terms and conditions
1. general
The following General Terms and Conditions (hereinafter referred to as GTC) are part of all contracts in written and electronic form with creatingfaces e.U. (Bernhard Müllauer) at Kirchstetterngasse 20/37-38, 1160 Vienna (hereinafter referred to as creatingfaces e.U.) and the customer (hereinafter referred to as the Client). These GTC apply to all current and future projects and services of creatingfaces e.U. for the Client, even if the GTC are not explicitly referenced at the time of contract conclusion. The subject and scope of services are regulated in the respective offers and contracts.
2. offers and pricing
Offers from creatingfaces e.U. are valid for 14 days from the date of issue. The prices stated in an offer, in any other written or oral agreement, and on this website are net prices. This means that they are prices excluding the legally applicable value added tax.
3. contract formation
A contract is always preceded by a non-binding initial consultation between creatingfaces e.U. and the Client. An order is considered placed when creatingfaces e.U. has submitted a written or oral offer to the Client and this has been confirmed in full in writing, by email, or by signing a contract within 31 days of the date of issue. Subsequent changes to the scope of the order by the Client require written approval from creatingfaces e.U.
4. client obligations
The Client must ensure that the graphics, texts, and documents submitted for the execution of the order do not infringe on any copyrights or other rights of third parties. creatingfaces e.U. is not liable for any infringement of these rights. The responsibility lies solely with the Client. Furthermore, the Client shall provide the information and files required for the realization of the project in a timely manner.
5. delivery dates
Stated concept or completion dates are considered guidelines and are not binding unless a binding date has been agreed upon. Binding dates must be agreed in writing. If the Client does not provide the documents and files required for the implementation of the project in a timely manner, particularly if this circumstance significantly complicates or makes it impossible to finalize the project, creatingfaces e.U. is entitled to terminate the contract and all agreements. Services rendered up to that point will be invoiced on an hourly basis.
6. invoice delivery
The invoice is delivered to the Client upon completion of the order. This applies to orders without ongoing support; however, creatingfaces e.U. is entitled to issue interim or partial invoices during the order period. Service contracts with a performance period over a longer period as well as installment payments are charged monthly or quarterly in advance, unless otherwise agreed in writing. Unless otherwise agreed, invoices are sent to the Client by email (in PDF format) or by post. Electronic invoices bear a qualified digital signature, which guarantees the authenticity of the document. Electronically sent documents with such a signature are legally equivalent to original paper documents.
7. payment
Unless otherwise agreed in writing, the invoice is due no later than 14 days from the invoice date and without deduction. In the event of non-compliance with the payment deadline, default interest of 4% and reminder fees of EUR 4.00 per reminder will be charged.
8. retention of title
Until full payment of the service, it remains the property of creatingfaces e.U.
9. termination
Termination of a contract by the Client is possible at any time and must be made in writing. Services rendered by creatingfaces e.U. up to that point will be billed on an hourly basis. The termination takes effect immediately - except for longer-term service contracts, which are regulated separately below.
Termination of a longer-term service contract by the Client (for example: maintenance or SEO optimization over several months) takes effect from the following month of the respective month up to which the advance payment was made. A refund is not possible as the services have already been rendered.
Automatic termination takes effect when the agreed service period of a contract has expired. Extraordinary termination by creatingfaces e.U. is carried out if the Client violates these GTC despite repeated warnings.
10. completion and handover
Unless otherwise agreed in writing, the project will be submitted to the Client as a draft for review before completion. After their approval and any corrections, the project will be completed and handed over to the Client on a suitable data carrier or by uploading to a web server.
After the handover of the project data to the Client, creatingfaces e.U. is not obligated to back up the data. For orders without a visually measurable result (for example, search engine optimization, online marketing, public relations...), a report on the services will be provided at regular intervals. As a rule, such a report will be submitted together with the monthly or quarterly invoice.
11. acceptance by the client
After completion and handover of a web or design project, the Client is obligated to accept the project, provided that the services rendered by creatingfaces e.U. meet the contractual requirements. The deadline for acceptance is 7 days from the day of handover. The Client undertakes to review the web or design project and test the functions. Any defects must be reported immediately, but no later than 7 days. creatingfaces e.U. will promptly correct the complaints.
The web or design project is considered accepted and approved if the Client does not report any defects within 14 days from the day of handover. Changes after acceptance are subject to charges.
Orders that do not fall within the scope of website design, website development, graphic design, and print design are not subject to acceptance by the Client, as such acceptance is not possible in these cases due to the lack of a visual result. In these cases, the Client will be informed by creatingfaces e.U. in an appropriate manner (reports) about the performance of services.
12. web hosting and domain
In the area of web hosting and domain, creatingfaces e.U. acts as an intermediary between the Client and the hosting provider. The registration of the domain can be initiated by the Client themselves or, after authorization, by creatingfaces e.U. through the provider. creatingfaces e.U. has no influence on whether the desired domain is actually allocated to the Client by the responsible registration authority.
Upon successful registration of the domain, the Client is registered as the domain owner with all rights and obligations. The domain owner is fully responsible for the information provided on the hosting product made available by the provider. Regarding web hosting and the domain, the GTC of the third-party provider (provider, domain registration authority) apply. Any liability by creatingfaces e.U. is excluded in this context.
13. branding and reference
Unless otherwise agreed in writing, creatingfaces e.U. reserves the right to place a free-of-charge branding (link) to the creator (creatingfaces e.U. website) on the individual pages of the Client's web solution.
Unless otherwise agreed in writing, creatingfaces e.U. reserves the right to present projects commissioned by a Client and created by creatingfaces e.U. as a reference including a description on the creatingfaces e.U. homepage.
14. usage rights and license keys
Unless otherwise agreed in writing, creatingfaces e.U. grants the Client a simple and non-transferable right of use for the respective purpose after full payment of all services.
15. disclaimer
creatingfaces e.U. is not liable for damages related to the use of the services provided. Any liability for consequential damages is excluded. Furthermore, the Client is solely responsible for the content.
16. confidentiality
creatingfaces e.U. undertakes to maintain the confidentiality of all knowledge of business affairs as well as business and trade secrets provided by the Client for the provision of services. creatingfaces e.U. is entitled to process personal data of the Client entrusted to it within the framework of the business relationship and to reference projects - see point 13.
17. complaints and online dispute resolution
creatingfaces e.U. always strives for agreement with the customer. In case of a complaint, you can reach us at team@creatingfaces.at. Together we will find a solution to your satisfaction.
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr
The ODR platform is a point of contact for the out-of-court settlement of disputes arising from online services and purchasing processes. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
18. place of performance and jurisdiction
The place of performance is the registered office of creatingfaces e.U. (IT service company of Bernhard Müllauer). The court in whose jurisdiction the registered office of creatingfaces e.U. falls is responsible for legal disputes.
19. final provisions
All supplementary and special agreements or deviations from the above points require written form to be legally effective. If individual points of these GTC become invalid due to changes, the remaining provisions remain fully effective. The terms and conditions of a Client only apply if creatingfaces e.U. agrees to them in writing.