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General Terms and Conditions (GTC)

FINK Brot Pixel GmbH
Fasangartengasse 1
1130 Vienna, Austria

Represented by: Friederike & Jochen Zizka
webform@finkbrot.at

As of: September 2025

1. Scope of Application

These GTC apply exclusively to contracts with entrepreneurs within the meaning of the Austrian Commercial Code (Unternehmensgesetzbuch). Contracts with consumers will not be concluded.

Deviating or supplementary terms and conditions of the client shall only apply if expressly acknowledged in writing by the contractor. Silence in response to transmitted terms and conditions shall not be deemed acceptance.

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2. Scope of Services

The contractor provides, among others, the following services:

  • Creation and technical implementation of websites (focus on data-efficient structures, modern web development, SEO-optimized content, and clear site architecture)
  • Development and integration of search engine optimized texts
  • Technical support and hosting of websites (generally based on Kirby CMS)
  • Creation of graphic content, illustrations, and photography for web and corporate design
  • Consulting on data protection, GDPR-compliant web architecture, user guidance, and performance

Other services (e.g., print products, newsletters, complex web applications, third-party integrations such as Google or Meta) are not part of the contract unless expressly agreed in writing. Changes or extensions to services shall only be performed on the basis of a separate agreement and shall be subject to additional remuneration.

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3. Client’s Obligations / Duties of Cooperation

The client undertakes to:

  • provide all necessary content, data, access details, and information in a timely, complete, and suitable form,
  • ensure that the content provided (logos, texts, images, etc.) is free of third-party rights and may be used legally,
  • grant all necessary approvals without delay.

The contractor is entitled to suspend work if necessary cooperation by the client is lacking.
Delays and resulting additional costs shall be borne by the client. Schedules and delivery dates shall automatically be extended if the client fails to fulfill its duties of cooperation in a timely manner.

The client indemnifies the contractor against all third-party claims arising from the content provided.

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4. Service Changes / Change Requests

Requests for changes by the client after the start of the project shall be deemed additional services and will be invoiced based on actual effort at the contractor’s then-current hourly rates.

This will result in a corresponding extension of agreed delivery or completion deadlines.

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5. Acceptance / Project Handover

The work shall be deemed accepted if the client does not report material defects in writing within 10 days of delivery. Insignificant defects do not entitle the client to withhold acceptance. Use of the work by the client shall also be deemed acceptance.

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6. CMS and Hosting Conditions

Technical support (updates, security measures, maintenance) of the CMS shall only be provided if hosting is carried out by the contractor or its partners. In the case of third-party hosting, the contractor assumes no responsibility for security, availability, or compliance with legal requirements, insofar as these lie outside the contractor’s direct sphere of responsibility. Interventions by third parties require prior written approval.

The contractor ensures high availability and stability of hosting in accordance with market standards and the state of the art. Excluded from this are maintenance work (announced in advance), force majeure, network outages outside the contractor’s control, and failures caused by third parties or the client. Short-term interruptions during maintenance windows do not constitute downtime.

Unless expressly agreed otherwise in writing, the contractor does not perform data backups. The client is responsible for appropriate and regular data backups.

SSL certificates will – if agreed – be provided via the hosting provider. The contractor assumes no liability for the availability, term, or automatic renewal of such certificates, unless expressly agreed in writing as part of a separate management agreement.

Third-party services (e.g., mail servers, external services, or interfaces) are not within the contractor’s scope of responsibility.

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7. Payment and Prices

All prices are quoted in euros, net, plus statutory VAT.

a) Hosting and support
Flat fees according to the offer or service overview, payable annually in advance.

b) Project-based services (e.g., website, illustration)
30% deposit upon order placement, balance due upon acceptance (invoice payable within 7 days).

c) Ongoing services without hosting commitment (e.g., content, SEO, graphic maintenance)
Monthly billing in arrears on the basis of actual effort or flat fees, payable within 14 days net.

Additional provisions:

  • In the event of default in payment, statutory default interest as well as reminder fees shall be charged.
  • The client may only set off claims that are undisputed or have been finally determined by a court.
  • Until full payment has been received, all rights as well as all created documents, files, and materials remain the property of the contractor.

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  • Usage rights to created works (websites, designs, photographs, graphics, etc.) shall only pass to the client after full payment.
  • Such rights are simple, non-exclusive usage rights. Transfer or modification by third parties requires written consent.
  • Original files (e.g., layout files, raw images) remain the property of the contractor unless expressly agreed otherwise.
  • The contractor is entitled to refer to created works in self-promotion (website, social media, presentations, competitions) and to use them as references with a credit, unless expressly objected to in writing by the client.

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9. Data Protection and Confidentiality

Both parties undertake to comply with the applicable data protection regulations. The contractor works in a data-minimizing manner and documents its technical and organizational measures (TOMs). If the contractor processes personal data on behalf of the client in the context of hosting or support, this shall be done exclusively on the basis of a separate data processing agreement (pursuant to GDPR).

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10. Liability

  • The contractor shall only be liable for damages caused by gross negligence or intent.
  • Liability for lost profits, consequential damages, indirect damages, or data losses is excluded to the extent permitted by law.
  • The client is responsible for regular and adequate data backups.
  • No liability is assumed for third-party services or content (e.g., external tools, plugins, hosting providers).
  • The contractor’s liability is – to the extent permitted by law – limited in amount to the sum the client paid to the contractor in the year preceding the occurrence of the damage.

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11. Final Provisions

  • Austrian law shall apply exclusively, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
  • Place of performance and jurisdiction is Vienna.
  • There are no verbal side agreements. Amendments and additions to these GTC must be made in writing, including by email, to be valid.
  • Should individual provisions be invalid, the remainder of the contract shall remain valid.

webform@fink-brot.at

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