged: 4% p.a. for consumers (§ 1000 ABGB) and 9.2 percentage points above the base interest rate for business clients (§ 456 UGB). The Service Provider reserves the right to suspend further work in the case of overdue payments.
§ 6 Copyright and Usage Rights
All works created by the Service Provider (designs, code, texts, concepts) are subject to Austrian copyright law. Copyright remains with the Service Provider.
Upon full payment of the agreed fee, the Service Provider grants the Client a non-exclusive, unlimited usage right for the agreed purpose. Any use beyond this scope, as well as transfer to or modification by third parties, requires the express written consent of the Service Provider.
The Service Provider is entitled to use completed work in their own portfolio and for promotional purposes, unless the Client expressly objects.
§ 7 Termination and Project Cancellation
Either party may terminate the contract for cause in the event of a serious breach of the mutual obligations, provided that a written warning has been issued without result.
If the Client cancels a project without good cause, all services already rendered must be paid in full. In addition, the Service Provider may claim a cancellation fee of 20% of the agreed total fee for services not yet rendered.
In the case of ordinary termination, a notice period of 14 days applies, unless otherwise agreed in the offer.
§ 8 Liability
The Service Provider is only liable for damages caused by intent or gross negligence. Liability for slight negligence, as well as for loss of profit, data loss, or indirect damages, is excluded to the extent permitted by law.
The Service Provider's total liability is limited to the amount of the net fee agreed for the respective project.
The Client is solely responsible for the legality of content provided to the Service Provider (texts, images, logos, etc.) and shall indemnify the Service Provider against any third-party claims arising therefrom.
§ 9 Data Protection
The Service Provider processes personal data of the Client solely for the purpose of fulfilling the contract, in accordance with the privacy policy at wulius.at/datenschutz and in compliance with the GDPR and the Austrian Data Protection Act (DSG).
§ 10 Confidentiality
Both parties undertake not to disclose confidential information of the other party to third parties and to use it only for the purpose of fulfilling the contract. This obligation survives the termination of the contractual relationship.
§ 11 Final Provisions
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Vienna, Austria.
Should individual provisions of these T&C be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the legally permissible provision that most closely reflects the economic purpose of the invalid provision.
Amendments and supplements to these T&C must be made in writing. This also applies to the waiver of the written form requirement.
§ 12 Late Changes
Change requests by the Client after project delivery are considered new services and will be invoiced at a rate of € 90 per hour (€45 per half-hour or part thereof). The Service Provider will communicate the estimated effort in advance.
§ 13 Hosting and Domain
Where the Service Provider manages hosting and domain services on behalf of the Client, these will be invoiced monthly or yearly as separately agreed. The Service Provider accepts no liability for outages, data loss, or restrictions caused by the respective hosting or domain provider.