Terms and conditions

1. Scope

These terms govern contracts between bearceptive and the client. Departures from them apply only where we have confirmed them in writing. We expressly object to the client's own purchasing terms; they do not become part of the contract even if we perform without reservation.

Where the client is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the mandatory provisions of that act take precedence over anything to the contrary here.

2. Quotes and how a contract comes about

What is shown on this website is not binding. What binds us is the written quote, which stands for four weeks from its date. The contract comes about when the quote is accepted in writing; email is sufficient.

Anything not named in the quote is not owed. Where the client wants additional work later, we put its scope and price in writing first.

3. What we do, and what the client contributes

The scope follows from the quote. Design decisions are ours to make on professional judgement within the agreed frame.

The client supplies what the work needs in good time: text, images, logos, access to the domain and mailbox, and a contact person who is allowed to decide. The client warrants that it holds the necessary rights to the material it provides and indemnifies us against third-party claims arising from that material.

Where that contribution is late, agreed dates move by the length of the delay. Waiting time caused this way may be charged at cost.

4. Prices and payment

All prices are in euro, net of value added tax at the statutory rate where VAT applies.

For projects from a value of EUR 2,000 net upwards, we invoice 40 per cent on commissioning and the remainder on handover. Invoices are payable within 14 days without deduction.

In the event of late payment, statutory default interest applies: 9.2 percentage points above the base rate for business clients (§456 UGB) plus the EUR 40 flat fee for collection costs, and 4 per cent per year for consumers. We may suspend ongoing operational services after prior notice and a reasonable grace period for as long as an invoice is outstanding.

5. Dates

Dates are binding where they have expressly been agreed as such. Events outside our control — failures at suppliers, illness, official measures — extend the deadline by a reasonable period. We say so as soon as it becomes foreseeable, not on the day itself.

6. Acceptance

Once the work is complete, we make it available for acceptance. The client checks it within 14 days and reports defects in writing. If the client puts the work into use, or says nothing within that period, it counts as accepted. Insignificant defects do not prevent acceptance; they get fixed.

Rounds of revision named in the quote are included in the price. Change requests beyond them are charged at cost, after we have said what the cost will be.

7. Rights of use

On payment in full, the client receives an unrestricted right of use — in time, territory and content — to the results produced specifically for it: design, text and source code. The client may change them, develop them further, and have third parties develop them further.

Until payment in full, all rights remain with us; a website already published may be used until then, revocably.

For tools, libraries and building blocks we use across several clients, the client receives a simple, unlimited right of use within the scope of the project. Our authorship rights remain unaffected.

8. Third-party services and licences

Fonts, images, domains and third-party services are subject to their own licence and contract terms. Recurring costs for them are borne by the client. Where we obtain such services in our own name, we pass them on without a mark-up unless agreed otherwise.

9. Operation, availability and backups

Where operation of the website is commissioned, it covers provision, security updates and daily backups. We aim for 99 per cent availability measured over the year, excluding announced maintenance windows. Maintenance likely to cause an interruption is announced at least 48 hours in advance.

Outages traceable to third-party networks, data centres or services are outside our control. We fix what we can fix and keep the client informed.

10. Warranty

The statutory warranty provisions apply. We remedy defects by repair in the first instance. Where that does not succeed within a reasonable period, the client may demand a price reduction or, for a substantial defect, rescission.

The following are not defects: differences in rendering between browsers and devices that do not impair use; faults caused by changes the client or a third party makes to the result; disruptions caused by third-party services.

Towards business clients, the warranty period for software and design work is twelve months from acceptance, and the duty to inspect and give notice under §377 UGB remains. Towards consumers the statutory periods apply unchanged.

11. Liability

We are liable for intent and gross negligence. Towards business clients, liability for slight negligence is excluded, as is liability for consequential loss, lost profit and loss of data to the extent proper backups by the client would have avoided it. Liability is capped at the value of the contract.

These limits do not apply to personal injury, to breaches of essential contractual duties, or towards consumers where the Consumer Protection Act says otherwise. Liability under the Product Liability Act is unaffected.

12. Data protection

Both sides comply with data protection law. Where we process personal data for the client as part of running the site, we conclude a processing agreement under Art 28 GDPR before that starts. How we handle data on this website is set out in the privacy policy.

13. Term and termination of operational services

Operational services run for one year and renew by a further year unless terminated in writing at least one month before the end of the term.

On termination we hand over all data and the source code in a common format on request. That handover is free of charge once; it is not a bargaining chip. Either side may terminate for good cause.

14. Right of withdrawal for consumers

Where the contract is concluded entirely by distance communication or away from our business premises and the client is a consumer, the client may withdraw within 14 days without giving reasons (§11 of the Austrian Distance and Off-Premises Transactions Act, FAGG). The period starts when the contract is concluded.

An unambiguous statement to the email address given in the imprint is enough to withdraw. No form is required.

If work is to start before that period is over, we need the client's express request for it. Where the client then withdraws, the effort spent up to that point is payable pro rata. Once the service has been performed in full within the period, the right of withdrawal lapses, provided the consumer agreed to the early start and acknowledged that this is what happens.

15. Confidentiality and references

We treat everything we learn about the client during the work as confidential, including after it ends.

We may name and show the finished website as a reference. If the client objects, we do not; no reason is needed.

16. Governing law and place of jurisdiction

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

For disputes with business clients, the competent court at the seat of bearceptive has jurisdiction. For consumers the statutory place of jurisdiction applies and may only be changed within the limits of §14 KSchG.

17. Final provisions

Should any provision be invalid, the rest of the contract stands. The invalid provision is replaced by one that comes closest to its commercial purpose. Amendments and additions must be in writing, and that requirement itself can only be waived in writing.