Terms and Conditions

1. General Provisions & Scope

These terms and conditions apply exclusively to all business between the customer and MOREMEDIA®. Conflicting or deviating terms and conditions of the customer are only effective if they are expressly acknowledged by MOREMEDIA® in writing. Agreements deviating from or supplementing these terms and conditions require at least text form (email is sufficient).

These terms and conditions apply to contracts with entrepreneurs within the meaning of the Austrian Commercial Code (UGB). With respect to consumers within the meaning of the Austrian Consumer Protection Act (KSchG), they apply only to the extent that they do not conflict with mandatory consumer protection provisions – in particular those of the KSchG and the Austrian Distance and Off-Premises Transactions Act (FAGG); in such cases, the statutory provisions prevail.

Should individual provisions of these terms and conditions be invalid, this shall not affect the binding nature of the remaining provisions or of contracts concluded on their basis. The invalid provision shall be replaced by a valid one that comes closest to its meaning and purpose.

2. Conclusion of Contract

MOREMEDIA®'s offers are non-binding. Orders placed by the customer are only deemed accepted upon order confirmation by MOREMEDIA® (in written or text form), unless MOREMEDIA® indicates that the order has been accepted – for example, by commencing work on the basis of the order.

3. Services and Fees

The exact scope of services results from the respective offer, the order, a requirements specification, or another agreement between MOREMEDIA® and the customer. Unless otherwise agreed, MOREMEDIA®'s entitlement to remuneration arises for each individual service as soon as it has been rendered.

Depending on the agreement, MOREMEDIA® invoices either at a fixed price or based on actual effort (agreed hourly rate). If media services (e.g. the placement of advertising) are handled via MOREMEDIA®, a separate agency fee of 15% of the net media volume handled via MOREMEDIA® may be agreed for this.

All services provided by MOREMEDIA® that are not expressly covered by the agreed fee shall be remunerated separately; this applies in particular to ancillary services. All cash expenses incurred by MOREMEDIA® that go beyond ordinary business operations (e.g. courier services, exceptional shipping costs, or travel) shall be reimbursed by the customer.

Cost estimates from MOREMEDIA® are non-binding. If it becomes apparent that the actual costs will exceed those estimated in writing by MOREMEDIA® by more than 20%, MOREMEDIA® will notify the customer. The cost overrun is deemed approved if the customer does not object within a reasonable period of at least five business days while simultaneously indicating more cost-effective alternatives.

For all work by MOREMEDIA® that, for whatever reason, is not carried out, MOREMEDIA® is entitled to appropriate remuneration. By paying this remuneration, the customer acquires no rights whatsoever to this work; rather, concepts, drafts, etc. that were not executed must be returned to MOREMEDIA® without delay.

Client cooperation: The client undertakes to provide all information, documents, access credentials, content, approvals, and other acts of cooperation necessary for the proper performance of the services in a timely and complete manner. Delays resulting from insufficient or late cooperation by the client shall not be borne by MOREMEDIA®.

Customer default / failure to cooperate: If the customer delays a project by failing to provide required approvals, content, documents, access, or feedback, or otherwise prevents MOREMEDIA® from performing the contractual services, the customer is in default of acceptance or cooperation. In this case, MOREMEDIA® is entitled to invoice the services rendered up to that point as well as all third-party services and licenses already incurred and bindingly ordered. Furthermore, MOREMEDIA® retains the claim to the agreed (total) fee, whereby MOREMEDIA® shall credit any expenses saved as a result of the default or otherwise acquired; any additional effort arising from the default as well as downtime and standby costs shall be reimbursed separately. Agreed deadlines shall be postponed appropriately; MOREMEDIA® is entitled to suspend the work until the cooperation is provided and to reschedule it according to its own capacities. If the customer fails to provide a required act of cooperation despite being granted a reasonable grace period of at least two weeks, MOREMEDIA® is entitled to withdraw from the contract; in this case, the cancellation provision pursuant to clause 14 applies accordingly.

Additional services / change requests: Subsequent change or extension requests by the customer that go beyond the agreed scope of services will be invoiced separately on a time-and-materials basis or recorded in a supplementary quote before implementation.

4. Presentations

For participation in presentations, MOREMEDIA® is entitled to an appropriate fee that covers at least the entire personnel and material expenses as well as the costs of all third-party services. If MOREMEDIA® does not receive a commission after the presentation, all services, in particular presentation documents and their content, remain the property of MOREMEDIA®. The customer is not entitled to make further use of them in any form; the documents must be returned to MOREMEDIA® without delay. If ideas and concepts introduced in the course of a presentation are not used in advertising materials designed by MOREMEDIA®, MOREMEDIA® is entitled to use them elsewhere. Without the express consent of MOREMEDIA®, the disclosure, publication, reproduction, distribution, or other use of presentation documents is not permitted.

5. Usage Rights, Ownership and Copyright

All services provided by MOREMEDIA®, including those from presentations (e.g. ideas, sketches, concepts, final artwork, source files, layouts) – including individual parts thereof – remain, like the individual work pieces and design originals, the property of MOREMEDIA® and may be reclaimed by MOREMEDIA® at any time until payment has been made in full. The release of open files (source files) is not part of the contract and requires a separate agreement and remuneration.

Upon full payment of the fee, the client acquires the right to use the final approved and delivered work results for the contractually agreed purpose. For digital products (in particular websites, online shops, and web applications), this right of use is granted — unless otherwise agreed — for an unlimited period and without territorial restriction for the agreed purpose of use.

Any use, modification, or transfer of MOREMEDIA®'s services beyond the agreed purpose requires the prior consent of MOREMEDIA® and – insofar as protected by copyright – of the author, and is subject to separate remuneration. Notwithstanding the foregoing, the rights to third-party material used (in particular image and font material) are governed exclusively by clause 6. MOREMEDIA® is entitled to use the created works for self-promotion without restriction.

6. Third-Party Material, Image and Font Licenses

For the execution of orders, MOREMEDIA® in some cases uses licensed third-party material — in particular image, video, and audio material (e.g., from image libraries such as Getty Images) as well as fonts (desktop and web fonts).

Image and media material: Stock or image material that MOREMEDIA® uses for the client's work under its own license (e.g., a Getty Images license) is used exclusively for the commissioned project and the agreed purpose. The client is not entitled to reuse this material independently – in particular not for other designs, projects, campaigns, or purposes – and may not pass it on to third parties, sublicense it, or make it accessible to third parties. If the client wishes to use it independently or beyond the agreed purpose, a separate license in the client's name is required; MOREMEDIA® will assist with obtaining it upon request, with the client bearing the costs.

Typefaces / fonts: License costs may apply for the typefaces used, which MOREMEDIA® passes on to the customer. Particularly for web fonts, these license fees may be recurring – for example, annually and/or depending on page views, domains, or user numbers. These ongoing costs are borne by the customer. If required license fees are not paid (or not renewed), the right to use the typeface in question may lapse; the resulting consequences and any necessary replacement of the typeface shall be at the customer's expense.

Third-party license terms: All third-party material is additionally subject to the license terms of the respective rights holders or providers, which the client must comply with. MOREMEDIA® assumes no liability for use by the client that deviates from the agreed purpose or is unauthorized; the client shall indemnify and hold MOREMEDIA® harmless in this respect.

Open-source and third-party software: In its implementation work – particularly for websites, online shops, and applications – MOREMEDIA® uses third-party software components such as content management systems, frameworks, libraries, modules, plugins, and themes that are subject to their own (in particular open-source) licenses (e.g., GPL, MIT, Apache). These components are governed exclusively by the respective license terms of the rights holders; they are not covered by the grant of rights under clause 5, but are made available to the client under the respective license. No exclusive rights can be granted to such components. The client must comply with the respective license terms; MOREMEDIA® assumes no liability for use in breach of a license for which the client is responsible.

7. Artificial Intelligence (AI-Powered Services)

Insofar as MOREMEDIA® provides AI-supported services (e.g., AI consulting, AI development, chatbots and assistants, process automation, knowledge bases/RAG, and generative engine optimization/GEO), the following provisions apply in addition.

Results from AI systems are generated statistically and, despite careful implementation, may be incomplete, erroneous, or imprecise. MOREMEDIA® assumes no warranty for the substantive accuracy, completeness, currency, or fitness of AI-generated results for a particular purpose. The customer is obligated to review AI results substantively and legally before any use – in particular before publication or business decisions.

For AI services, MOREMEDIA® uses third-party models and services (e.g. cloud and AI providers) depending on requirements. The availability, functionality, terms, and results of such services may change and are beyond MOREMEDIA®'s control; no specific availability or specific result is warranted. Ongoing costs caused by third-party providers (e.g. usage or API fees) will be passed on to the customer unless otherwise agreed.

The customer ensures that it is entitled to provide the data it supplies (in particular training, knowledge, and input data) and that the processing of this data does not infringe any third-party rights (in particular copyright, data protection, or confidentiality rights). Personal or confidential data may only be entered into AI systems following a separate agreement – in particular regarding commissioned data processing pursuant to clause 20.

There are legal uncertainties regarding the copyright protectability of purely AI-generated content; MOREMEDIA® does not warrant that exclusive rights exist in such results. Responsibility for the specific use of AI-assisted results lies with the customer.

8. Search Engine Optimization, Online Advertising and Social Media

Insofar as MOREMEDIA® provides services in the areas of search engine optimization (SEO), search engine and online advertising (e.g., Google Ads, LinkedIn Ads, Meta Ads), generative engine optimization (GEO), and social media management, the following provisions apply in addition.

MOREMEDIA® provides these services in accordance with the current state of the art and to the best of its knowledge. A specific outcome – in particular a specific placement (ranking) in search results, a specific visibility, reach, number of impressions, clicks, interactions, inquiries, sales, or other conversions – is expressly not warranted and, by its nature, cannot be guaranteed.

Search engines, advertising, and social media platforms (in particular Google, Meta, LinkedIn, and comparable providers) are third parties whose algorithms, policies, feature sets, prices, and availability can change at any time and without prior notice and are beyond MOREMEDIA®'s control. MOREMEDIA® is not liable for the effects of such changes, for the rejection, restriction, or suspension of advertisements, accounts, or profiles by the respective provider, or for other actions of third parties, unless MOREMEDIA® is responsible for them.

Media costs, advertising budgets, and platform fees to be borne by the client (e.g., click or placement costs) are not included in MOREMEDIA®’s fee and, unless otherwise agreed, are invoiced separately or paid by the client directly to the respective provider. The client is solely responsible for the substantive and legal admissibility of the advertising materials, statements, and content they have approved.

9. Subcontractors

MOREMEDIA® is entitled to engage suitable third parties (subcontractors, freelancers, service providers) to provide the services. Responsibility for the contractual provision of services to the customer remains with MOREMEDIA®.

10. Labeling and Attribution

MOREMEDIA® is entitled to reference MOREMEDIA® and, where applicable, the author on advertising materials and in advertising measures, without the customer being entitled to any remuneration for this.

MOREMEDIA® is entitled to mark the works created for the customer in an appropriate, discreet form with the logo or name of MOREMEDIA®. For websites, online shops, and web applications, MOREMEDIA® is furthermore entitled to place a notice of authorship and implementation, freely defined by MOREMEDIA®, in the legal notice or footer area (e.g. “Konzept & Umsetzung: MOREMEDIA®”, where applicable with a link to the MOREMEDIA® website). The customer shall not remove this notice without the consent of MOREMEDIA®.

MOREMEDIA® is furthermore entitled to name and display the works provided as well as the customer's name and logo for reference and self-promotion purposes – in particular as a reference project on its own website, in presentations, portfolios, social media, and other advertising and communication measures promoting its own services. The customer is not entitled to any remuneration for this. The customer may object to this use for legitimate reasons; publications that have already taken place remain unaffected.

11. Approval

All services provided by MOREMEDIA® (in particular preliminary drafts, sketches, final artwork, proofs, prototypes) must be reviewed and approved by the customer within a reasonable period of at least five business days. If timely feedback is not provided, the services are deemed approved. The customer is responsible for verifying the legal permissibility of the agency's services (in particular with regard to competition and trademark law). MOREMEDIA® arranges an external legal review only at the customer's request, with the costs to be borne by the customer.

12. Deadlines

MOREMEDIA® endeavors to meet the agreed deadlines. In the event of non-compliance, the customer is only entitled to assert statutory rights after setting a reasonable grace period and its fruitless expiry. Compensation for damages due to delay is only possible in cases of intent or gross negligence on the part of MOREMEDIA®. Unavoidable or unforeseeable events – in particular delays on the part of MOREMEDIA®'s contractors – release MOREMEDIA® from the obligation to meet the agreed delivery date. Information on implementation times is provided to the best of our knowledge but does not establish any claim to a specific completion date. The agreement of contractual penalties for failure to meet deadlines is expressly excluded. If events of force majeure occur (e.g. natural disasters, pandemics, official orders, wars, or other unforeseeable events) that impede or prevent the provision of services, both parties are released from their performance obligations for the duration and to the extent of the effects of such events. If such an event lasts longer than three months, both parties are entitled to withdraw from the contract without any mutual claims arising therefrom (in particular claims for damages).

13. Payment

Invoices from MOREMEDIA® are due promptly and without deduction from the invoice date. In the event of default in payment, the statutory default interest applies (for transactions between businesses, pursuant to § 456 UGB). The customer shall also reimburse the reminder and collection costs necessary and appropriate for the purposeful pursuit of legal claims. Delivered goods and services remain the property of MOREMEDIA® until paid in full. The customer is only entitled to set off undisputed or legally established claims or to assert a right of retention. For all orders, an advance payment of 30% of the total order value is deemed agreed, due before work begins.

Billing for fixed-price projects: For projects with an agreed fixed price, billing is carried out in installments. The agreed down payment is due immediately upon commissioning. The further installments, which are listed as individual items in the offer, are invoiced immediately after the respective partial services have been rendered, without requiring separate approval or acceptance by the client. The respectively agreed payment terms apply.

Billing based on actual effort: For projects billed on the basis of actual effort, invoicing takes place at the end of each calendar month based on time records for the services rendered in that month, even if the project extends over a longer period.

14. Cancellation and Termination by the Client

If the client withdraws from the order in whole or in part after it has been placed, cancels it, or renders its further execution permanently impossible by failing to cooperate for a period of more than four weeks, MOREMEDIA®'s fee entitlement remains in effect in accordance with the following cancellation rule. Cancellation declarations must be made at least in text form (email is sufficient).

In this case, the client shall compensate: (a) all services already rendered by MOREMEDIA® up to receipt of the cancellation notice, as well as all third-party services and licenses already commissioned or bindingly ordered at that time, in full, and (b) as lump-sum compensation for lost profit and standby costs, 50% of the order value attributable to the services not yet rendered (remaining order value).

The customer reserves the right to prove that MOREMEDIA® incurred no damage or significantly lower damage as a result of the cancellation; MOREMEDIA® reserves the right to prove higher actual damages. The advance payment made in accordance with clause 13 will be credited but is not refundable in the event of cancellation to the extent that it does not exceed the amounts owed under this clause.

15. Warranty and Damages

The customer must inspect the services immediately after they are rendered and give notice of any defects, stating the reasons, in writing or in text form – in transactions between businesses without undue delay pursuant to Section 377 UGB (Austrian Commercial Code). In the event of a justified and timely notice of defects, the customer is initially entitled to have the service remedied by MOREMEDIA® within a reasonable period; the other statutory warranty remedies remain unaffected. Claims for damages by the customer, in particular for delay, impossibility of performance, positive breach of contract, fault in the conclusion of the contract, or defective performance, are excluded unless they are based on intent or gross negligence on the part of MOREMEDIA®. MOREMEDIA® assumes no liability for the content of documents and materials provided by the customer.

16. Liability

MOREMEDIA® carries out all work in compliance with generally recognized legal principles and informs the customer of identifiable risks in good time. However, the customer is responsible for compliance with statutory provisions (in particular those relating to competition and trademark law). If the customer approves a measure proposed by MOREMEDIA®, the customer assumes the associated risk. MOREMEDIA® is not liable for third-party claims provided MOREMEDIA® has fulfilled its duty to inform; in such a case, the customer shall indemnify and hold MOREMEDIA® harmless. Liability for slight negligence is excluded – except in cases of personal injury. Printing, typesetting, and spelling errors are the customer's responsibility if the customer fails to properly check the proof.

The limitations of liability in this clause do not apply to damages resulting from injury to life, body, or health, or to claims under the Product Liability Act (PHG); in these respects, MOREMEDIA® is liable in accordance with the statutory provisions.

Legal review (privacy, legal notice, accessibility, etc.): MOREMEDIA® delivers all digital products with the greatest possible care, based on sound expertise and in accordance with the current state of the art. Upon request, MOREMEDIA® provides the customer with templates for legally relevant content such as privacy information, legal notice requirements, or cookie notices. However, the final legal review and the responsibility for the legal compliance of this content rest solely with the customer. The same applies to the requirements for digital accessibility (in particular under the Austrian Accessibility Act, Barrierefreiheitsstärkungsgesetz): MOREMEDIA® implements accessibility in accordance with the current state of the art and the recognized guidelines (WCAG); ongoing compliance – in particular with regard to content subsequently added by the customer as well as future changes to laws or standards – and the final legal assessment of accessibility rest solely with the customer. Upon request, MOREMEDIA® refers customers to specialized experts.

17. Domains

Where MOREMEDIA® registers or manages domains for the client, these are — unless otherwise agreed — registered with the client as domain holder; ownership of the domain rests with the client. Registration and management are handled through the respective registry or a registrar, whose allocation and usage policies additionally apply.

Domains are provided for the agreed recurring fee and renew automatically for the respective registration period unless terminated in text form no later than four weeks before the respective renewal date. The ongoing domain fees are borne by the customer.

Upon termination of the contractual relationship, the customer receives – after full payment of all outstanding claims – the authentication code (auth code) required to transfer the domain. At the customer's request, MOREMEDIA® will additionally provide an archive of the server contents and the database. The compilation, provision, and delivery of this archive (e.g., via download link) constitute an additional service subject to separate remuneration and must be paid for by the customer.

18. Hosting, Maintenance and Ongoing Services

Ongoing services (e.g., hosting, maintenance, support, ongoing management, and ongoing licenses) are agreed separately. Unless a fixed term has been agreed, they are provided for an indefinite period and may be terminated by either party in text form with four weeks' notice to the end of a calendar month. Recurring fees (e.g., hosting, maintenance, or license fees) are payable in advance. If the customer defaults on such fees, MOREMEDIA® is entitled, after prior notice, to suspend the service concerned until payment has been made in full.

MOREMEDIA® does not provide hosting services in its own data center but uses carefully selected external providers with server locations in the European Union. Depending on the commissioned service, the hosting service is provided by this provider as the actual service provider; the provider's general terms and conditions, service descriptions, and service levels apply in addition. MOREMEDIA® does not owe any specific, uninterrupted availability; 100% availability cannot be technically guaranteed. MOREMEDIA® is not liable for outages, disruptions, data loss, or other impairments within the provider's area of responsibility, provided MOREMEDIA® has selected the provider with due care; upon request, MOREMEDIA® will assign any claims against the provider to the customer.

Regular data backups are performed only if expressly agreed; otherwise, data backup is the customer's responsibility. MOREMEDIA® recommends the prompt installation of security-relevant updates (in particular of the content management system, modules, and extensions). If the customer refuses such updates, delays them, or makes changes to the system themselves or through third parties, MOREMEDIA® is not liable for any resulting damage, security incidents, or malfunctions.

19. Confidentiality and Non-Disclosure

The contracting parties undertake to treat all confidential information, business secrets, and trade secrets of the other party that become known to them in the course of the collaboration (in particular technical, economic, strategic, and personal information, concepts, data, and access credentials) as confidential for an unlimited period of time, not to disclose them to unauthorized third parties, and to use them exclusively for the purposes of contract performance.

Excluded is information that is demonstrably in the public domain or enters it through no fault of the receiving party, that was lawfully obtained from third parties, or whose disclosure is required by law or by official order. MOREMEDIA® is entitled to engage carefully selected subcontractors (clause 9) for the performance of services and to make the information required for this purpose available to them under a corresponding confidentiality obligation. MOREMEDIA®'s right to be named as a reference pursuant to clause 10 remains unaffected.

20. Data Protection and Data Processing

When processing personal data, MOREMEDIA® complies with the applicable data protection regulations (in particular the GDPR). Further information can be found in MOREMEDIA®'s separate privacy policy. The customer is obligated to comply with all data protection requirements when providing data to MOREMEDIA®.

Insofar as MOREMEDIA® processes personal data on behalf of the client (e.g., in the context of hosting, forms, web analytics, maintenance, or AI services), the parties conclude a data processing agreement pursuant to Art. 28 GDPR, which forms the basis of the respective contract. The client is the controller within the meaning of the GDPR. The data processing agreement is provided electronically and can be requested at any time at avv.moremedia.dev/anfordern.

21. Applicable Law

The contractual relationship between the customer and MOREMEDIA® is governed exclusively by Austrian law, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods. Mandatory statutory provisions remain unaffected.

22. Place of Jurisdiction

The place of performance is Hörsching. For all disputes arising directly between MOREMEDIA® and the customer, the Austrian court with local and subject-matter jurisdiction for MOREMEDIA®'s registered office is agreed as the place of jurisdiction. However, MOREMEDIA® is also entitled to bring proceedings before another court having jurisdiction over the customer. For consumers, the statutory places of jurisdiction apply.

23. Legal Basis

Unless otherwise stipulated in these terms and conditions or in the contract, the relevant statutory provisions apply, in particular those of the Austrian Civil Code (ABGB), the Austrian Commercial Code (UGB), the Austrian Copyright Act (UrhG), the Austrian Act Against Unfair Competition (UWG), and the provisions of the General Data Protection Regulation (GDPR).