Claudia Gilhofer / gil-com e.U.
creative identity and beyond
+43 676 3298562
Commercial Register Court
All content of the website as well as layout and design are protected by copyright.
The duplication or adoption of components of the website, in particular texts, parts of texts, images or graphics requires the prior written consent of Claudia Gilhofer | gil-com e.U.
This imprint is also valid for publications and offers on X (Twitter), YouTube, TikTok, Facebook, Instagram, LinkedIn und Xing.
Claudia Gilhofer | gil-com e.U. endeavors to constantly update and check the content of the website. However, no liability is assumed for the completeness, correctness and topicality. The same applies to websites referred to via hyperlinks. Any connection to such websites is at your own risk.
The protection of your personal data is Claudia Gilhofer | gil-com e.U. a big concern. We therefore process your data exclusively on the basis of the statutory provisions (GDPR, TKG 2003). In this data protection information we inform you about the most important aspects of data processing within the framework of this website.
A. Data protection
Personal data is all data that relates to you personally, such as name, address, telephone number, date of birth, e-mail address, user behavior, etc..
We process your data exclusively on the basis of the legal provisions (General Data Protection Regulation and Data Protection Act in the version of the Data Protection Amendment Act, BGBI. I Nr. 120/2017).
The personal data will be processed by Claudia Gilhofer | gil-com e.U., Beethovenstrasse 16, 4020 Linz, FN 429637 w (contact person & person responsible according to Art 4 Para 7 General Data Protection Regulation (GDPR) is: Claudia Gilhofer, contact: cg(at)gilcom.vision) for the following purpose (Art 6 paragraph 1 lit b and lit f GDPR):
_ Customer data management
_ Supplier data management
Process this data on behalf of Claudia Gilhofer | gil-com e.U. personal data from:
_ Customers: contractual partners in terms of order fulfillment
_ Suppliers: IT service providers
The data is required for contract processing and is initially stored for an indefinite period. In addition, storage takes place within the framework of the legal provisions or storage obligation.
B. Data collection when visiting this website
If you simply visit this website, i.e. if you do not fill out a contact or order form or provide us with any other information, we only collect the data that your browser transmits to our server. We only collect the data that is technically necessary for us to display this website to you and to ensure the stability and security of this website. The legal basis for this is Art 6 Para 1 lit f GDPR.
The following data is collected by us when you visit this website:
_ IP address
_ Date and time of the request
_ Time zone difference to Greenwich Mean Time (GMT)
_ Content of the request (concrete page)
_ Access Status/HTTP Status Code
_ Amount of data transferred in each case
_ Website from which the request comes
_ Operating system and its interface
_ Language and version of the browser software
In addition to the above data, cookies are stored on your computer when you use this website. Cookies are small text files that are stored on your hard drive to make visiting this website attractive for you and to enable you to make optimal use of certain functions and services offered. Cookies cannot run programs or transmit viruses to your computer. In particular, they serve to make our website more user-friendly and efficient overall.
This website uses session cookies and persistent cookies, which we can explain to you below.
Session cookies are automatically deleted when you close your browser. Session cookies store a so-called session ID, with which various requests from your browser can be assigned to the joint session. By storing it, we are able to recognize your computer on subsequent visits. Session cookies are deleted when you log out or close your browser.
Persistent cookies are automatically deleted after a specified period, which can vary depending on the cookie. The duration of storage can be found in the overview in the cookie settings of your browser. You can also delete these cookies at any time in the security settings of your browser.
However, we would like to point out that if you do not accept cookies, you may not be able to use all the functions of this website.
D. Sharing of Data
As part of order processing and contract fulfilment, we pass on your data to service providers commissioned by us, in particular to shipping companies and banks, insofar as this is necessary for the delivery and payment of the service ordered. For the processing of payments, we pass on the collected payment data to commissioned credit institutions and, if necessary, to commissioned payment service providers. If you have given your express consent, commissioned shipping companies will receive your e-mail address and telephone number from us, among other things, so that they can contact you before delivery with regard to a delivery notification or coordination.
Furthermore, we pass on your data to our tax advisor in order to fulfill our tax obligations.
You can revoke any consent you have given at any time, in whole or in part, using the contact details given above. In the event of a revocation, we will delete the data you have provided for this purpose, unless they are required for other purposes or you have not expressly consented to further use of your data. Furthermore, your data will be deleted if there is no legal basis for further processing of your data.
E. Google AddThis bookmarking
Our websites also contain AddThis plug-ins. These plug-ins enable you to set bookmarks or share interesting content with other users. With the plug-ins we offer you the opportunity to interact with social networks and other users, so that we can improve our offer and make it more interesting for you as a user. The legal basis for the use of the plug-ins is Art 6 Para 1 S 1 lit f GDPR.
Your Internet browser uses these plug-ins to establish a direct connection with the AddThis servers and, if applicable, with the selected social network or bookmarking service. The recipients receive the information that you have accessed the corresponding website of our online offer and the data specified under point B of this declaration. This information is processed on AddThis‘s servers in the USA. If you send content on this website to social networks or bookmarking services, a connection can be established between your visit to our website and your user profile on the relevant network. We have no influence on the collected data and data processing procedures, nor are we aware of the full extent of the data collection, the purposes of the processing, the storage periods. We also have no information on the deletion of the collected data by the plug-in provider.
The plug-in provider saves this data as a user profile and uses it for advertising, market research and/or needs-based design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact the respective plug-in provider to exercise this right.
If you do not wish to participate in this process, you can object to data collection and storage at any time by setting an opt-out cookie with effect for the future: http://www.addthis.com/privacy/opt-out. Alternatively, you can set your browser so that it prevents cookies from being set.
Further information on the purpose and scope of the data collection and its processing by the plug-in provider as well as further information on your rights in this regard and setting options to protect your privacy can be obtained from: AddThis LLC, 1595 Spring Hill Road, Sweet 300, Vienna, VA 22182, USA, www.addthis.com/privacy.
F. Social Media
LinkedIn‘s Feed https://at.linkedin.com/in/claudia-gilhofer-ba935021 and Instagram‘s Feed www.instagram.com/cla__gil are directly integrated on this website. Responsible bodies in terms of data protection are:
_ LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland (Datenschutzrichtlinien: https://de.linkedin.com/legal/privacy-policy?)
_ Meta Platforms, Inc., 1601 Willow Road, Menlo Park, CA 94025, USA (Datenschutzrichtlinien: https://www.facebook.com/privacy/policy/?entry_point=about_fb)
_ Plugins from Instagram
_ Plugins from Facebook
_ Plugins from LinkedIn
_ Plugins from XING
_ Plugins from Youtube
Each time one of our pages that contains functions of the social networks mentioned above is called up, a connection to their servers is established. The social networks are informed that you have visited our website with your IP address. If you click the „Recommend“ button in one of the social networks and are logged in with your account, it is possible for this social network to assign your visit to this site to you and your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or their use by the social networks.
G. Integration of Google Maps
On this website we use the offer of Google Maps. This enables us to show you interactive maps directly on the website and enables you to conveniently use the map function.
By visiting the website, Google receives the information that you have accessed the corresponding subpages of this website. This takes place regardless of whether Google provides a user account through which you are logged in or whether there is no user account. If you are logged in to Google, your data will be assigned directly to your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for advertising, market research and/or needs-based design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.
Further information on the purpose and scope of the data collection and its processing by the plug-in provider can be found in the provider‘s data protection declaration. There you will also find further information on your rights in this regard and setting options to protect your privacy: https://policies.google.com/privacy?hl=policies&gl=de. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.dataprivacyframework.gov/s/.
H. Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. („Google“). Google Analytics uses so-called „cookies“, text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. If IP anonymization is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; we would like to point out to you however that in this case you will if applicable not be able to use all functions of this website in full. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by clicking on the following link (http:// tools.google.com/dlpage/gaoptout?hl=de) and install the available browser plugin.
You can prevent Google Analytics from collecting data by clicking on the following link. An opt-out cookie will be set to prevent future collection of your data when you visit this website: Disable Google Analytics
I. Google Web Fonts
Google Web Fonts (Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) are implemented on this website, which means that fonts can be displayed online.
When you call up a page, your browser loads the required web fonts into your browser cache in order to display text and fonts correctly. For this purpose, the browser you are using must connect to the Google servers. This gives Google knowledge that our website has been accessed via your IP address. Google Web Fonts are used in the interest of a uniform and appealing presentation of our online offering. This represents a legitimate interest within the meaning of Article 6 (1) (f) GDPR. If your browser does not support web fonts, a standard font will be used by your computer.
By using Google Web Fonts, an external Google server in the USA is called up when using this offer, i.e. Google is theoretically informed about the use of the offer. Further data protection information can be found at https://developers.google.com/fonts/faq/privacy?hl=de.
J. Postal advertising
We reserve the right to use your first and last name as well as your postal address for our own advertising purposes (e.g. for sending offers or information about our products by post). This serves to protect our overriding legitimate interests in advertising to our customers within the framework of a balancing of interests.
The advertising mailings are provided by a service provider on our behalf. For this purpose we will transmit your data to them.
If you contact Claudia Gilhofer | gil-com e.U. record, your data will be stored for the purpose of processing the request and in the event of follow-up questions until revoked. We do not pass on this data without your consent.
You have the option of subscribing to the Claudia Gilhofer |. newsletter via this website gil-com e.U. to subscribe. For this we need your e-mail address and your declaration that you agree to receive the newsletter.
As soon as you have registered for the newsletter, we will send you a confirmation e-mail with a link to confirm your registration. Your data will be stored by CleverReach® until further notice. The responsible body in terms of data protection is CleverReach GmbH & Co.KG: www.cleverreach.com/de/datenschutz/
You can cancel your subscription to the newsletter at any time. Please send your cancellation to the following email address: cg(at)gilcom.vision. We will then immediately delete your data in connection with the newsletter dispatch.
M. Elopage / Online Coaching booking
The person responsible within the meaning of the EU General Data Protection Regulation and other data protection regulations is:
Claudia Gilhofer / gilcom eU, Claudia Gilhofer, Beethovenstrasse 16, 4020 Linz, E-Mail: firstname.lastname@example.org, Webseite: https://elopage.com/s/claudia-gilhofer
The person responsible for the processing of personal data is the natural or legal person who alone or jointly with others decides on the purposes and means of the processing of personal data.
We respect your data!
Data collection when visiting our website
If you only use our website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called „server log files“). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:
– Our visited website
– Date and time at the time of access
– Amount of data sent in bytes
– Source/reference from which you came to the page
– Browser used
– Operating system used
– IP address used (if necessary: in anonymous form)
The processing takes place in accordance with Article 6 Paragraph 1 Letter f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to subsequently check the server log files if there are concrete indications of illegal use.
We use the website construction kit system from elopage GmbH, Potsdamer Straße 125, 10783 Berlin, Germany („elopage“) for the purpose of hosting and displaying the website on the basis of processing on our behalf. All data collected on our website is processed on elopage‘s servers in Germany. Further information on data protection from elopage is available on the following website: https://elopage.com/privacy-policy/ The scope of the processing of personal data is presented below. Further processing on servers other than those of elopage mentioned above only takes place within the scope communicated below. We have concluded an order processing agreement with Elopage, with which we oblige Elopage to protect our customers‘ data and not to pass it on to third parties.
Rights of the data subject
The applicable data protection law grants you comprehensive data subject rights (rights to information and intervention) vis-à-vis the person responsible with regard to the processing of your personal data, about which we will inform you below:
– Right to information in accordance with Art. 15 GDPR: In particular, you have a right to information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data was or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right to correction, deletion, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if they were not collected from you by us, the existence automated decision-making including profiling and, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing on you, as well as your right to information about the guarantees under Art. 46 GDPR when your data is forwarded to third countries;
– Right to rectification in accordance with Art. 16 GDPR: You have the right to immediate rectification of incorrect data concerning you and/or completion of your incomplete data stored by us;
– Right to deletion according to Art. 17 GDPR: You have the right to request the deletion of your personal data if the requirements of Art. 17 Para. 1 GDPR are met. However, this right does not exist in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
– Right to restriction of processing in accordance with Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data, which you contest, is checked, if you refuse to delete your data due to inadmissible data processing and instead Request restriction of the processing of your data if you need your data to assert, exercise or defend legal claims after we no longer need this data after the purpose has been achieved or if you have lodged an objection for reasons of your particular situation, as long as it is not yet clear whether our legitimate reasons prevail;
– Right to information according to Art. 19 DSGVO: If you have asserted the right to correction, deletion or restriction of processing against the person responsible, he is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or Restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
– Right to data transferability in accordance with Art. 20 GDPR: You have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request transmission to another person responsible, insofar as this is technically feasible;
– Right to revoke granted consent in accordance with Art. 7 Para. 3 GDPR: You have the right to revoke your consent to the processing of data at any time with effect for the future. In the event of revocation, we will delete the data concerned immediately, unless further processing can be based on a legal basis for processing without consent. By withdrawing consent, the legality of the data based on the consent up to
revocation does not affect the processing that has taken place; – Right to lodge a complaint pursuant to Art. 77 GDPR: If you believe that the processing of your personal data violates the GDPR, you have – without prejudice to any other administrative or judicial remedy – the right to lodge a complaint with a supervisory authority, in particular in the Member State where you live, work or where the alleged infringement took place.
Right to object
If we process your personal data as part of a balancing of interests on the basis of our overriding legitimate interest, you have the right at any time to object to this processing for reasons that arise from your particular situation with effect for the future. If you exercise your right to object, we will stop processing the data concerned. However, further processing remains reserved if we can demonstrate compelling legitimate grounds for processing that outweigh your interests, fundamental rights and freedoms, or if the processing serves to make money, exercise or defend legal claims. If we process your personal data in order to operate direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising. You can exercise the objection as described above. If you exercise your right to object, we will stop processing the data concerned for direct advertising purposes.
Duration of storage of personal data
The duration of the storage of personal data is based on the respective legal basis, the processing purpose and – if relevant – also based on the respective statutory retention period (e.g. commercial and tax retention periods).
When processing personal data on the basis of an express consent in accordance with Article 6 Paragraph 1 lit. a GDPR, this data is stored until the person concerned revokes his consent.
If there are statutory retention periods for data that are processed as part of legal or similar obligations on the basis of Article 6 (1) (b) GDPR, this data will be routinely deleted after the retention period has expired, provided that it is no longer required to fulfill or initiate a contract and/or we have no legitimate interest in further storage.
When personal data is processed on the basis of Article 6 (1) (f) GDPR, this data is stored until the data subject exercises his or her right to object under Article 21 (1) GDPR, unless we can provide compelling reasons worthy of protection for processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims. When processing personal data for the purpose of direct advertising on the basis of Article 6 Paragraph 1 lit. f GDPR, this data is stored until the data subject exercises his right of objection under Article 21 Paragraph 2 GDPR.
Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.
N. termin-direkt / Appointment booking system
The „termin-direkt.de“ service is a cloud computing-based online appointment booking system embedded in this website. The company providing the service, the responsible data processor is booked4.us Kft., which is also considered the processor with regard to the users using the service.
Your consent authorizes the responsible data processor to process your personal data only in connection with the use of the online appointment system. After consent has been granted, the responsible data processor may store the data of your bookings in its appointment system for a maximum of three calendar years from your last booking.
O. Data subject rights
Reference to your rights as a data subject:
_ Rights to information within the meaning of Art. 15 GDPR
_ Right to correction or deletion within the meaning of Art 16 and Art 17 GDPR
_ Right to restriction of processing within the meaning of Art. 18 GDPR
_ Right to data portability within the meaning of Art. 20 GDPR
_ Right to object to processing within the meaning of Art. 21 GDPR
You can assert your above-mentioned rights at any time, in whole or in part, by means of an informal letter, without giving a reason, by post or by e-mail to the contact details of the responsible body or data protection officer mentioned above and below.
If you object to the processing of your personal data, we ask that you explain the reasons why we should no longer process your personal data. In the event of your justified objection, we will examine the situation and will either terminate or adjust the processing of your personal data or inform you of our compelling reasons worthy of protection, on the basis of which we will continue the data processing.
If you are of the opinion that the processing of your personal data violates data protection law or your data protection claims have otherwise been violated in any way, you also have the right to complain to the competent supervisory authority. In Austria, this is the data protection authority.
P. Right to object
Insofar as we process personal data in order to safeguard our legitimate interests that prevail in the context of a balancing of interests, you can object to this processing with effect for the future, without giving reasons, in full or in part at www.gil-com.at. It is clear to you that if you do not provide the necessary data, you will not be able to use the services of Claudia Gilhofer | gil-com e.U. cannot take advantage of. If the processing is for direct marketing purposes, you can exercise this right at any time as described above. If the processing is for other purposes, you only have the right to object if there are reasons that arise from your highly personal situation.
After you have exercised your right to object, we will no longer process your personal data for these purposes, unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or if the processing is necessary for the establishment, exercise or defense of serves legal claims.
You can reach us using the following contact details:
Claudia Gilhofer | gil-com e.U.
+43 676 3298562
Q. Changes to this privacy notice
In the event of changes in data protection requirements, we reserve the right to adapt the data protection declaration as required.
1 Validity, conclusion of contract
1.1 Claudia Gilhofer gil-com e.U. (hereinafter „Agency“) 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 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.
1.3 Any terms and conditions of the customer will not be accepted, even if they are known, unless otherwise expressly agreed in writing in individual cases. The agency expressly contradicts the customer‘s terms and conditions. A further objection to the general terms and conditions of the customer by the agency is not required.
1.4 Changes to the GTC will be announced to the customer and are deemed to have been agreed if the customer does not object to the changed GTC in writing within 14 days; the customer is expressly informed of the importance of silence in the communication.
1.5 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 their basis. The ineffective provision is to be replaced by an effective one that comes closest to the meaning and purpose.
1.6 The agency‘s offers are subject to change and non-binding.
2 Social media channels
3 Protection of concepts and ideas
If the potential customer has already invited the agency in advance to create a concept and the agency accepts this invitation before the main contract is concluded, the following regulation applies:
3.1 The potential customer and the agency already enter into a contractual relationship („pitching contract“) with the invitation and the acceptance of the invitation by the agency. This contract is also based on the General Terms and Conditions.
3.2 The potential customer acknowledges that the agency already provides cost-intensive advance services with the concept development, although he has not yet assumed any performance obligations.
3.3 The concept is subject to the protection of copyright law in its linguistic and graphic parts, insofar as these reach work height. The potential customer is not permitted to use and edit these parts without the consent of the agency, if only because of the copyright law.
3.4 The concept also contains advertising-relevant ideas that do not reach the level of a work and therefore do not enjoy the protection of copyright law. These ideas are at the beginning of every creative process and can be defined as the igniting spark of everything that is produced later and thus as the origin of marketing strategy. Therefore, those elements of the concept that are unique and give the marketing strategy its distinctive character are protected. In particular, advertising keywords, advertising texts, graphics and illustrations, advertising material, etc. are regarded as ideas within the meaning of this agreement, even if they do not reach the level of a work.
3.5 The potential customer undertakes to refrain from commercially exploiting or having exploited or using or having used these creative advertising ideas presented by the agency as part of the concept outside of the corrective of a main contract to be concluded later.
3.6 If the potential customer is of the opinion that the agency presented him with ideas that he had already come up with before the presentation, he must inform the agency of this within 14 days of the day of the presentation by e-mail, citing evidence, which allow a chronological assignment to be announced.
3.7 In the opposite case, the contracting parties assume that the agency has presented the potential customer with an idea that is new to him. If the idea is used by the customer, it can be assumed that the agency was meritorious.
3.8 The potential customer can release himself from his obligations from this point by paying a reasonable compensation plus 20% sales tax. The exemption only occurs after the full payment of the compensation has been received by the agency.
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 agency contract or any order confirmation by the agency, as well as any briefing minutes („offer documents“). Subsequent changes to the service content require written confirmation from the agency. Within the framework specified by the customer, the agency has freedom of design when fulfilling the order.
4.2 All of the agency‘s services (in particular all preliminary drafts, sketches, final artwork, proofs, blueprints, copies, color prints and electronic files) must be checked by the customer and approved by the customer within three working days of receipt by the customer. If they are not released in good time, they are deemed to have been approved by the customer.
4.3 The customer will provide the agency with all information and documents that are necessary for the provision of the service in a timely and complete manner. He will inform you of all circumstances that are important for the execution of the order, even if they only become known during the execution of the order. The customer bears the expenses incurred as a result of the fact that work has to be repeated or delayed by the agency as a result of incorrect, incomplete or subsequently changed information.
4.4 The customer is also obliged to check the documents (photos, logos, etc.) provided for the execution of the order for any copyrights, trademark rights, trademark rights 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 case of slight negligence or after fulfilling its duty to warn – at least in the internal relationship with the customer – for a violation of such rights of third parties through the documents made available. If the agency is sued 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 from claims by third parties, in particular the costs of appropriate legal representation. The customer undertakes to support the agency in defending against any claims by third parties. The customer shall make all documents available to the agency without being asked.
5 External services / commissioning third parties
5.1 The agency is entitled, at its own discretion, to perform the service itself, to use expert third parties as vicarious agents for 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 their own name or in the name of the customer. The agency will carefully select this third party and ensure that it has the necessary professional qualifications.
5.3 Insofar as the agency commissions necessary or agreed external services, the respective contractors are not vicarious agents of the agency.
5.4 The customer has to enter into obligations towards third parties that go beyond the contract period. This also applies expressly in the event of termination of the agency contract for good cause.
6.1 Unless expressly agreed as binding, specified delivery or service deadlines are only approximate and non-binding. Binding appointments are to be recorded in writing or confirmed in writing by the agency.
6.2 If the agency‘s delivery/service is delayed for reasons for which it is not responsible, such as events of force majeure and other unforeseeable events that cannot be averted with reasonable means, the performance obligations are suspended for the duration and to the extent of the obstacle and the deadlines are extended accordingly. If such delays last more than two months, the customer and the agency are entitled to withdraw from the contract.
6.3 If the agency is in default, the customer can only withdraw from the contract after he has given the agency a reasonable grace period of at least 14 days in writing and this has expired without result. Claims for damages by the customer due to non-performance or delay are excluded, except in the case of proof of intent or gross negligence.
7 Premature dissolution
7.1 The agency is entitled to terminate the contract for important reasons with immediate effect. An important reason exists in particular if
a) the performance of the service becomes impossible for reasons for which the customer is responsible or is further delayed despite setting a grace period of 14 days;
b) the customer continues to violate essential obligations under this contract, such as payment of an amount that has become due or obligations to cooperate, despite a written warning with a grace period of 14 days;
c) there are legitimate concerns about the creditworthiness of the customer and the customer does not make any advance payments at the request of the agency nor provide suitable security before the agency performs the service.
7.2 The customer is entitled to terminate the contract for important reasons without setting a grace period. An important reason exists in particular if the agency continues to violate essential provisions of this contract, despite a written warning with a reasonable grace period of at least 14 days to remedy the breach of contract.
8.1 Unless otherwise agreed, the agency is entitled to a fee for each individual service as soon as it has been rendered. The agency is entitled to demand advance payments to cover its expenses. From an order volume with an (annual) budget of € 5,000 or those that extend over a longer period of time, the agency is entitled to create interim invoices or advance invoices or to request payments on account.
8.2 The fee is a net fee plus sales tax at the statutory rate. In the absence of an agreement in individual cases, the agency is entitled to a fee at the usual market rate for the services provided and the transfer of copyright and trademark rights.
8.3 All agency services that are not expressly covered by the agreed fee will be remunerated separately. All cash expenses incurred by the agency are to be reimbursed by the customer.
8.4 The agency‘s cost estimates are non-binding. If it is foreseeable that the actual costs will exceed the agency‘s written estimate by more than 15%, the agency will inform the customer of the higher costs. The cost overrun is deemed to have been approved by the customer if the customer does not object in writing within three working days of this notice and at the same time announce cheaper alternatives. If the costs are exceeded by up to 15%, a separate agreement is not required. Exceeding the cost estimate is deemed to have been approved by the customer from the outset.
8.5 The agency is entitled to the agreed fee for all work by the agency that is not carried out by the customer for whatever reason. The crediting provision of § 1168 ABGB is excluded. By paying the fee, the customer does not acquire any rights of use for work already performed; Concepts, drafts and other documents that have not been implemented are to be returned to the agency immediately.
9 Payment, retention of title
9.1 The fee is due for payment immediately upon receipt of the invoice and without deduction, unless special payment terms have been agreed in writing in individual cases. This also applies to the recharging of all cash expenses and other expenses. The goods delivered by the agency remain the property of the agency until the payment has been made in full, including all ancillary obligations.
9.2 If the customer defaults in payment, the statutory interest on arrears shall apply in the amount applicable to entrepreneurial transactions. Furthermore, in the event of default in payment, the customer undertakes to reimburse the agency for the resulting dunning and collection expenses, insofar as they are necessary for appropriate legal prosecution. In any case, this includes the costs of two reminder letters in the usual market amount of currently at least € 20.00 per reminder as well as a reminder letter from a lawyer commissioned with the collection. The assertion of further rights and claims remains unaffected.
9.3 If the customer defaults in payment, the agency can demand immediate payment of all services and partial services rendered as part of other contracts concluded with the customer.
9.4 Furthermore, the agency is not obliged to provide further services until the outstanding amount has been paid (right of retention). The obligation to pay the fee remains unaffected.
9.5 If payment in installments was agreed, the agency reserves the right to demand immediate payment of the entire outstanding debt in the event of late payment of partial amounts or ancillary claims (loss of deadline).
9.6 The customer is not entitled to offset his own claims against the agency‘s claims, unless the customer‘s claim has been recognized in writing by the agency or has been determined by a court.
10 Electronic invoicing
The agency is entitled to send the customer invoices in electronic form. The customer expressly agrees to the sending of invoices in electronic form by the agency.
11 Ownership and Copyright
11.1 All services provided by the agency, including those from presentations (e.g. suggestions, ideas, sketches, preliminary drafts, scribbles, final artwork, concepts, negatives, slides, images, illustrations), including individual parts thereof, remain the property of the individual work pieces and original drafts agency and can be reclaimed by the agency at any time – especially upon termination of the contractual relationship. By paying the fee, the customer acquires the right of use for the agreed purpose. However, unless otherwise agreed, the customer may only use the agency‘s services in Austria. The acquisition of rights of use and exploitation of the agency‘s services requires full payment of the fees charged by the agency. If the customer uses the agency‘s services before this point in time, this use is based on a loan relationship that can be revoked at any time.
11.2 Changes or processing of the agency‘s services, such as in particular their further development by the customer or by third parties working for them, are only permitted with the express consent of the agency and – insofar as the services are protected by copyright – the author.
11.3 The agency‘s consent is required for the use of agency services that go beyond the originally agreed purpose and scope of use, regardless of whether this service is protected by copyright. The agency and the author are entitled to separate appropriate remuneration for this.
11.4 For the use of agency services or advertising material for which the agency has developed conceptual or design templates, the consent of the agency is also required after the agency contract has expired, regardless of whether this service is protected by copyright or not.
11.5 For uses according to paragraph 4, the agency is entitled to the full agency remuneration agreed in the expired contract in the first year after the end of the contract. In the 2nd or 3rd year after the end of the contract, 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.
11.6 The customer is liable to the agency for any unlawful use in double the amount of the appropriate fee for this use.
12.1 The agency is entitled to refer to the agency and possibly to the author on all advertising material and in all advertising measures, without the customer being entitled to a fee for this.
12.2 Subject to the written revocation of the customer, which is possible at any time, the agency is entitled to refer to the existing or former business relationship with the customer on its own advertising media and in particular on its Internet website with the name and company logo (reference note).
13.1 The customer must report any defects immediately, at least within eight days after delivery/service by the agency, hidden defects within eight days after they have been identified, in writing with a description of the defect; otherwise the service is deemed to have been approved. In this case, the assertion of warranty and damage claims as well as the right to contest errors due to defects is excluded.
13.2 In the event of a justified and timely notice of defects, the customer has the right to have the delivery/service improved or replaced by the agency. The agency will rectify the defects within a reasonable period of time, whereby the customer enables the agency to take all measures necessary for the investigation and rectification of defects. The agency is entitled to refuse to improve the service if this is impossible or involves a disproportionate amount of effort for the agency. In this case, the customer is entitled to the statutory conversion or reduction rights. In the case of improvement, it is up to the customer to transmit the defective (physical) item at his own expense.
13.3 It is also the client‘s responsibility to check the service for its legal admissibility, in particular with regard to competition, trademark, copyright and administrative law. The agency is only obliged to carry out a rough check of legal admissibility. In the event of slight negligence or after fulfilling any obligation to warn the customer, the agency is not liable for the legal admissibility of content if this was specified or approved by the customer.
13.4 The warranty period is six months from delivery/service. The right of recourse against the agency according to § 933b paragraph 1 ABGB expires one year after delivery/service. The customer is not entitled to withhold payments due to complaints. The presumption of § 924 ABGB is excluded.
14 Liability and product liability
14.1 In cases of slight negligence, liability on the part of the agency and its employees, contractors or other vicarious agents („people“) for property damage or financial loss of the customer is excluded, regardless of whether it is direct or indirect damage, loss of profit or consequential damage, damage due to delay , impossibility, positive breach of contract, culpa in contrahendo, due to defective or incomplete performance. The injured party has to 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“.
14.2 Any liability of the agency for claims made against the customer on the basis of the service provided by the agency (e.g. advertising campaign) is expressly excluded if the agency has fulfilled its obligation to inform or if such was not recognizable to it, whereby slight negligence is not harms. In particular, the agency is not liable for legal costs, the customer‘s own legal fees or costs for the publication of judgments, as well as for any claims for damages or other claims by third parties; the customer must indemnify and hold harmless the agency in this respect.
14.3 Claims for damages by the customer expire six months after knowledge of the damage; but in any case after three years from the infringing action of the agency. Claims for damages are limited to the amount of the net order value.
15 Data protection (optical emphasis according to case law)
The customer agrees that his personal data, namely name/company, profession, date of birth, company 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, UID number) for the purpose of fulfilling the contract and looking after the customer and for our own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of pointing out the existing or previous business relationship with the customer (reference note) determined automatically, are stored and processed. The client agrees that electronic mail will be sent to him for advertising purposes until further notice.
This consent can be revoked at any time in writing by e-mail or letter to the contact details given at the top of the GTC.
16 Securing independence
16.1 The client and the agency are committed to mutual loyalty.
16.2 The customer and the agency mutually undertake to take all precautions that are suitable to prevent the independence of the commissioned third parties and employees of the agency from being endangered. This applies in particular to offers by the customer for employment or the acceptance of orders for their own account.
17 Confidentiality / Data Protection
17.1 The agency undertakes to maintain strict secrecy about all business matters that come to its knowledge, in particular business and trade secrets as well as any information that it receives about the type, scope of operations and practical activities of the customer.
17.2 Furthermore, the agency undertakes to maintain secrecy towards third parties about the entire content of the work and all information and circumstances that it received in connection with the creation of the work, in particular about the data of the customer‘s clients.
17.3 The agency is entitled to process personal data entrusted to it within the scope of the purpose of the contractual relationship. The customer guarantees the agency that all necessary measures, in particular those in the sense of the data protection law, such as declarations of consent of the persons concerned, have been taken.
18 Applicable law
The contract and all mutual rights and obligations derived from it as well as claims between the agency and the customer are subject to Austrian substantive law to the exclusion of its reference standards and to the exclusion of the UN Sales Convention.
19 Final Provisions
19.1 The customer and the agency confirm that they have provided all information in the contract conscientiously and truthfully and undertake to mutually notify each other immediately of any changes.
19.2 Changes to the contract and these GTC must be in writing; as well as a waiver of this formal requirement. Verbal collateral agreements do not exist.
a) In the event of disputes arising from this contract that cannot be settled amicably, the contracting parties agree to consult registered mediators (ZivMediatG) with a focus on business mediation from the list of the Ministry of Justice for the out-of-court settlement of the conflict. If no agreement can be reached on the selection of the business mediators or on the content, legal steps will be taken at the earliest one month after the failure of the negotiations.
b) In the event that mediation does not take place or is aborted, Austrian law applies to any court proceedings that may be initiated. All necessary expenses incurred as a result of previous mediation, in particular those for legal advisors consulted, can be claimed as “pre-trial costs” in court or arbitration proceedings as agreed.
20 Fulfillment and jurisdiction
20.1 The place of fulfillment is the registered office of the agency. In the case of shipping, the risk passes to the customer as soon as the agency has handed over the goods to the transport company it has chosen.
20.2 The place of jurisdiction for all legal disputes arising between the agency and the customer in connection with this contractual relationship is the competent court for the agency‘s registered office. Irrespective of this, the agency is entitled to sue the customer at his general place of jurisdiction.
20.3 Insofar as designations relating to natural persons are only given in the masculine form in this contract, they refer to all genders in the same way. When applying the designation to specific natural persons, the respective gender-specific form is to be used.