GTC

For digitize as a business unit of MONOBUNT GmbH, the general terms and conditions of MONOBUNT GmbH apply. Here you will find all information on services, fees, deadlines, payment, place of jurisdiction and much more.

1. general

All transactions between the customer and MONOBUNT GmbH, hereinafter referred to as the agency, shall be governed exclusively by these standard terms and conditions. Conflicting terms and conditions of the customer shall only be effective if they are expressly recognized by the agency in writing. Agreements deviating from or supplementing these standard terms and conditions must always be made in writing. Should individual provisions of these standard terms and conditions be invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and purpose of the invalid provision.

2. conclusion of contract

The agency's offers are subject to change. The customer shall be bound to his order for two weeks from receipt by the agency. Orders placed by the customer shall only be deemed accepted upon written confirmation of the order by the agency, unless the agency indicates that it accepts the order, for example by taking action on the basis of the order.

3. service and fee

Unless otherwise agreed, the Agency's fee claim for each individual service shall commence as soon as it has been rendered. The Agency shall be entitled to demand advance payments to cover its expenses. The agency shall receive a fee of 15% *) of the advertising budget handled by it for the services rendered and the compensation for rights of use. All services provided by the agency that are not expressly covered by the agreed fee shall be remunerated separately. This applies in particular to all ancillary services provided by the agency. All cash expenses incurred by the Agency that go beyond the normal course of business (e.g. for courier services, extraordinary shipping costs or travel) shall be reimbursed by the Client. The Agency's cost estimates are generally non-binding. If it is foreseeable that the actual costs will exceed the Agency's written estimate by more than 20 percent, the Agency shall inform the Client of the higher costs. The cost overrun shall be deemed to have been approved by the client if the client does not object in writing within three days of this notification and at the same time announces more cost-effective alternatives. The Agency shall be entitled to appropriate remuneration for all work carried out by the Agency which, for whatever reason, is not completed. Upon payment of this remuneration, the client shall not acquire any rights to this work. Concepts, drafts, etc. that are not carried out must be returned to the Agency immediately.

4. presentations

The Agency shall be entitled to an appropriate fee for participation in presentations, which shall at least cover the Agency's entire personnel and material expenses for the presentation as well as the costs of all external services. If the Agency does not receive an order after the presentation, all services of the Agency, in particular the presentation documents and their content, shall remain the property of the Agency; the Client shall not be entitled to continue to use them in any form whatsoever; the documents shall instead be returned to the Agency without delay. If the ideas and concepts introduced in the course of a presentation for the solution of communication tasks are not utilized in advertising material designed by the Agency, the Agency shall be entitled to use the ideas and concepts presented elsewhere. The passing on of presentation documents to third parties and their publication, duplication or other distribution is not permitted without the express consent of the Agency.

5. property rights and copyright protection

All services of the agency, including those from presentations (e.g. suggestions, ideas, sketches, preliminary drafts, scribbles, final artwork, concepts, negatives, slides) as well as individual parts thereof, shall remain the property of the agency, as shall the individual workpieces and original designs, and may be reclaimed by the agency at any time - in particular upon termination of the agency contract. By paying the fee, the client only acquires the right of use (including reproduction) for the agreed purpose and to the agreed extent of use. Unless otherwise agreed with the Agency, the Client may only use the Agency's services itself, exclusively in Austria and only for the duration of the Agency Agreement. Changes to the Agency's services by the Client shall only be permitted with the express consent of the Agency and - insofar as the services are protected by copyright - of the author. The Agency's consent is required for the use of the Agency's services beyond the originally agreed purpose and scope of use, irrespective of whether these services are protected by copyright. The Agency and the author shall be entitled to separate, appropriate remuneration for this; the fee set out in the Agency Agreement shall always be appropriate, but at least 7.5% **) of the remuneration paid by the client to the third party commissioned with the production, distribution or publication of the advertising material. The Agency's consent is also required for the use of the Agency's services or advertising material for which the Agency has developed conceptual or design templates after the expiry of the agency contract, irrespective of whether this service is protected by copyright. In the 1st year after the end of the contract, the agency is entitled to the full agency fee agreed in the expired contract, usually 15% **). In the 2nd or 3rd year after expiry of the contract, this is only half or a quarter of the remuneration agreed in the contract. From the 4th year after the end of the contract, no agency fee is payable.

6. labeling

The Agency shall be entitled to refer to the Agency and, where applicable, to to the originator on all advertising material and in all advertising measures, without the customer being entitled to any remuneration for this.

7. authorization

All services provided by the agency (in particular all preliminary drafts, sketches, final artwork, brush proofs, blueprints and color prints) must be checked by the customer and approved within three days. If they are not approved in good time, they shall be deemed to have been approved by the customer. In particular, the customer shall have the legal admissibility of the agency's services checked, especially with regard to competition and trademark law. The agency shall only arrange for an extreme legal review at the written request of the customer; the customer shall bear the associated costs.

8. dates

The Agency shall endeavor to meet the agreed deadlines. However, failure to meet the deadlines shall only entitle the customer to assert the rights to which he is legally entitled if he has granted the agency a grace period of at least 14 days. This period shall commence upon receipt of a reminder letter to the Agency. An obligation to pay compensation on the grounds of default shall only exist in the event of intent or gross negligence on the part of the Agency. Unavoidable or unforeseeable events - in particular delays on the part of the Agency's contractors - shall in any case release the Agency from compliance with the agreed delivery date.

9. payment

The Agency's invoices shall be due promptly net cash without any deductions from the invoice date, unless otherwise agreed. In the event of late payment, interest on arrears at the current rate of 12% p.a. shall be deemed agreed. Delivered goods shall remain the property of the Agency until payment has been made in full. The customer may only offset or assert a right of retention against undisputed or legally established claims.

10 Warranty and compensation

The customer must assert and substantiate any complaints in writing within three days of performance by the agency. In the event of justified and timely complaints, the client shall only have the right to have the service improved by the agency. In the event of justified complaints, the defects shall be rectified within a reasonable period of time, whereby the client shall enable the contractor to take all necessary measures to investigate and rectify the defects. The reversal of the burden of proof in accordance with § 294 ABGB is excluded; the existence of the defect at the time of handover must be proven by the client. Claims for damages by the client, in particular due to delay, impossibility of performance, positive breach of contract, culpa in contrahendo, defective or incomplete performance, consequential harm caused by a defect or due to unauthorized actions are excluded, unless they are based on intent or gross negligence on the part of the agency. The agency accepts no liability whatsoever for the client's documents provided to it for processing.

11. liability

The agency shall carry out the work assigned to it in compliance with the generally recognized legal principles and shall inform the customer in good time of any significant risks that it recognizes. However, the client shall be responsible for compliance with the statutory provisions, in particular those relating to competition law, including those relating to the advertising measures proposed by the agency. He shall only approve an advertising measure proposed by the Agency (a trademark proposed by the Agency) if he himself has ascertained that it is unobjectionable under competition law (trademark law) or if he himself is prepared to bear the risk associated with the implementation of the advertising measure (the use of the trademark). Any liability of the agency for claims made against the customer as a result of the advertising measure (the use of a trademark) is expressly excluded if the agency has fulfilled its duty to inform; in particular, the agency shall not be liable for legal costs, the customer's own legal fees or the costs of the publication of judgments or for any claims for damages or similar claims by third parties. In the event that a claim is made against the Agency itself due to the implementation of an advertising measure (the use of a trademark), the Client shall indemnify and hold the Agency harmless: the Client shall therefore compensate the Agency for all financial and other disadvantages (including immaterial damages) incurred by the Agency as a result of a claim by a third party. The client shall only be liable for damages, insofar as intent or gross negligence can be proven, within the framework of the statutory provisions. Liability for slight negligence is excluded. The existence of gross negligence must be proven by the injured party.

12 Applicable law

The legal relationship between the customer and the agency shall be governed exclusively by Austrian law.

13. place of fulfillment and jurisdiction

The place of performance shall be the registered office of the Consultant/Agency. The place of jurisdiction for all disputes arising directly between the Agency and the Client shall be the Austrian court with local and subject-matter jurisdiction for the registered office of the Agency. However, the Consultant shall also be entitled to appeal to another court with jurisdiction for the Client.

*) Created on the initiative of the Upper Austria trade group **) The percentages given are - also internationally - customary in the industry.