GENERAL TERMS & CONDITIONS
General Terms and Conditions of Ferras Corporate Design e.U., 27.03.2018
1.1. Ferras Corporate Design e.U. (hereafter referred to as “Ferras”) is a corporate identity agency that offers services at its registered office at Salzgries 16/9 in 1010 Vienna.
1.2. These general terms and conditions (GT&C) cover all services that may be rendered by Ferras. They are applicable to all commissions, orders and legal transactions between Ferras and the respective clients.
1.3. Verbal arrangements, additional agreements and disclosures, particularly those made by staff, shall only have legal effect if confirmed by Ferras in writing.
1.4. The GT&C shall also cover future transactions between the contracting parties even if they are not referred to again when concluding future contracts.
1.5. Should individual provisions prove invalid, this shall not affect the validity of the remaining provisions of these GT&C. Any such invalid clause shall be replaced by a valid clause that comes as close as possible to capturing the commercial and legal spirit and purpose of the original clause.
2.1. Ferras shall only be liable to the client for the compensation of loss or damage that has been caused in connection with this contract by Ferras and/or its staff and only when said loss or damage has been caused through gross negligence or with intent. Liability for gross negligence shall be limited to the amount of € 2000.
2.2. It is the respective client that bears sole responsibility and liability for form and content, protection of trade names & trade marks, infringements of copyrights, patent infringements, etc. Ferras shall be under no obligation to carry out checks of any kind in respect of the drafts produced, especially in regards to trade mark similarity checks or linguistic connotation screenings. The client bears sole responsibility for the execution of such as well as the decision if such checks or screenings are necessary for the work delivered by Ferras. . Rather, as well as undertaking to comply with all the legal regulations of relevance to its commission, the client expressly undertakes not to threaten or infringe the rights of third parties.
2.3. Where Ferras produces concepts, drafts, final artwork and text, etc. on behalf of the client (even with its own involvement), Ferras shall be deemed the creator thereof under the relevant legal provisions. They (including any parts thereof) are not to be modified, reproduced or imitated without the express consent of Ferras. Until such time as the agreed remuneration has been paid in full, Ferras shall thus continue to hold the rights of use. The rights of use concerning the respective works shall only be transferred to the client following full payment of the fee for the work.
2.4. Ferras shall remain the sole holder of the copyright and related rights to all the works produced – such as the layout and corporate design, visual concepts and created brands, etc. – until the rights of use are transferred in accordance with point 2.3. This shall include, in particular, the authority to repel unlawful interference in its own name and also – if need be – to take legal action to enforce any resulting claims.
2.5. Ferras shall only carry out production monitoring – of forms, for example – by special agreement. If production monitoring is undertaken, Ferras shall be entitled to make the necessary modifications at its own discretion and to issue instructions to the producers accordingly. Liability for external services is expressly excluded. If the client fails to observe the final proof deadline that has been set, it shall be up to Ferras to schedule the go-ahead for production. Subsequent liability is excluded.
2.6. Ferras shall be entitled to incorporate the works produced into its portfolio even after the end of the contract and to publish them for presentation purposes and in the context of competitions.
3.1. Unless otherwise stipulated by the commission confirmation, the remuneration shall be due on delivery of the work. It is payable within 10 days without any deductions.
3.2. If the ordered items of work are subject to acceptance in stages, corresponding partial remuneration shall be due on the basis of the respective written offer. In cases of doubt, appropriate instalments shall be made to the value of 1/3 of the total remuneration agreed when placing the commission.
3.3. In the event of default in payment, Ferras shall be entitled to demand default interest from business transactions. This shall not affect its right to assert a higher level of loss or damage provided that this can be proven. Nor shall it affect the right of the client to prove that a lower level has been incurred in individual cases.
4. Data Protection
4.1. Ferras and the client are required to treat as confidential any data, information and documents that they obtain in connection with the work. They are not permitted to make these accessible to third parties – whether in full or in part, or directly or indirectly – without prior permission from the other contracting party, with exception of access given to third pary service providers by Ferras or the client to fulfill the tasks contracted to Ferras.
4.2. The client is aware that the data it sends will be stored and processed by Ferras. It will only be divulged externally by order of the authorities, if legal interests of third parties have been substantiated by prima facie evidence and only to the extent required for a prosecution in that particular case, or if divulging the data to third party service providers is a necessary part in the process of fulfilling the creation and production process contracted to Ferras (e.g. sub contractors for IT, printers, etc.) .
4.3. The aforementioned obligations shall continue to apply even after the end of this contractual relationship.
5. Warranty / Place of Performance / Place of Jurisdiction
5.1. Notice of defects of any kind must be submitted to Ferras in writing no more than five working days after the work has been presented/made available online or delivered. If no notification of defects is received by this deadline, the work shall be deemed to have been accepted without defects.
5.2. Provisions of the Austrian Consumer Protection Act and other mandatory statutory provisions shall remain unaffected.
5.3. The place of performance is Vienna. The language of the contract is German. The exclusive place of jurisdiction for legal disputes arising from and in connection with this contract shall be the court in Vienna that is competent to deal with the matter.
General Terms and Conditions formulated by
Dr. Viktor Wolczik Dr. Alexander Knotek Mag. Florian Knotek LL.M. GesBR
2500 Baden bei Wien