Terms and Conditions (GTC)
I.
Scope
The services of Contentfish GmbH, Große Neugasse 16/2, 1040 Vienna (hereinafter referred to as "Contentfish GmbH") are provided exclusively in accordance with the following provisions, unless otherwise expressly agreed in writing. All services are provided on the basis of these general terms and conditions, unless expressly agreed otherwise in writing.
These general terms and conditions apply between Contentfish GmbH and the client, hereinafter referred to as "client".
For reasons of better readability, the simultaneous use of male and female language forms is avoided, whereby it is expressly stated that all personal designations apply equally to all genders.
II.
Services
The services of Contentfish GmbH extend to services that are provided in connection with advice on content marketing work and the implementation of these and other services for the client.
The specific type of services and works in detail results from the concept developed by Contentfish GmbH, the offer, the implementation proposals and the individual orders.
Below is a demonstrative list of services that Contentfish GmbH can provide for its clients:
- Content Marketing (Content Strategy Workshops, Consulting, CMS advisory, Video Marketing, Podcast Marketing etc.)
- Content Creation (Blog posts & Pillarpages, Gated Content wie Whitepapers, Checklists and the like, PR articles, newsletter texts, landing page concept and content, Videos, Podcasts, etc)
- Inbound Marketing (Consulting, Marketing Automation, Lead Generation, E-Mail Marketing, etc)
- Social Media Marketing (Social Media Strategy, Consulting, Paid Ads, Content Creation etc)
- Design (Style Guide, Business Photography, Infographics, Graphics etc)
- E-Commerce (Shop System Advisory, Online Shop Creation, E-Commerce Marketing etc)
- Workshops
The commissioning of third parties as part of an external service is carried out on behalf of the customer. This is done either on account of the customer or on account of Contentfish GmbH. Contentfish GmbH will select these third parties carefully and ensure that they have the necessary professional qualifications.
Contentfish GmbH works with third parties (referred to as "external service providers"), such as freelancers and freelancers. If services commissioned from Contentfish GmbH are provided by external service providers, the client undertakes to refrain from directly commissioning these external service providers for a period of one year after the end of the cooperation with Contentfish GmbH without the prior written consent of Contentfish GmbH .
III.
Workshops and SeminarsRegistration for participation in seminars and workshops takes place in writing on a separate registration form or by e-mail.
A workshop (or seminar) offered by Contentfish GmbH only takes place if at least two people are registered for it.
The registration and a deposit of 50% must be received by Contentfish GmbH no later than 14 days before the start of the workshop (or seminar). The contract is concluded when the participant receives the written confirmation. The remaining invoice amount is due 7 days before the planned workshop or seminar.
Clients can withdraw in writing up to 72 hours before the scheduled appointment without giving any further reasons. The receipt of the declaration of withdrawal by Contentfish GmbH is decisive. Fees already paid for seminars or workshops will be refunded in this case.
If a declaration of withdrawal is received after the above-mentioned period, Contentfish GmbH will retain a processing fee of 25% of the invoice amount if the withdrawal is made between 72 hours and 48 hours before the planned date. If the withdrawal occurs between 48 hours and 24 hours before the planned date, Contentfish GmbH will retain a processing fee of 50% of the invoice amount.
If the client does not appear on the day of the event, or if the declaration of withdrawal is sent within 24 hours before the planned event date, Contentfish GmbH will retain a processing fee of 100% of the invoice amount.
Contentfish GmbH is entitled to cancel workshops or seminars for important reasons - in particular if there are insufficient numbers of participants or if speakers are ill. Participants will be informed of this by telephone or e-mail. In this case, already paid fees will be reimbursed. Any further claims for damages are excluded.
If a participant is unable to attend due to illness, a one-off credit note for another workshop that cannot be redeemed in cash will be issued, which must be consumed within 12 months. A medical certificate must be submitted.
IV.
Offers and Orders
Contentfish GmbH offers its clients the production of the services specified in an individual offer with the features and conditions specified there. The subject of the order is the agreed service, design activity or consulting activity specified in the offer, but not the achievement of a specific economic success.
A legally binding order is created by a verbal or written order confirmation by the client, namely by accepting the offer from Contentfish GmbH. Unless otherwise agreed, the offer remains valid for 14 days for acceptance. After acceptance of the offer, Contentfish GmbH is entitled to charge a partial cost contribution before beginning the service. This takes place in accordance with point VI.
The services are based on the offer. If no more specific agreements are made in the offer, the provisions of the General Terms and Conditions apply.
V.
Dates & DeliveryThe dates stated in the offer are deemed to have been agreed and are binding in accordance with the operational possibilities, unless the agreed dates cannot be met due to unavoidable events such as force majeure, official intervention, circumstances for which Contentfish GmbH is not responsible and which it can influence.
The desired fulfillment dates can only be met if the client makes all necessary work and documents available in full by the dates specified by Contentfish GmbH and fulfills his obligation to cooperate to the required extent.
Delivery delays and cost increases caused by incorrect, incomplete or subsequently changed details and information do not result in Contentfish GmbH being in default. The resulting additional costs are borne by the client as the client.
VI.
Limitation of the client's liability and obligations to cooperate and provide informationIn principle, Contentfish GmbH assumes no liability for damage within the scope of the client's own responsibility.
With the exception of gross negligence or intent, all claims for damages that could arise in connection with the provision of services by Contentfish GmbH are excluded. Contentfish GmbH is not liable for damage caused by third parties.
Contentfish GmbH will inform its clients in good time of any legal risks of the content or the design of planned advertising measures that are recognizable to them. If Contentfish GmbH considers a legal (e.g. competition law) examination by a particularly competent person to be necessary for the implementation of the measures, it must inform the client of this. If Contentfish GmbH has pointed out concerns and the client nevertheless insists on the realization of the advertising measure, Contentfish GmbH is not liable for the resulting disadvantages and risks. The client shall indemnify and hold harmless the agency with regard to any claims by third parties.
Irrespective of this, Contentfish GmbH is not liable for factual information about the client's products contained in advertising measures or for the copyright, model, trademark or trademark protection of the ideas, suggestions, concepts, drafts etc. provided under this contract, unless these Protectability was expressly included in the contract.
Any claims for damages by the client become time-barred six months after becoming aware of the damage; but in any case after three years from the infringing action of Contentfish GmbH. In any case, claims for damages are limited to the amount of the net order value.
The client is obligated to carry out all cooperation actions necessary for the execution of the contract and to support Contentfish GmbH in terms of a trusting cooperation. This obligation to cooperate applies in particular to time-bound projects in which the cooperation of the client is essential to meet certain deadlines.
The client ensures that Contentfish GmbH is provided with all documents necessary for the execution of the contract in a timely manner and without any special request, and that Contentfish GmbH is informed immediately of all processes that may be important for the execution of the agreement.
VII.
Billing and Payment terms The cost points are calculated according to the offer. Agreed services will be invoiced to the client at the end of the month, insofar as no deviating agreements have been made between the contractual partners. The prices stated in the offer are decisive. Additional services that are not included in the offer are to be remunerated separately after prior notification. Changes to the scope of costs that go beyond this require a recalculation and are considered a new order.
Updates and changes to offers and orders are set out in writing by both parties and are part of the contractual relationship between Contentfish GmbH and the client as an additional agreement. The client is not entitled to unilaterally change the contractual services. If the client unilaterally changes or cancels orders, work, planning and the like, or changes the requirements for the provision of services, the client must reimburse Contentfish GmbH for all costs incurred as a result. In addition, he must indemnify Contentfish GmbH from all liabilities to third parties.
If the client withdraws from the contract before the start of the order processing, Contentfish GmbH can demand a reasonable part, but at least 15% of the agreed order amount as a cancellation fee. Invoicing takes place monthly, unless otherwise agreed in the offer. The invoice amount is due within 14 days of invoicing and must be transferred to the specified account without any deductions. In the event of default in payment, interest of 10% p.a. is agreed, unless it is a consumer transaction; in this case, the statutory interest rate applies.
The prices of Contentfish GmbH are - as far as legally permissible - net prices. Statutory sales tax will be charged additionally at the rate applicable at the time of invoicing.
VIII.
Obligation of secrecy
Contentfish GmbH is obliged to keep all business secrets of the client that have become known to it during the cooperation confidential.
This confidentiality obligation of Contentfish GmbH also applies beyond the duration of the cooperation.
IX.
Attribution & References
Contentfish GmbH has the right to use its services for the purpose of self-promotion (e.g. in image materials or on its own website) subject to other agreements made. Contentfish GmbH may grant contributors to the service (such as partners or subcontractors) the right to use the services for their own promotion.
Unless the client expressly objects in writing, Contentfish GmbH may also use the client's logo as a reference on its website after the conclusion of a contract.
X.
Copyright and permission to use the work
The concepts, drafts, ideas and services developed as part of an order are protected as a proprietary intellectual creation by copyright law. This regulation is also deemed to have been agreed if the level of creation required by copyright law has not yet been reached.
If no order is placed by the client after a first presentation of a concept or if the contract does not come about for other reasons, all services provided by Contentfish GmbH to date, in particular the presentation documents and the drafts, works, ideas etc. contained therein, remain the intellectual property of of Contentfish GmbH. In this case, the client is not entitled to use, edit, reproduce or use these drafts as a basis for creating their own content. If the order is not placed, the client must immediately return all presentation documents in his possession to Contentfish GmbH. Making copies is not permitted.
Contentfish GmbH only grants those permissions to use the services provided by Contentfish GmbH that have also been expressly agreed in the contract. Therefore, the spatial, temporal and content-related scope of the permission to use the work is determined depending on the purpose of the contract. The permission to use the work will only be granted by Contentfish GmbH once the entire order has been paid in full to the client.
The rights of use to released and paid for work results of third parties, e.g. to photographs, illustrations, music, as well as the ancillary copyrights of third parties, e.g. of actors, speakers, models, will be transferred to the client by Contentfish GmbH to the extent necessary for the implementation of the work according to this Contractually agreed advertising measures in the contract area is required. If these rights are limited in terms of time, space, content and with regard to the types of use (advertising media) in individual cases and the transmission to the aforementioned extent is therefore not possible, Contentfish GmbH will point this out to the client and proceed according to their further instructions.
XI.
Applicable law, place of performance, place of jurisdiction
All business transactions are subject to Austrian law with the exception of the provisions of the UN Sales Convention. The place of fulfillment is the seat of Contentfish GmbH. Place of jurisdiction is Vienna.
XII.
Final Provisions
Changes and additions to this contract must be made in writing to be effective. Written form is also agreed for the waiver of the written form requirement.
If a provision of these General Terms and Conditions is or becomes invalid or if a gap is found in a contract concluded on the basis of these General Terms and Conditions, this does not lead to the invalidity of the remaining provisions. Rather, a regulation should apply that comes as close as possible to what the contracting parties wanted or would have wanted according to the spirit and purpose of the contract, if they had considered this point.
