Terms and Conditions

Last updated: August 2026

General Terms and Conditions of FINK Brot Pixel GmbH, Fasangartengasse 1, 1130 Vienna, Austria (the “Contractor”).

These terms apply to contracts with businesses within the meaning of the Austrian Commercial Code (UGB). The Contractor offers its services exclusively to businesses; by placing an order, the client confirms that it is acting as a business.

If a contract is nevertheless concluded with a consumer, the mandatory provisions of the Austrian Consumer Protection Act (KSchG) and the Distance Selling Act (FAGG) take precedence over these terms. Conflicting clauses do not apply to that extent.

Deviating or supplementary terms of the client apply only if expressly accepted by the Contractor in writing. Silence in response to transmitted terms does not constitute consent.

The Contractor provides, in particular, the following services:

Consulting on data protection or accessibility is technical and conceptual in nature, reflects the state of the art and does not constitute legal advice.

Other services (e.g. print products, newsletter systems, complex web applications or third-party integrations) form part of the contract only if expressly agreed in writing. Changes and extensions require a separate agreement and are remunerated separately.

The client undertakes to provide all required content, data, credentials and information in good time, completely and in a suitable form; to ensure that provided content (logos, texts, images etc.) is free of third-party rights and may lawfully be used; and to grant necessary approvals without delay.

The Contractor may suspend work if required cooperation is not provided. Delays and resulting additional costs are borne by the client; agreed schedules and delivery dates shift accordingly.

The client indemnifies the Contractor against third-party claims based on provided content infringing third-party rights or being unlawful, where the client is responsible for this.

Change requests after the start of a project constitute additional services and are billed based on actual effort at the Contractor's applicable hourly rates. Agreed delivery and completion dates are extended accordingly.

The work is deemed accepted if the client does not give written notice of material defects within ten days of handover. Immaterial defects do not entitle the client to refuse acceptance. Productive use of the work by the client also constitutes acceptance.

Technical maintenance of the CMS (updates, security measures, upkeep) is provided only where hosting is supplied by the Contractor or its partners. With third-party hosting, the Contractor accepts no responsibility for security, availability or legal compliance outside its immediate sphere of control. Third-party interventions require written consent.

The Contractor sets up hosting for high availability and stability in line with the state of the art. A specific availability figure is owed only where expressly agreed in writing (service level agreement). Excluded are announced maintenance work, force majeure, network outages beyond the Contractor's control, and outages caused by third parties or the client. Brief interruptions during maintenance windows do not count as outages.

Unless expressly agreed in writing, the Contractor performs no data backups; the client is responsible for appropriate, regular backups.

SSL/TLS certificates are provided — where agreed — via the hosting provider. The Contractor is not liable for their availability, term or automatic renewal unless separately agreed. Third-party services (e.g. mail servers, external tools or interfaces) are outside the Contractor's responsibility.

All prices are in euros, net of statutory VAT.

In the event of late payment, statutory default interest (sec. 456 UGB) and reminder fees apply. The client may only set off undisputed or legally established claims. Until payment in full, all created documents, files and materials remain with the Contractor; clause 8 governs use during that period.

Upon payment in full, the client receives a Werknutzungsbewilligung for the agreed purpose in the work created (websites, designs, photographs, graphics etc.) — a non-exclusive licence under Austrian copyright law. An exclusive Werknutzungsrecht is granted only where expressly agreed in writing.

From handover until payment in full, use for the agreed purpose is permitted revocably, so that the work can already be put to productive use in that period.

Passing the work to third parties, and modification by third parties, require written consent. This does not cover ongoing upkeep of the client's own content in the editing area, including by third parties acting for the client (for the accessibility consequences see clause 9), nor the client's own further use of source files handed over, within the agreed purpose.

Source files (e.g. layout files, raw images) remain with the Contractor unless expressly agreed otherwise.

The Contractor may reference created work for self-promotion (website, social media, presentations, competitions) with attribution, unless expressly objected to in writing.

Where implementation against an accessibility standard is agreed (e.g. a specific WCAG version and conformance level), the owed conformance refers to the state at handover. The client is responsible for content and changes it adds itself or has added by third parties afterwards.

Assessing whether and to what extent the client is subject to statutory accessibility obligations (such as the Austrian Accessibility Act, BaFG) is the client's responsibility; the Contractor supports with technical implementation and documentation.

The Contractor may use AI-assisted software as a tool in providing its services. Results are professionally reviewed and accounted for regardless.

Confidential client information is not entered into external AI systems that use inputs for their own training purposes without the client's consent. No rights are granted to use work results or client content as training data for third-party AI models.

Both parties undertake to comply with applicable data protection law. The Contractor works data-minimally and documents its technical and organisational measures. Where the Contractor processes personal data on behalf of the client in the course of hosting or maintenance, this is done under a data processing agreement pursuant to Art. 28 GDPR.

The Contractor is liable without limitation for intent and gross negligence and for personal injury.

In cases of slight negligence, the Contractor is not liable for lost profit, indirect damage, consequential damage or data loss. In these cases, liability is capped at the amount the client paid to the Contractor in the year preceding the damaging event. Mandatory statutory liability provisions, in particular for personal injury and under the Product Liability Act, remain unaffected.

The client is responsible for regular, appropriate data backups unless the Contractor has expressly taken over data backup. For third-party services or content (e.g. external tools, plugins, hosting providers), the Contractor is liable only for its own fault.

Austrian law applies exclusively, excluding its 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 side agreements. Amendments to these terms require written form; email suffices. Should individual provisions be invalid, the remainder of the contract remains in force.