TERMS OF SERVICE
 

The Peitler advertising agency, nico.peitler@peitler-werbeagentur.net

1. Validity, conclusion of contract
1.1 The Peitler advertising agency (hereinafter "Agency") renders its services
exclusively on the basis of the following general terms and conditions
(CONDITIONS). These apply to all legal relationships between the agency and the customer,
even if not expressly referred to. The terms and conditions are
exclusively applicable to legal relationships with entrepreneurs, i.e. B2B.
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, even if known, are not
accepted, unless otherwise expressly agreed in writing in individual cases
becomes. The agency expressly contradicts the customer's terms and conditions. Another
Objection to the customer's terms and conditions 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 amended GTC in writing within 14 days; on
the meaning of the silence as well as to the specifically changed clauses
Customer expressly pointed out in the communication. This fiction of consent applies
not for changing essential service content and fees.
1.5 Should individual provisions of these General Terms and Conditions be ineffective
be, this affects the binding nature of the remaining provisions and those under it
contracts concluded as a basis. The invalid provision is through
to replace 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
The agency expressly points out to the customer before placing the order that the
Providers of "social media channels" (e.g. Facebook, hereinafter referred to as: provider) es
reserve the right in their Terms of Use to opt out of advertisements and appearances
refuse or remove for any reason. The providers are therefore not
obliged to forward content and information to users. It therefore exists
the risk, which cannot be calculated by the agency, that advertisements and appearances
be removed without reason. In the event of a complaint from another user,
granted by the providers the possibility of a counter-notification, but takes place

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in this case, too, an immediate removal of the content. The recovery of
original, lawful condition may take some time in this case
take. The agency works on the basis of these terms of use
Providers over which it has no influence and also submits these to the customer's order
to reason. By placing the order, the customer expressly acknowledges that these
Terms of Use the rights and obligations of any contractual relationship
(participate. The agency intends to fulfill the client's order to the best of its ability
To carry out knowledge and conscience and the guidelines of "social media channels"
to comply with Due to the currently valid terms of use and the simple
Opportunity for each user to claim violations of rights and thus have the
However, the agency cannot guarantee that the commissioned
Campaign can also be called up at any time.

3. Protection of concepts and ideas
If the potential customer has already invited the agency in advance to submit a concept
create, and does the agency come up with this invitation before the end of the
According to the main contract, the following regulation applies:
3.1 Already by the invitation and the acceptance of the invitation by the agency
the potential customer and the agency enter into a contractual relationship ("pitching contract").
This contract is also based on the General Terms and Conditions.
3.2 The potential customer acknowledges that the agency has already started developing the concept
provides cost-intensive preliminary work, although he himself has no performance obligations
take over.
3.3 The concept is subordinate in its linguistic and graphic parts, insofar as these
Reach work height, the protection of copyright law. A use and
Editing of these parts without the consent of the agency is the potential customer
not permitted due to copyright law.
3.4 The concept also contains advertising-related ideas that do not work
reach and thus do not enjoy the protection of copyright law. This
Ideas are at the beginning of every creative process and can act as a spark
everything produced later and thus as the origin of marketing strategy
To be defined. Therefore, those elements of the concept that are peculiar are protected
and give the marketing strategy its characteristic character. As an idea in
For the purpose of this agreement, advertising keywords, advertising texts,
Graphics and illustrations, advertising materials, etc. are viewed even if they are not
reach work height.

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3.5 The potential customer undertakes to refrain from asking the agency im
Within the framework of the concept, creative advertising ideas were presented outside of the corrective
commercial use of a main contract to be concluded at a later date or
to have exploited or to use or to have used.
3.6 If the potential customer believes that the agency has given him ideas
were presented, which he had already come up with before the presentation, he has
notify the agency of this by email within 14 days of the day of the presentation
Citation of evidence that allows a chronological attribution known to
give.
3.7 In the opposite case, the contracting parties assume that the agency dem
presented potential customers with an idea that was new to him. If the idea comes from the customer
used, it can be assumed that the agency was meritorious.
3.8 The potential customer can withdraw from his obligations from this point
payment of reasonable compensation plus 20% sales tax. the
Exemption only occurs after full payment of the compensation has been received by the
agency one.

4. Scope of services, order processing and the customer's obligation to cooperate
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
the briefing protocol (“offer documents”), if any. Subsequent changes
of the service content require written confirmation by the agency.
The fulfillment of the order is within the framework specified by the customer
Freedom of design of the agency.
4.2 All agency services (in particular all preliminary drafts, sketches, final artwork,
Brush proofs, blueprints, copies, color proofs and electronic files) are dated
Customer to review and from him within three working days of receipt by the customer
to release. After this period has elapsed without feedback from the customer, they apply
as approved by the customer.
4.3 The customer shall provide the agency with all information and in a timely manner
Make documents accessible that are necessary for the provision of the service. He
will inform them of all circumstances necessary for the execution of the order
are important, even if they are only known during the execution of the order
will. The customer bears the expense that arises from the fact that work is carried out as a result
his incorrect, incomplete or subsequently changed information from the
Agency need to be repeated or delayed.

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4.4 The customer is also obliged to provide for the execution of the order
provided documents (photos, logos, etc.) for any copyright, trademark,
to check trademark rights or other rights of third parties (rights clearing) and
guarantees that the documents are free of third-party rights and therefore for the
intended purpose can be used. The agency is solely liable in the event
slight negligence or after fulfilling their duty to warn - at least in
Internal relationship with the customer - not because of an infringement of such rights of third parties
through the documents provided. Will the agency because of such
Infringement claimed by a third party, the customer holds the
Agency indemnified and held harmless; he has to compensate her for all the disadvantages that her through
a claim by third parties arise, in particular the costs of a reasonable
legal representation. The customer undertakes to support the agency in defending against
to support any third-party claims. The customer provides the agency for this
all documents available without being asked.

5. External services / commissioning third parties
5.1 The Agency is entitled, at its own discretion, to carry out the service itself
in the provision of contractual services as a competent third party
to serve vicarious agents and/or to substitute such services
("External Service").
5.2 The commissioning of third parties in the context of an external service takes place either in
own name or on behalf of the customer, the latter after prior information
The customers. The agency will carefully select this third party and ensure that
that he has the necessary professional qualifications.
5.3 In obligations to third parties that have been made known to the customer and
which go beyond the contract period, the customer has to enter. That's true
expressly also in the event of termination of the agency contract for good cause.

6. Appointments
6.1 Specified delivery or service deadlines apply unless expressly stated
agreed to be binding, only as approximate and non-binding. binding
Appointments are to be recorded in writing or by the agency in writing
confirm.
6.2 If the agency's delivery/service is delayed for reasons beyond its control
has represented, such as events of force majeure and other unforeseeable
events that cannot be avoided by reasonable means, the performance obligations are suspended

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for the duration and scope of the hindrance and the deadlines are extended
corresponding. If such delays last more than two months, the
Customer and the agency entitled to withdraw from the contract.
6.3 If the agency is in default, the customer can only withdraw from the contract
after giving the agency a reasonable grace period of at least 14 days in writing
has set and this has expired fruitlessly. Customer claims for damages
due to non-performance or default are excluded, except in the case of proof of
intent or gross negligence.

7. Early Dissolution
7.1 The agency is entitled to terminate the contract for important reasons with immediate effect
to dissolve. An important reason exists in particular if
a) the performance of the service is impossible for reasons for which the customer is responsible
is or is further delayed despite a grace period of 14 days;
b) the customer continues, despite a written warning with a grace period of 14
days, against essential obligations under this contract, such as payment of a
amount due or obligations to cooperate.
c) there are legitimate concerns about the creditworthiness of the customer and
The agency does not request any advance payments or before the agency performs
provide suitable security;
7.2 The customer is entitled to terminate the contract for important reasons without setting a grace period
to dissolve. An important reason exists in particular if the agency
continued, despite a written warning with a reasonable period of grace
at least 14 days to remedy the breach of contract against essential
breaches the provisions of this contract.

8. Fee
8.1 Unless otherwise agreed, the agency's fee claim arises for each
individual service as soon as it has been rendered. The agency is entitled to cover
to demand advance payments for their expenses. From an order volume with a
(annual) budget of € 500,--, or those spread over a longer period of time
the agency is entitled to issue interim invoices or advance invoices
to create or retrieve payments on account.
8.2 The fee is a net fee plus statutory sales tax
Height. In the absence of an agreement in individual cases, the agency is responsible for the services rendered

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and the transfer of copyright and trademark rights of use
for a fee at the usual market rate.
8.3 All agency services not expressly covered by the agreed fee
are compensated will be remunerated separately. All of the agency's adult
Cash expenses are to be reimbursed by the customer.
8.4 Cost estimates from the agency are non-binding. When it is foreseeable that the
actual costs exceed those estimated in writing by the agency by more than 15%
exceed, the agency will point out the higher costs to the customer. the
Cost overruns are deemed to have been approved by the customer if the customer does not respond within three
working days after this notice in writing and at the same time
less expensive alternatives announced. Is it a
A separate agreement is not required for cost overruns of up to 15%.
This cost estimate is exceeded by the client from the outset
approved.
8.5 If the customer commissioned work without involving the agency -
without prejudice to other ongoing support by them - unilaterally changes or
cancels, he has to pay the agency the services rendered up to that point in accordance with the
to pay the fee agreement and reimburse all costs incurred. If the
Cancellation not due to a grossly negligent or intentional breach of duty
Agency is justified, the customer of the agency also has the entire for
to reimburse the agreed fee (commission) for this order, whereby the
Compensation of the § 1168 AGBG is excluded. Next is the agency
with regard to any claims by third parties, in particular by contractors of the agency,
to indemnify and hold harmless. With the payment of the fee, the customer acquires
no rights of use for work already performed; unexecuted concepts,
Drafts and other documents are to be sent to the agency immediately
to postpone.

9. Payment, retention of title
9.1 The fee is due for payment immediately upon receipt of the invoice and without deduction, provided that
special terms of payment are not agreed in writing in individual cases. This
also applies to the further settlement of all cash expenses and others
Expenditure. The goods delivered by the agency remain until complete
Payment of the fee including all ancillary liabilities owned by
Agency.
9.2 If the customer is in arrears with payment, the statutory interest on arrears shall apply
Entrepreneurial transactions applicable amount. Furthermore, the customer undertakes in the event

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of the delay in payment, the agency the resulting reminder and collection fees, insofar as they
are necessary for appropriate legal prosecution. this includes
in any case, the costs of two reminder letters at the current market rate
at least € 20.00 per reminder and a reminder with the collection
commissioned lawyer. The assertion of further rights and
Claims remain unaffected.
9.3 If the customer defaults in payment, the agency can
other contracts concluded with the customer, services rendered and
Make partial services due immediately.
9.4 Furthermore, the agency is not obliged to provide further services until the settlement of the
outstanding amount (right of retention). The obligation to
Payment of fees remains unaffected.
9.5 If payment in installments has been agreed, the agency reserves the right in the event of
untimely payment of partial amounts or ancillary claims,
to demand immediate payment of the entire outstanding debt (loss of deadline).
9.6 The customer is not entitled to use his own claims against claims of the
set off the agency, unless the customer's claim has been settled by the agency
recognized in writing or established by a court.

10. Ownership and Copyright
10.1 All agency services, including those from presentations (e.g. suggestions,
ideas, sketches, preliminary drafts, scribbles, final artwork, concepts, negatives, slides)
also individual parts from it remain, just like the individual workpieces and
Design originals are owned by the agency and can be revoked by the agency at any time -
particularly upon termination of the contractual relationship - can be reclaimed. Of the
By paying the fee, the customer acquires the right to use the agreed
Purpose of use. Unless otherwise agreed, the customer may
However, only use the agency's services in Austria. The acquisition of
In any case, the rights of use and exploitation of the agency's services shall apply
full payment of the fees charged by the agency for this
ahead. If the customer uses the services of the agency before this point in time,
this use is based on a loan relationship that can be revoked at any time.
10.2 Changes or processing of the agency's services, such as in particular their
Further development by the customer or by third parties working for him are only possible with
express consent of the agency and - insofar as the services are subject to copyright
are protected - by the author. The release of all "open files"

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is expressly not part of the contract. The agency is not available
obligation to release. Ie without contractual assignment of the rights of use also for
The client has no legal claim to "electronic work".
10.3 For the use of agency services in excess of those originally agreed
Purpose and scope of use goes beyond - regardless of whether this service
is copyrighted - agency approval required. stands for that
the agency and the author are entitled to separate appropriate remuneration.
10.4 For the use of agency services or advertising material for which the agency
has developed conceptual or design templates is after the end of the
agency contract, regardless of whether this service is protected by copyright
or not, the consent of the agency is also necessary.
10.5 The agency is responsible for uses in accordance with paragraph 4 for the first year after the end of the contract
entitled to the full agency remuneration agreed in the expired contract. in the 2nd
or 3rd year after the end of the contract only half or a quarter of the
contractually agreed remuneration. From the 4th year after the end of the contract there is no
agency fee to pay more.
10.6 The customer is liable to the agency for any unlawful use in double the amount
reasonable fee for this use.

11. Marking
11.1 The agency is entitled to appear on all advertising material and in all advertising measures
to point out the agency and possibly the author, without the customer being responsible for this
there is a claim for payment.
11.2 Subject to the written revocation of the
Customers are entitled to use their own advertising media and in particular on their Internet
Website with name and company logo on the existing or former customer
indicate the business relationship (reference note).

12. Warranty
12.1 The customer must report any defects immediately, at least within eight days
Delivery/service by the agency, hidden defects within eight days after
recognition of the same, to be reported in writing with a description of the defect; otherwise
the service is considered approved. In this case, the assertion of
Warranty and damage claims as well as the right to contest errors
excluded due to defects.

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12.2 In the case of justified and timely notification of defects, the customer has the right
improvement or replacement of the delivery/service by the agency. The Agency
will rectify the defects within a reasonable period of time, whereby the customer of the agency all
Investigation and rectification of defects enables necessary measures. 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
In this case, the customer is entitled to the statutory conversion or reduction rights. In the case
improvement, it is up to the client to transmit the defective ones
(physical) thing to carry out at his expense.
12.3 It is also the client's responsibility to check the service for its legal,
in particular competition, trademark, copyright and administrative admissibility
to perform. The agency is only responsible for a rough check of legal admissibility
obligated. The agency is liable in the event of slight negligence or after performance
a possible obligation to warn the customer does not constitute legal admissibility
of content when specified or approved by the customer.
12.4 The warranty period is six months from delivery/service. The right to
Recourse against the agency according to § 933b paragraph 1 AGBG expires one year later
delivery/service. The customer is not entitled to payments because of complaints
to hold back. The presumption of § 924 AGBG is excluded.

13. Liability and Product Liability
13.1 In cases of slight negligence, the agency and its employees are not liable
contractors or other vicarious agents ("people") for material or
Financial losses of the customer are excluded, regardless of whether they are direct
or indirect damage, loss of profit or consequential damage, damage
due to delay, impossibility, positive breach of contract, fault
conclusion of contract, due to defective or incomplete performance. That
The injured party has to prove the existence of gross negligence. So far the
If the agency's liability is excluded or limited, this also applies to the
personal liability of their "people".
13.2 Any liability of the Agency for claims arising from the Agency
service rendered (e.g. advertising measure) will be raised against the customer
expressly excluded if the agency has fulfilled its duty to inform
or such was not recognizable to them, whereby slight negligence does not harm.
In particular, the agency is not liable for legal costs, own legal fees of the
Customers or costs of judgment publications as well as for any

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Claims for damages or other claims by third parties; the customer has the agency
indemnified and held harmless in this regard.
13.3 Claims for damages by the customer expire six months after becoming aware 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.
14. Governing Law
The contract and all mutual rights and obligations derived from it as well
Claims between the agency and the customer are subject to the Austrian
substantive law to the exclusion of its referral norms and to the exclusion of
UN sales law.

15. Place of Performance and Jurisdiction
15.1 The place of fulfillment is the registered office of the agency. When shipping, the risk passes to the customer,
as soon as the agency delivers the goods to the carrier chosen by it
handed over.
15.2 As place of jurisdiction for all arising between the agency and the customer
Legal disputes in connection with this contractual relationship will be
The competent court for the seat of the agency is agreed. Regardless, the
Agency entitled to sue the customer at his general place of jurisdiction.
15.3 Insofar as designations in this contract relating to natural persons are only
are given in the masculine form, they refer equally to women and men
Way. When applying the designation to specific natural persons, the
to use a gender-specific form.

confirmation
With his signature, the customer confirms that he has read and understood the General Terms and Conditions
that if an order is placed, these rules form the basis of the contractual relationship.

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