80seconds e.U., Triester Straße 16-20/3/33, 2334 Vösendorf, Austria
§1 Scope of Application
(1) These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts between 80seconds e.U., hereinafter referred to as the "Agency," and its customers, hereinafter referred to as the "Customer."
(2) Deviating, conflicting, or supplementary terms and conditions of the Customer shall only become part of the contract if the Agency expressly and in writing agrees to their validity.
(3) These GTC also apply to future contracts between the Agency and the Customer, provided their validity is agreed upon in the respective contracts.
(4) These GTC apply only insofar as the Customer is an entrepreneur within the meaning of the Austrian Consumer Protection Act (KSchG). If the Customer is a consumer, these GTC expressly do not apply.
§2 Conclusion of Contract and Scope of Services
(1) The Agency offers services in the fields of video production, animated videos, and online marketing.
(2) The Agency's offers are non-binding and constitute an invitation to submit an offer.
(3) The scope of contractual services results from the written offer of the Agency.
(4) The conclusion of the contract takes place as follows:
(5) Offer and acceptance must be made in writing.
(6) The order placement requires the signature of both contracting parties, whereby transmission of the scanned signature by e-mail is equally effective.
(7) Other modalities of contract conclusion, such as oral agreements, can be individually determined.
§3 Execution of Services
(1) The Agency is obligated to render its contractual services within the agreed time frame. In case of delays due to the Customer's lack of cooperation, the Agency reserves the right to extend the deadline for service provision accordingly. This also applies to other unforeseen events that impair the fulfillment of the contract and are not the fault of the Agency.
(2) The Agency may engage other companies or third parties to fulfill the contract. A separate contractual relationship between the Customer and subcontractor does not arise.
(3) If the Customer does not provide the required information and data within 14 days after the Agency's request, the Agency reserves the right to proceed with the order at its discretion without the required information and data.
(4) All services provided by the Agency must be reviewed by the Customer and approved within three business days of receipt. If not approved in a timely manner, they are considered approved by the Customer.
(5) The services offered by the Agency are not transferable to third parties.
(6) The Agency is entitled to use the Customer as a reference for business purposes in all media, including social media, the website, and sales materials, for a period of five years after the end of the contract. The Agency may also use the current logos and the name of the Customer. The Customer expressly agrees to the use of all related intellectual property and personal rights (including, but not limited to, copyrights, trademark rights, rights to one's own image) and will transfer this obligation to their legal successors and hold the Agency harmless and indemnified.
(7) The Customer is further obligated to examine the documents provided for the execution of the order for any copyright, trademark, sign, or other third-party rights and guarantees that the documents are free of third-party rights and can, therefore, be used for the intended purpose.
§4 Prices and Payment Terms
(1) All prices quoted are net prices and do not include the applicable statutory value-added tax.
(2) The Agency may request reasonable deposits or advance payments, in any case, at least 50% of the order value at the time the order is placed.
(3) Unless otherwise agreed, invoices are payable immediately upon receipt without deduction.
(4) Any advertising costs incurred, including but not limited to those under the Advertising Tax Act, will be billed separately and are not included in the offer. The Customer will be informed separately and must explicitly agree to the incurred costs.
(5) If the Customer is in arrears with payment of the fee or any portion thereof for more than 14 days, the Agency is entitled to charge business default interest at 9.2% above the base rate, as well as dunning fees of 10.00 EUR per reminder and reasonable costs of legal enforcement.
§5 Copyright and Usage Rights
(1) The Agency grants the Customer the usage rights to the created works necessary for the contractual purpose. All other rights, in particular the right to edit or transfer usage rights to third parties, remain with the Agency.
(2) The Customer is obligated to appropriately credit the Agency as the author of the created works. A violation of this right may result in claims for damages.
§6 Warranty and Liability
(1) The Agency is liable only for intent and gross negligence. In the case of slight negligence, the Agency is liable only for the breach of a material contractual obligation and for damages arising from injury to life, body, or health.
(2) The Agency is not liable for damages caused by the Customer or third parties. In particular, the Agency assumes no liability for illegal or incorrect content provided by the Customer.
§7 Confidentiality
(1) Both contracting parties undertake to treat all information received within the framework of the contractual relationship confidentially.
(2) This obligation continues after the termination of the contractual relationship.
§8 Miscellaneous
(1) Amendments or supplements to these GTC must be made in writing. This also applies to the waiver of the written form requirement.
(2) The invalidity or unenforceability of individual provisions of these GTC does not affect the validity of the remaining provisions.
(3) The law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods, applies. The place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of the Agency, provided the Customer is an entrepreneur.
§9 Data Protection
(1) The Agency and the Customer are obliged to comply with the provisions of the Data Protection Act (DSG), the General Data Protection Regulation (GDPR), and any other statutory confidentiality obligations.
(2) The Agency processes the Customer's personal data required for the fulfillment of the contract. Detailed data protection information (privacy notice) in accordance with Art 13 ff GDPR can be found on our website at: [https://80seconds.io/datenschutz/](https://80seconds.io/datenschutz/)
(3) The Customer is obliged to take all necessary data protection measures, in particular those in accordance with the GDPR, so that the Agency may process the personal data for the purpose of the contractual relationship.
§10 Severability Clause
Should one or more provisions of these GTC be invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the economic purpose of the invalid or unenforceable provision. The same applies in the event of a regulatory gap.
These General Terms and Conditions were last amended on August 13, 2024.