Terms & Conditions

 

Status: May 2021

 

 

DIA Interactive e.U.
Landstraßer Hauptstraße 2, M2.01.31
1030 Vienna, Austria

 

 

1. Subject

 

1.1. The present General Terms and Conditions (GTC) regulate the contractual relationships between DIA Interactive eU (hereinafter referred to as the contractor) and its customers (hereinafter referred to as the "customers"), provided that no deviating agreements are made. These general terms and conditions are only applicable to corporate customers.

 

1.2. Subsidiary agreements, reservations, changes or additions to these terms and conditions must be made in writing to be valid. This also applies to deviations from the written form requirement. The client declares that he had the opportunity to take note of the content of these terms and conditions before the conclusion of the contract and that he agrees with their content. The contractor reserves the right to change these terms and conditions at any time for future contracts. The currently valid version of the General Terms and Conditions will be published with a version note on the contractor's website.

 

2. Scope of services

 

2.1. The subject of an order can be:

• Indoor and outdoor visualizations for print and web

• Production of animated video

• Production of 360 ° online tours for the web

• Production of virtual tour for web

• Production of virtual reality as software

• Production of sales folders

• Websites

• other services

 

2.2. The elaboration of the agreed services, in particular visualizations, takes place according to the type and scope of the information, documents and other aids (floor plans, sections, construction and equipment description, existing visualizations, photos, videos, music, fonts, sales documents, made available by the client in full and in good time) , Guidelines for corporate design, etc.).

 

2.3. The basis for the creation of all services is the written description of services (including offer, order confirmation), which the contractor elaborates against possible reimbursement of costs on the basis of the documents and information made available to him or which the client makes available. The service description must be checked by the client for correctness and completeness and provided with his express consent.

 

3. Offer and conclusion of contract

 

3 .1. The basis for the conclusion of the contract is the respective offer, in which the description of services and the remuneration are recorded. The contractor's offers are subject to change and non-binding.

 

3.2. All orders and agreements are only binding if they are signed by the contractor in writing and in accordance with the company and only oblige the contractor to the extent specified in the order confirmation. Does the contractor's written order confirmation contain changes

in relation to the order (supplementary order confirmation), these additions are deemed to have been approved by the client, unless the client contradicts them immediately.

 

3.3. With the receipt of the offer, the client accepts the general terms and conditions.

 

4. Remuneration and terms of payment

 

4.1. All prices are in euros and do not include sales tax.

The prices are only valid for the present order. The prices quoted are from the contractor's place of business or office. Travel costs, transport costs and any contract fees will be invoiced separately. Travel times are counted as working time.

 

4.2. If an order is placed without a prior offer or if services are carried out that were not expressly included in the order, the contractor can claim the remuneration that corresponds to his price list or his usual remuneration.

 

4.3. If it turns out during the execution of the order that additional services are to be carried out which are not expressly included in the order, the client commissions the contractor with the provision of these services. The contractor is entitled to additionally invoice an appropriate fee for this.

 

4.4. The invoices submitted by the contractor including sales tax are payable no later than 14 days from receipt of the invoice without any deduction and free of charge. For partial invoices, the terms of payment specified for the entire order apply analogously.

 

4.5. In the case of orders that include several units or types of service, the contractor is entitled to invoice each individual unit or service after delivery. Payments by the client are only deemed to have been made when they are received on the contractor's business account.

 

4.6. Compliance with the agreed payment dates is an essential condition for the execution of the delivery or the fulfillment of the contract by the contractor. Failure to comply with the agreed payments entitles the contractor to suspend ongoing work and withdraw from the contract. All associated costs as well as the loss of profit are to be borne by the client.

 

4.7. In the event of default in payment, default interest of 12% pa will be charged. If two installments are not adhered to in the case of partial payments, the contractor is entitled to allow the deadline to come into effect and to make accepted acceptances due.

 

4.8. In the event of default in payment, the client undertakes to reimburse the contractor for the reminder and collection charges incurred, insofar as they are necessary for appropriate legal prosecution. In any case, this includes the costs of a letter of reminder in the amount customary in the market as well as the costs of a lawyer commissioned with the collection. The assertion of further rights and claims remains unaffected.

 

4.9. The client is not entitled to withhold payments due to incomplete total delivery, guarantee or warranty claims or complaints.

 

4.10. The client is not entitled to offset his own claims against claims of the contractor, unless the claim of the client has been recognized by the contractor in writing or has been determined by a court.

 

4.11. The contractor is entitled to check the client's creditworthiness using the generally accepted means. If there are doubts about the client's creditworthiness or if the client's financial circumstances deteriorate significantly, the contractor is entitled to revoke payment terms and only make further deliveries against prepayment or cash on delivery.

 

4.12. The client must immediately notify the contractor of any bankruptcy or insolvency proceedings.

 

5. Delivery and service deadlines, testing

 

5.1. Delivery and service deadlines are non-binding, unless they have been expressly agreed as such in the order confirmation or in the contract. Otherwise, the contractor must provide the services within a reasonable period of time.

 

5.2. The desired fulfillment dates can only be met if the client has completed all necessary work and documents on the dates specified by the contractor, in particular the service description accepted by him in accordance with point 3.1. makes available and fulfills his obligation to cooperate to the required extent.

 

5.3. Unless otherwise agreed, the delivery period begins at the earliest on the date of the order confirmation, the date on which all obligations incumbent on the client are fulfilled or the date on which the contractor receives an agreed down payment.

 

5.4. The contractor is not responsible for delays in delivery and cost increases caused by incorrect, incomplete or subsequently changed details and information or documents made available and cannot result in the contractor being in default. The client bears any resulting additional costs.

 

5.5. In the case of orders that comprise several units, the contractor is entitled to make partial deliveries or to issue partial invoices.

 

5.6. The services rendered and delivered by the contractor, in particular visualizations, require an examination and acceptance by the client. The inspection and acceptance of the service must be carried out by the customer no later than eight (8) days from the delivery of the contractor to the customer. The client checks the visualization for correctness and completeness on the basis of the documents provided and accepted by the contractor.

If the client allows the period of eight (8) days to pass without express written correction or acceptance, the delivered service is deemed to have been accepted.

 

6. Warranty, maintenance and changes

 

6.1. The client must report any corrections and defects immediately, in any case within eight (8) days after delivery / service by the contractor, hidden defects within eight (8) days after detection , in writing with a description of the defect; otherwise the service is considered approved. In this case, the assertion of warranty claims and claims for damages as well as the right to avoid errors due to defects are excluded.

 

6.2. In the event of a justified and timely notification of defects, the client has the right to improve or exchange the delivery / service by the contractor, who must carry out the corrections and remedial measures within a reasonable period. Insignificant deviations do not justify any warranty claims.

 

6.3. In the case of justified and timely notification of defects, the client has the right to improve or replace the delivery / service by the contractor. The contractor will remedy the defects within a reasonable period of time, whereby the client enables the contractor to take all measures necessary to investigate and remedy the defect. The contractor is entitled to refuse to improve the service if this is impossible or involves a disproportionately high effort for the contractor. In this case, the client is entitled to the statutory conversion or reduction rights. In the event of improvement, it is the responsibility of the client to transfer the defective (physical) item at his own expense.

 

6.4. It is also the responsibility of the client to check the performance for its legal, in particular competition, trademark, copyright and administrative permissibility. The contractor is only obliged to carry out a rough check of the legal admissibility. In the event of slight negligence or after fulfilling a possible warning obligation to the client, the contractor is not liable for the legal admissibility of content if this has been specified or approved by the client.

 

6.5. Warranty claims do not exist if the client independently makes changes to the work.

 

6.6. In the case of a guarantee, improvement has priority over price reduction or conversion. If the notification of defects is justified, the defects will be remedied within a reasonable period of time, whereby the client enables the contractor to take all measures necessary to investigate and remedy the defects.

The presumption of deficiency according to § 924 ABGB is excluded.

 

6.7. Assistance, misdiagnosis as well as error and malfunction elimination, which were necessary for reasons for which the client is responsible, as well as other corrections, changes and additions will be carried out by the contractor for a fee. This also applies to the rectification of defects if program changes, additions or other interventions in the service (software) have been made by the client himself or by a third party.

 

6.8. Furthermore, the contractor assumes no liability for services (software) in the event of errors, malfunctions or damage due to improper operation, changed operating system components, interfaces and parameters, use of unsuitable organizational means and data carriers, insofar as these are prescribed, abnormal operating conditions (in particular deviations from the installation and storage conditions) as well as damage in transit.

 

6.9. For services (software) that are subsequently changed by the customer's own programmers or graphic designers or third parties, any warranty by the contractor does not apply.

 

6.10. Insofar as the subject of the order is the change or addition to an already existing service (software), the warranty relates to the change or addition. The guarantee for the original performance (software) is not revived.

 

7. Right of withdrawal

 

7.1. In the event that an agreed delivery time is exceeded due to sole negligence or illegal action on the part of the contractor, the client is entitled to withdraw from the order in question by means of a registered letter, even if the agreed service is not provided in substantial parts within the reasonable grace period and the client is not at fault meets.

 

7.2. Force majeure, labor disputes, natural disasters and transport bans as well as other circumstances that are beyond the control of the contractor release the contractor from the delivery obligation or allow him to redefine the agreed delivery time.

 

7.3. Cancellations of the order by the client are only possible with the written consent of the contractor. If the contractor agrees to the cancellation, he is entitled to invoice the services provided and the costs incurred as well as a cancellation fee of 30% of the not yet invoiced order value of the overall project.

 

8. Ownership, Copyright and Usage Rights

 

8.1. According to the Copyright Act §23 (3), copyright is non-transferable and therefore remains the property of the contractor.

 

8.2. After payment of the agreed fee, the contractor grants the client a non-exclusive, non-transferable, non-sublicensable and unlimited right to use the services for the purpose agreed in the contract in unchanged form. All other rights remain with the contractor.

 

8.3. The contractor reserves the right to use the created service, in particular visualization, for advertising purposes in its own right. The client can only refuse consent if it is opposed to legitimate overriding interests. These terms and conditions are also to be applied to a “pitching contract”; in particular, the copyright protection also includes concepts and other preparatory work already developed by the contractor.

 

8.4. Furthermore, subject to a separate agreement, the client is obliged to make a visible copyright notice on the publication of the photos whether the contractor is visible. The contractor is entitled to ownership of the 3D data model.

 

8.5. The client is permitted to make copies for archiving and data backup purposes on the condition that the visualization does not contain an express prohibition by the licensor or third parties and that all copyright and proprietary notices in these copies are transferred unchanged.

 

8.6. Unless a separate agreement is made, the client will not be assigned any further rights to visualizations.

 

9. Data protection, confidentiality, consent, labeling

 

9.1. The contractor obliges his employees to comply with the provisions of Section 15 of the Data Protection Act.

 

9.2. The contractor assumes no liability for data, content and media on web hosting accounts of clients and clients on our servers.

 

9.3. The subcontractors associated with the contractor are not considered third parties insofar as they are subject to a confidentiality obligation corresponding to this point.

 

9.4. The client agrees that his personal data, namely name / company, occupation, date of birth, commercial register number, powers of representation, contact person, business address and other addresses of the client, telephone number, fax number, e-mail address, bank details, credit card details, UID number) for the purpose of fulfilling the contract and supporting the client as well as for our own advertising purposes, e.g. for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of indicating the existing or previous business relationship with the client (reference), stored and processed.

 

9.5. The client consents to electronic mail being sent to him for advertising purposes until further notice. This consent can be revoked at any time in writing by e-mail, fax or letter to the contact details listed in the head of the General Terms and Conditions.

 

9.6. The contractor is entitled to refer to the contractor and, if necessary, to the author on all advertising material and in all advertising measures, without the client being entitled to any remuneration.

 

9.7. Subject to the written revocation of the customer, which is possible at any time, the contractor is entitled to refer to the existing or previous business relationship with the customer on its own advertising media and in particular on its Internet website with the name and company logo (reference note).

 

9.8. In any case, according to § 26 UrhG, the contractor retains the right to use images of the works / products and visualizations designed by him for the purpose of self-promotion (promotion) in printed form or to make them available on the worldwide Internet for this purpose.

 

10. Other

 

10.1. In the event that individual provisions of the General Terms and Conditions should become ineffective, this does not affect the effectiveness of the remaining provisions. The contracting parties will work together in partnership to find a regulation that is as close as possible to the ineffective provisions

comes.

 

10.2. The contractor is entitled to use third parties in whole or in part to fulfill his obligations.