Terms and Conditions
for web design and web development services
Amine Kızılboğa — Studio A
Based on the General Terms and Conditions of the Austrian Federal Association UBIT of the WKO (2024 edition)
1. Scope and Validity
1.1. All orders and agreements are only legally binding if confirmed in writing by the contractor and are only binding to the extent specified in the order confirmation. The client’s purchasing conditions are hereby excluded for the present transaction and the entire business relationship. Offers are generally non-binding.
2. Services and Acceptance
2.1. The subject of an order may include:
- Creation of web design concepts and layouts
- Development and programming of websites
- Responsive design and adaptation for various devices
- Search engine optimisation (SEO)
- Content management system (CMS) setup and configuration
- Maintenance and support of existing websites
- Consulting on web presence, hosting and domains
- Other services in the area of web design and development
2.2. The development of individual web design concepts and websites is based on the information, documents and materials (texts, images, logos, etc.) provided in full by the client. The client shall provide these in a timely manner and at their own expense.
2.3. The basis for the creation of a website is the written service description or offer prepared by the contractor based on the information provided. This service description must be reviewed by the client for accuracy and completeness and confirmed accordingly. Subsequent change requests may lead to separate schedule and price agreements.
2.4. Individually created websites require acceptance by the client no later than four weeks after completion. If the client allows this period to pass without acceptance, the delivered work shall be deemed accepted. When the website is used in live operation (publication), the work shall in any case be deemed accepted.
Any defects, i.e. deviations from the written service description, must be reported to the contractor with sufficient documentation. The contractor shall endeavour to remedy such defects as quickly as possible. The client is not entitled to refuse acceptance due to minor defects.
2.5. The client must verify the legal admissibility of content they provide (texts, images, graphics, etc.), particularly regarding competition, trademark, copyright and administrative law. The contractor shall not be liable in cases of slight negligence for the legal admissibility of content provided by the client.
2.6. It is expressly noted that barrier-free design of the website in accordance with the Austrian Accessibility Act (BaFG) is not included in the offer unless separately requested by the client.
3. Prices, Taxes and Fees
3.1. All prices are quoted in euros. As a small business operator pursuant to § 6 para. 1 no. 27 UStG, no VAT is charged. Prices apply only to the present order and are quoted ex the contractor’s place of business.
3.2. For services (consulting, conception, programming, training, etc.), the work effort is charged at the rates valid on the day of service delivery, unless a fixed price has been agreed. Deviations from the estimated time expenditure that are not attributable to the contractor shall be charged based on actual effort.
3.3. Costs for third-party services (e.g. hosting, domains, stock photos, font licences) shall be invoiced separately and are to be borne by the client.
4. Delivery Schedule
4.1. The contractor shall endeavour to meet the agreed deadlines as closely as possible.
4.2. The targeted deadlines can only be met if the client provides all necessary documents, materials and approvals in a timely manner and fulfils their duty to cooperate. Delivery delays caused by incorrect, incomplete or subsequently changed information are not attributable to the contractor.
4.3. For orders comprising multiple deliverables, the contractor is entitled to make partial deliveries and issue partial invoices.
5. Payment
5.1. Invoices are due for payment within 14 days of receipt without any deduction.
5.2. For larger projects, the contractor is entitled to require an advance payment of up to 50% of the order value before project commencement.
5.3. Compliance with the agreed payment deadlines is an essential condition for the provision of services. In the event of late payment, statutory default interest for commercial transactions shall be charged.
5.4. The client is not entitled to withhold payments due to incomplete overall delivery, warranty claims or complaints.
6. Copyright and Usage
6.1. Upon full payment of the agreed fee, the contractor grants the client a non-exclusive, non-transferable and perpetual right to use the created website and related work results for their own use. All other rights remain with the contractor.
6.2. The client’s participation in the creation process does not confer any rights beyond the contractually agreed use. Any infringement of the contractor’s copyright shall give rise to claims for damages.
6.3. Where third-party software or licences are provided to the client (e.g. CMS, plugins, font licences), the usage is governed by the licence terms of the respective manufacturer.
6.4. The contractor is entitled to place a discreet credit on the created website (e.g. “Design by Studio A”), unless otherwise agreed.
7. Right of Withdrawal
7.1. In the event that an agreed delivery deadline is exceeded solely due to the fault of the contractor, the client is entitled to withdraw from the order if the agreed service is not delivered in substantial parts even within a reasonable grace period.
7.2. Force majeure and other circumstances beyond the contractor’s control shall release the contractor from the delivery obligation or permit a rescheduling of the agreed delivery date.
7.3. Cancellations by the client are only possible with the written consent of the contractor. In the event of an agreed cancellation, the contractor is entitled to charge, in addition to services already rendered and costs incurred, a cancellation fee of 30% of the outstanding order value.
8. Warranty, Maintenance, Modifications
8.1. The contractor warrants that the created website fulfils the functions agreed upon in the service description.
8.2. In the event of warranty claims, repair shall in any case take precedence over price reduction or termination of the contract. Justified defects shall be remedied within a reasonable period.
8.3. Costs for error diagnosis and rectification attributable to the client (e.g. due to their own changes to the website or third-party interventions) shall be invoiced separately.
8.4. The contractor assumes no warranty for errors, malfunctions or damages resulting from improper use, modified system components of the hosting provider, or interventions by the client or third parties.
8.5. The warranty period is six (6) months from handover. Maintenance and ongoing support of the website after expiry of the warranty must be agreed separately.
9. Liability
9.1. The contractor shall only be liable for demonstrably caused damages in cases of gross negligence. In the case of personal injury caused by fault, liability is unlimited.
9.2. Liability for indirect damages — such as lost profits, costs associated with business interruption, data loss or third-party claims — is expressly excluded.
9.3. Claims for damages shall become time-barred no later than one year after knowledge of the damage and the party causing it.
10. Data Protection and Confidentiality
10.1. The contractor undertakes to treat all business and trade secrets disclosed in connection with the order as confidential.
10.2. Insofar as personal data is processed in the course of the order, this shall be done in compliance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). For details, please refer to the Privacy Policy.
11. Final Provisions
11.1. Austrian law shall apply exclusively. For any disputes, the local jurisdiction of the competent court at the contractor’s place of business (Bregenz, Austria) is agreed.
11.2. Should individual provisions of this contract be or become invalid, the remaining content shall not be affected. The invalid provision shall be replaced by a valid regulation that comes closest to the intended purpose.
11.3. Amendments and additions to these terms and conditions require written form.
As of March 2026 — based on the model terms of the Austrian Federal Association UBIT of the WKO, 2024 edition.