Terms and Conditions

brandREACH KG

Lead Generation | Marketing Automation | Sales Automation

The German version of this document will be the governing version for our relationship. This translated version is provided for convenience purposes only and should not be interpreted as modifying the German version. For the German version, please refer here.

 

1. Preamble, Scope, and Applicability

1.1 The general terms and conditions of the agency brandREACH KG, with its registered office at Porzellangasse 37/18, 1090 Vienna (hereinafter referred to as "brandREACH"), serve the purpose of defining the rights and obligations of brandREACH and its clients and establishing clear contractual relationships in business transactions. brandREACH provides its services exclusively based on these terms and conditions. These conditions apply to all legal relationships between brandREACH and its clients, even if not explicitly referred to.

1.2 The version valid at the time of contract conclusion shall be decisive. Deviations from these conditions and any additional agreements with the client are only effective if confirmed in writing by brandREACH. brandREACH explicitly rejects any terms and conditions of the client, even if known, unless explicitly and in writing agreed otherwise on a case-by-case basis. No further objection by brandREACH to the client's general terms and conditions is required.

1.3 Changes to these terms and conditions shall be communicated to the client and shall be deemed agreed upon if the client does not object to the amended terms and conditions in writing within 14 days. The client is explicitly informed of the significance of silence in the notification. It is agreed that in the event of changes to the terms and conditions, notification to the client via email to the email address provided to brandREACH shall be sufficient.

 

2. Scope of Services, Order Processing, and Client's Obligations

2.1 The scope of services to be provided is based on the service description in the agency contract, the service description stated in the cost estimate, offer, contract, specification sheet, or briefing protocol, in conjunction with any order confirmation by brandREACH. Subsequent changes to the scope of services require written confirmation by brandREACH. Within the framework specified by the client, brandREACH has creative freedom in fulfilling the order. brandREACH reserves the right to expand, modify, or reduce services if it leads to an improvement in performance.

2.2 The cost estimates or offers provided by brandREACH are non-binding and subject to change. If the client places an order, they are bound to it for a period of two weeks from the date of receipt by brandREACH. The order is concluded upon acceptance by brandREACH. The order placement and acceptance must be in writing, unless brandREACH clearly indicates that it accepts the order (e.g., by commencing the activities). To ensure proper, high-quality, and timely execution of the order, it is agreed that if the client does not object to a cost estimate or offer submitted by brandREACH from the moment they are aware or should be aware that brandREACH has commenced the execution of the services in question, the cost estimate or offer shall be deemed accepted.

2.3 Offers displayed on the website or other channels do not constitute a legally binding offer but rather an invitation for potential customers to make a purchase offer. The conclusion of a purchase contract only occurs upon signing a binding offer.

2.4 If it becomes apparent that the actual costs exceed the costs estimated in writing by brandREACH by more than 15 percent, brandREACH will inform the client of the higher costs. The cost overrun shall be deemed approved by the client if the client does not object in writing within three working days of this notification and at the same time provides less expensive alternatives. If the cost overrun is up to 15 percent, separate notification is not required. The client is deemed to have approved this cost overrun from the outset.

2.5 The client shall ensure that brandREACH is provided with all necessary information and documents for the fulfillment of the order in a timely and complete manner, even without explicit request, and that brandREACH is informed of all proceedings and circumstances that are relevant to the execution of the order. This also applies to all information, documents, proceedings, and circumstances that become known during the execution of the order. The client shall bear the costs arising from their incorrect, incomplete, or subsequently amended information (including delays and/or repetitions of work steps by brandREACH).

2.6 The client shall review all services provided by brandREACH and approve them within five working days of receipt by the client. In the event of non-timely approval, the services shall be deemed approved by the client.

 

3. Concept and Idea Protection

3.1 If a potential client invites brandREACH to develop a concept and brandREACH complies with this invitation before the conclusion of an order and/or main contract, the following provisions shall be deemed agreed upon: By extending the invitation and accepting it, the potential client and brandREACH enter into a contractual relationship (pitching contract). This contract is also based on the present terms and conditions. The potential client acknowledges that brandREACH incurs costly preliminary expenses in developing the concept, even though the client has not yet assumed any performance obligations.

3.2 The concept, including its linguistic and graphic components, to the extent that they reach the level of a work, is protected by copyright law. The potential client is not permitted to use or modify these parts of the concept without the consent of brandREACH. Additionally, the concept may contain advertising-related ideas that do not meet the threshold of copyright protection. These ideas form the basis of all subsequent creative work and can be seen as the spark that ignites everything produced later, thus defining the origin of a marketing strategy. Therefore, those elements of the concept that are unique and give the marketing strategy its characteristic imprint are protected. In the context of this agreement, ideas are particularly considered to include advertising slogans, copywriting, graphics and illustrations, advertising materials, etc.

3.3 The potential client undertakes not to economically exploit or allow the economic exploitation of the creative advertising ideas presented by brandREACH within the scope of the concept, except within the framework of a subsequently concluded order and/or main contract.

3.4 If the potential client believes that brandREACH presented advertising ideas to them that they had already conceived before the presentation, they must notify brandREACH of this within 14 days from the day of the presentation or the transmission of the concept, via email and providing evidence that allows for a temporal assignment. Otherwise, the contracting parties assume that brandREACH presented a new advertising idea to the potential client. If the advertising idea is used by the client, it is assumed that brandREACH has made a valuable contribution.

3.5 The potential client can be released from their obligations by paying appropriate compensation plus statutory value-added tax. The release takes effect only upon full receipt of the compensation payment into the bank account of brandREACH.

3.6 For the creation of drafts, concepts, and participation in presentations, brandREACH is entitled to reasonable compensation in accordance with the guidelines of the "Professional Association for Advertising and Market Communication" (Fachverbandes für Werbung und Marktkommunikation) of the Austrian Economic Chamber (Wirtschaftskammer Österreich), which covers at least the total personnel and material expenses incurred by brandREACH for the services rendered, as well as the costs of all external services in the course of these preparations. The self-presentation of brandREACH and the initial consultation are free of charge. By paying the presentation fee, the client does not acquire any exploitation and usage rights to the presented services. If the ideas and concepts presented in a presentation are not utilized in services created by brandREACH, brandREACH is entitled to use these ideas and concepts for other purposes.

 

4. Services Related to Social Media Channels

4.1 Prior to accepting the order, brandREACH explicitly informs the client that providers of social media channels (e.g., Facebook or Google, hereinafter referred to as providers) reserve the right to reject or remove advertisements and promotional content for any reason, as stated in their terms of use. Therefore, the providers are not obligated to transmit content and information to users. Consequently, there is an unpredictable risk, which brandREACH cannot calculate, that advertisements and promotional content may be removed without justification. While the providers allow for a right of reply in the event of a complaint from another user, the content is immediately removed even in this case. Restoring the original lawful state may take some time.

4.2 brandREACH operates based on these provider terms of use, over which it has no control, and also applies them to the client's order. By placing the order, the client expressly acknowledges that these terms of use determine the rights and obligations of any potential contractual relationship. brandREACH intends to execute the client's order to the best of its knowledge and comply with the guidelines of social media channels. However, due to the current terms of use and the ease with which any user can claim a violation of rights, leading to content removal, brandREACH cannot guarantee that the contracted service will always be accessible.

 

5. Subcontracting / Engagement of Third Parties

5.1 Unless otherwise specified in individual cases, brandREACH is entitled, at its sole discretion, to perform the services itself, engage knowledgeable third parties as agents for the provision of contractual services, and/or substitute such services (subcontracting).

5.2 The engagement of third parties for subcontracting purposes will be carried out either in the name of brandREACH or in the name of the client. brandREACH will carefully select third parties and ensure that they possess the necessary professional qualifications. In cases where brandREACH contracts necessary or agreed subcontracted services, the respective contractors are not considered agents of brandREACH.

5.3 The client assumes any obligations towards third parties that extend beyond the duration of the contract. This explicitly applies even in the event of termination of the contract with brandREACH.

 

6. Provisions regarding HubSpot software

This section of the terms and conditions applies to contracts in which the HubSpot software is the subject of the agreement, which brandREACH distributes as a partner of HubSpot. brandREACH cannot be held liable or sued for any damages or errors related to the distributed software. In this case, brandREACH acts solely as an intermediary, facilitating the relationship between the end customer and the software provider.

 

7. Provisions Regarding validmail Software

This section of the terms and conditions applies to contracts in which the validmail software is the subject of the agreement, which brandREACH distributes as a partner of XQueue. brandREACH cannot be held liable or sued for any damages or errors related to the distributed software. brandREACH provides its customers with the validmail technology (technical infrastructure for managing messages through electronic channels) for use over the internet and delivers the associated specific services of the contractual partner. The point of delivery for the contractual services is the router exit of the brandREACH data center. The contractual agreements do not include the connection of the contractual partner to the internet, the maintenance of the network connection, or the procurement and provision of the necessary hardware or software on the contractual partner's side. brandREACH provides its customers with user documentation, which contains detailed instructions and provisions for using the application. Existing copyright notices must be preserved when making copies under the contract. The contractual partner is not entitled to edit, distribute, or make the user documentation accessible outside the agreed user group.

 

8. Provisions regarding the Maileon software (formerly: validsend)

This section of the terms and conditions applies to contracts in which the Maileon software (formerly validsend) is the subject of the agreement. brandREACH, along with its partners, provides the necessary technology as a service for managing messages through electronic channels and delivers the associated specific services. The software itself is not created or operated by brandREACH. Therefore, any claims that may arise regarding potential damages or the use of the software in relation to legal framework and resulting legal consequences are not part of the agreement between brandREACH and its customers. XQueue is the manufacturer and operator of the Maileon software (formerly validsend). Customers of brandREACH enter into a usage agreement with brandREACH. This usage is governed by the terms and conditions and privacy policy provided by the manufacturer, XQueue. These terms and conditions and privacy policy are available and valid on the manufacturer's website at www.xqueue.de.

 

9. Provisions for Participation in Courses

9.1. Registrations for courses are accepted by telephone, in writing, via email, or registration form, and are binding in all cases.

9.2. The registrant (hereinafter referred to as "client") has the right to revoke the registration within fourteen calendar days without stating any reasons. The revocation must be sent via email to service@brandreach.at. Timely sending of the revocation is sufficient to meet the revocation deadline.

9.3. The client gives consent to receive invoices from the organizer (hereinafter referred to as "contractor") exclusively by electronic mail. The contractor will send the invoice for the course participation fee to the email address provided by the client. The payment deadline is 14 days from the invoice date and is due without deduction.

9.4. The client may have a registered person represented by another person, subject to the approval of the contractor. Representations should be notified via email to service@brandreach.at.

9.4. The client may cancel participation in the course before the course begins. The cancellation must be made via email to service@brandreach.at. The client expressly agrees that in the event of cancellation, the following cancellation fees shall apply:

• Cancellation up to 8 weeks before the start of the course: 30% cancellation fee Cancellation up to 4 weeks before the start of the course: 50% cancellation fee
• For later cancellations, the full participation fee is due.

9.7. The contractor may withdraw from the contract before the start of the course if the minimum number of participants is not reached. The minimum number of participants for the course is set at five persons. The contractor's notice of withdrawal shall be sent in writing to the email address provided by the client no later than 10 calendar days before the start of the course.

9.8. Video recordings will be made during the course, which may also include the participants. The video recordings are for documentation purposes and will be made available to all participants of the course. By registering, the client and the registered participants agree that these video recordings will be created and used.

 

10. Durations & Notice Period for Software Contracts

 

11. Pricing & Payment Terms

11.1 The general payment terms of brandREACH agency are an integral part of these terms and conditions and are considered acknowledged and confirmed upon engaging brandREACH agency by the client.

11.2 All prices stated on the website are exclusive of applicable sales tax. The prices indicated are binding, subject to typographical and printing errors, except for variations resulting from individually agreed-upon adjustments with the customer or reseller. The prices stated on the website or those agreed upon in the customer contract shall apply.

11.3 We reserve the right to make price adjustments for contracts with indefinite terms. Customers will be notified in advance of any price changes. If no response regarding the price adjustment is received within one month, it will be considered accepted. The information will be provided in writing (via email) to the email address provided by the customer. If customers do not agree with the respective price adjustments, they have the option to terminate the contract within the framework of regular termination. brandREACH is not allowed to make more than one price adjustment per product or service per year.

 

12. Deadlines

12.1 Stated delivery or performance deadlines are only approximate and non-binding unless expressly agreed upon as binding, documented in writing, and confirmed by brandREACH agency.

12.2 If the delivery or performance by brandREACH agency is delayed due to reasons beyond its control, particularly due to force majeure events and other unforeseeable events that cannot be reasonably avoided even with reasonable means, and/or delays caused by brandREACH agency's subcontractors, the obligations shall be suspended for the duration and extent of the obstacle, and the deadlines shall be extended accordingly. The same applies if the client is in default with its obligations necessary for the execution of the order. If such delays persist for more than two calendar months, both the client and brandREACH agency have the right to terminate the contract or invoice the full contract amount (outstanding receivables).

 

13. Early Termination / Cancellation

brandREACH is entitled to withdraw from the contract with immediate effect for significant reasons. Significant reasons include:

• If the start, execution, or continuation of the service becomes impossible due to reasons attributable to the client or if it is further delayed despite setting a grace period of 14 days
• If the client persistently violates essential obligations under the contract, such as the payment of a due amount or cooperation obligations, despite a written warning with a grace period of 14 days
• If there are legitimate concerns about the client's creditworthiness and the client fails to make advance payments or provide suitable security upon request from brandREACH agency, prior to brandREACH agency's performance
• If insolvency or settlement proceedings are initiated against the client's assets or if an application for such proceedings is rejected due to lack of sufficient assets to cover the costs
• If the client suspends its payments. If the client misuses the services for committing unlawful acts or causing harm to third parties

The withdrawal can also be declared regarding the outstanding part of the services to be provided, without prejudice to brandREACH agency's claims for damages. In the event of withdrawal, services already provided or partial services must be invoiced and paid in accordance with the contract. This also applies if the deliveries or services have not yet been accepted by the client, as well as for preparatory actions carried out by brandREACH agency. Instead, brandREACH agency also has the right to demand the return of already delivered parts of the order.

13.2 If the client withdraws from the contract, a compensation amount equal to the demonstrable expenses incurred by brandREACH agency, but at least 50% of the net order value, is agreed upon. If no cost estimate or quotation has been provided, a subsequent estimate will be made based on available data, and the right of judicial moderation is excluded.

13.3 In the event of justified early termination by brandREACH agency, it is entitled to reimbursement of the expenses incurred in connection with the establishment and fulfillment of this contract (e.g., acquisition of equipment) that have not been covered by the payments made by the client during the term of the contract, to the extent of such expenses.

13.4 If changes or deviations from the agreed scope of work become necessary after the assignment has been awarded, brandREACH agency shall promptly inform the client. If these changes do not substantially affect the agreed scope of work, the client shall not have the right to cancel the contract due to these deviations.

13.5 If it becomes apparent during the provision of services that the execution of the contract is actually or legally impossible, brandREACH agency is obliged to inform the client accordingly. In such a case, each contracting party is entitled to withdraw from the contract. The client shall reimburse brandREACH agency for the expenses incurred for its services up to that point.

 

14. Confidentiality and Data Protection

14.1 brandREACH agency is subject to the confidentiality obligations of Austrian and European data protection laws, as well as Austrian competition law and telecommunications law. brandREACH agency undertakes to maintain the confidentiality of all personal data, as well as trade secrets and business information of the client that becomes known to brandREACH agency in the course of carrying out the assignment. 

14.2 Similarly, the client undertakes to respect all rights of brandREACH agency relating to the services provided, in particular industrial property rights, copyright, including the right to attribution, and the obligation to maintain the confidentiality of trade secrets and business information of brandREACH agency, even through the client's personnel, agents, or third parties. This obligation remains in effect even after the termination of an assignment or contract with brandREACH agency.

14.3 The client expressly agrees that their personal data, including name/company, profession, date of birth, commercial register number, powers of representation, contact persons, business addresses, and other addresses of the client, telephone numbers, mobile numbers, email addresses, bank details, credit card information, VAT identification number, and any access data, will be automatically collected, processed, and stored for the purpose of fulfilling the assignment and providing client support, as well as for brandREACH agency's own advertising purposes, such as sending offers, advertising brochures, and newsletters (in paper and electronic form), and for the purpose of referencing the existing or former business relationship with the client (reference note). The client agrees to receive electronic mail for advertising purposes until revoked. This consent can be revoked at any time in writing by sending an email to the contact details provided in the footer of the terms and conditions.

14.4 The privacy policy of brandREACH agency is an integral part of these terms and conditions and is deemed accepted and confirmed by the client upon engaging brandREACH agency.

 

15. Reference Mention

15.1. brandREACH agency reserves the right to mention clients as references by referring to the existing or former business relationship, without the client being entitled to any compensation. This mention includes brandREACH agency's own advertising materials, websites, as well as corresponding social media company pages, especially Facebook, Xing, and LinkedIn.

15.2. The reference mention includes the use of the client's logo and company name (official name and/or trade name). This also applies to end customers if the contractual relationship has been established through resellers (cooperation partners). In such cases, both the reseller (cooperation partner) and the end customer may be mentioned as references.

15.3. brandREACH agency is entitled to indicate its involvement as well as the authorship on all advertising materials and in all advertising measures for the client, without the client being entitled to any compensation.

15.4. The right to revoke the authorization for reference mention exists. The revocation must be made by means of a clear statement, sent via email to the contact details provided in the footer of the terms and conditions.

 

16. Copyright

16.1 The client is obliged to examine the documents (photos, logos, etc.) provided for the execution of the order for any existing copyright, trademark rights, or other third-party rights (rights clearance) and guarantees that they possess the necessary copyright, exploitation, or usage rights or permissions according to Austrian copyright law for all documents transmitted to brandREACH agency for the execution of the order. In the event of slight negligence or after fulfilling their duty to warn, brandREACH agency shall not be liable towards the client for any infringement of such third-party rights caused by the provided documents. If brandREACH agency is held liable by a third party for such infringement, the client shall indemnify and hold brandREACH agency harmless. The client shall reimburse all damages incurred by brandREACH agency as a result of third-party claims, particularly the costs of appropriate legal representation. The client undertakes to assist brandREACH agency in defending against any potential claims by third parties and shall provide brandREACH agency with all relevant documents without request.

16.2 All services provided by brandREACH agency, including those presented in presentations (such as suggestions, ideas, sketches, preliminary drafts, scribbles, artwork, concepts), as well as individual parts thereof, remain the property of brandREACH agency, including the individual workpieces and original designs, and can be reclaimed by brandREACH agency at any time, especially upon termination of the contractual relationship. The client acquires the right to use the services for the agreed purpose by paying the fee. The acquisition of usage and exploitation rights for brandREACH agency's services always requires full payment of the fees invoiced by brandREACH agency. If the client already uses brandREACH agency's services before this point in time, such usage is based on a revocable loan agreement.

16.3 Unless otherwise agreed in writing, brandREACH agency grants the client only a simple right of use as defined in §24 of the Austrian Copyright Act (UrhG) and the right of provision as defined in §18a of the UrhG. The transfer of additional usage rights and the transfer of usage rights by the client to third parties require prior consultation with brandREACH agency and a separate written agreement. In the absence of a different agreement, the client may only use brandREACH agency's services within Austria.

16.4 For the use of brandREACH agency's services beyond the originally agreed purpose and scope of use, regardless of whether these services are protected by copyright or not, the consent of brandREACH agency is required. brandREACH agency and the author are entitled to a separate, reasonable fee for such use beyond the originally agreed purpose and scope. After the completion of the order and/or agency contract, the consent of brandREACH agency is also required for the use of brandREACH agency's services or advertising materials for which brandREACH agency has developed conceptual or design templates, regardless of whether these services are protected by copyright or not.

16.5 Any modifications or alterations to brandREACH agency's services, especially their further development by the client or by third parties working on behalf of the client, are only permissible with the express written consent of brandREACH agency and, if the services are protected by copyright, the consent of the author.

16.6 Any joint or partial authorship of the client in services created by brandREACH agency is transferred by the client to brandREACH agency. The transfer is informal and does not require any further written agreement.

16.7 For uses as per Section 18.3, brandREACH agency is entitled to the full fee agreed upon in the expired contract in the first year after the contract ends. In the second and third year after the contract expires, brandREACH agency is entitled to half and a quarter of the agreed fee in the contract, respectively. From the fourth year after the contract ends, no fee is payable.

16.8 If the fee for the unrestricted transfer of usage rights has not been explicitly determined at the time of assignment or contract conclusion, or if the scope of use for the copyright-protected services provided by brandREACH agency has not yet been determined, the agreed fee shall, in case of doubt, only represent the fee for the development of the commissioned services.

16.9 The client shall be liable to brandREACH agency for any unauthorized use in double the amount of the appropriate fee for such use.

 

17. Warranty and Liability

17.1 The client must notify any defects promptly, but in any case within 5 working days after delivery/performance by brandREACH agency. Hidden defects must be reported within 8 days after their discovery in writing, describing the defect; otherwise, the delivery/performance shall be deemed approved. In this case, the assertion of warranty claims and claims for damages, as well as the right to contest the contract due to defects, are excluded.

17.2 In the case of justified and timely notification of defects, the client is entitled only to the right of improvement or replacement of the delivery/performance by brandREACH agency. brandREACH agency will remedy the defects within a reasonable period, provided that the client enables brandREACH agency to carry out all necessary measures for investigation and defect rectification. brandREACH agency is entitled to refuse the improvement of the services if it is impossible or would involve disproportionately high costs for brandREACH agency. In this case, the client is entitled to statutory rights of conversion or reduction. In the case of improvement, it is the client's responsibility to arrange and bear the cost of returning the defective (physical) item. If it turns out that the defects were caused by the client or third parties, the client shall reimburse brandREACH agency for all expenses incurred in connection with the determination of the cause and defect rectification, based on the hourly rates applicable at the time of service provision by brandREACH agency.

17.3 The warranty period is 6 months from delivery/performance. The right of recourse against brandREACH agency under §933b para. 1 of the Austrian Civil Code (ABGB) expires 1 year after delivery/performance. The client is not entitled to withhold payments due to complaints. Rectifying defects does not extend the warranty period. The reversal of the burden of proof/presumption rule under §924 of the Austrian Civil Code (ABGB) is excluded. The client bears the burden of proving the existence of the defect at the time of handover, the time of discovering the defect, and the timeliness of the defect notification. The warranty lapses if modifications are made by the client or third parties.

17.4 The services provided by brandREACH agency may include open-source software and third-party software. brandREACH agency does not guarantee any errors, disruptions, or damages resulting from improper operation, modified system components, interfaces and parameters, the use of unsuitable organizational means and data carriers, abnormal operating conditions of brandREACH agency or third parties, or transport damages. Errors in printed materials that the client has approved for printing are the sole responsibility of the client. Occasional spelling mistakes cannot be completely excluded even with careful proofreading. They are considered immaterial deviations and do not constitute a warranty claim.

17.5 brandREACH agency takes all technically possible measures to protect stored data but is not liable if third parties gain control over this data through unlawful means. The assertion of claims for damages by the client or third parties against brandREACH agency arising from such context is expressly excluded by mutual agreement.

17.6 In cases of slight negligence, brandREACH agency, its employees, contractors, or other vicarious agents shall not be liable for material or financial damages to the client, regardless of whether they are direct or indirect damages, lost profits, consequential damages, damages due to delay, impossibility, positive breach of contract, inadequate or incomplete performance. The existence of intent or gross negligence must be proven by the client. To the extent that the liability of brandREACH agency is excluded or limited, this also applies to the personal liability of its employees, contractors, or other vicarious agents.

17.7 According to this provision, the Agency brandREACH explicitly excludes any liability for claims made against the client due to the services provided by the Agency brandREACH (such as advertising measures), if the Agency brandREACH has fulfilled its duty to inform or if such a duty was not recognizable to the Agency brandREACH, with slight negligence not being detrimental. Specifically, the Agency brandREACH is not liable for legal costs, the client's own attorney fees, costs of publishing judgments, as well as any claims for damages or similar claims by third parties. The client indemnifies and holds the Agency brandREACH harmless in this regard. The client is therefore obligated to compensate the Agency brandREACH for all financial and other disadvantages (including non-material damages) incurred as a result of third-party claims arising from the services provided.

17.8 Claims for damages by the client expire six months after becoming aware of the damage, but in any case after three years from the act of infringement by the Agency brandREACH. Claims for damages are limited to the net order value.

17.9 If the services of the Agency brandREACH are performed with the involvement of third parties and the client is notified thereof, any warranty and liability claims arising under the law and the terms and conditions of the third party are assigned to the client. The Agency brandREACH assumes no liability or warranty for orders placed with third parties on behalf of and for the account of the client, and/or third-party services.

17.10 Regardless of other legal requirements, the following exclusions and limitations of liability apply to claims for damages against the seller: brandREACH is liable without limitation if the cause of the damage is intentional or grossly negligent. Excluded are damages that have arisen without the involvement of brandREACH, but rather as a result of the use of third-party software. The client is aware that brandREACH does not produce the tools used but rather utilizes products from third-party providers.

17.11 Furthermore, brandREACH is liable for the slightly negligent breach of essential obligations, the violation of which endangers the achievement of the purpose of the contract or the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, brandREACH is only liable for foreseeable damages typical for the contract. brandREACH is not liable for the slight negligent breach of obligations other than those mentioned in the preceding sentences.

17.12 The above limitations of liability do not apply in case of injury to life, body, or health, for defects after assuming a guarantee for the product's quality, and in the case of willful concealment of defects. Liability under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.

 

18. Support & Change Requests

18.1 Ongoing support and maintenance services provided by the Agency brandREACH via telephone, electronic mail, remote access, or on-site are subject to fees and will be invoiced monthly as part of your service contract. Simply send us an email at service@brandreach.at, and you will promptly receive a response and stay informed about the status of your request.

Scope of Service:

• Response Time: 24 hours on business days

• Free support for bug fixes (excluding errors caused by third-party software and user errors)

• Monthly billing for support services

18.2 Change requests, expansion work, and/or modification requests will also be tracked and invoiced based on the actual time spent.

18.3 The fee is determined based on the actual working time. Services rendered are recorded in increments of 30 minutes. All services provided during business hours will be billed according to the hourly rates applicable at the time of service provision by the Agency brandREACH. Business hours are defined as Monday to Friday (excluding statutory holidays) between 9:00 am and 6:00 pm. Upon explicit request, brandREACH can also provide services outside of business hours. The following surcharges apply in such cases:

• Monday to Friday (excluding statutory holidays) between 6:00 pm and 9:00 am: 50% surcharge on the applicable hourly rate at the time of service provision.
• Weekends and full-day statutory holidays: 100% surcharge on the applicable hourly rate at the time of service provision.

 

19. Final provisions and severability clause

19.1 The legal relationships (contracts, orders, and all mutual rights, obligations, and claims derived from them) between the client and the Agency brandREACH are governed by Austrian substantive law, excluding its conflict of law provisions and the UN Sales Convetion.

19.2 The client declares to be a business entity within the meaning of the Austrian Consumer Protection Act (KSchG). The client is liable to the Agency brandREACH for the accuracy of this statement. If these terms and conditions are applied to a contractual relationship with a consumer, these provisions shall only apply to the extent permitted by the KSchG.

19.3 Supplementary agreements, reservations, amendments, or additions to these terms and conditions require written form to be valid; this also applies to deviating from the written form requirement. If individual provisions of these terms and conditions are or become invalid in whole or in part, or if these terms and conditions contain a gap in regulations, this shall not affect the validity of the remaining provisions and the orders and contracts concluded under their basis. The invalid provision shall be replaced by a valid provision that comes closest to its meaning and purpose.

19.4 The place of performance is the registered office of the Agency brandREACH. In the case of shipment, the risk passes to the client as soon as the Agency brandREACH has handed over the goods to the selected carrier.

19.5 The competent court for any disputes arising between the Agency brandREACH and the client is the court having jurisdiction over the registered office of the Agency brandREACH. Notwithstanding this, the Agency brandREACH is entitled to sue the client at its general place of jurisdiction.

19.6 If, in these terms and conditions, designations referring to natural persons are only mentioned in the masculine form, they also refer to women and men equally. When applying the designations to specific natural persons, the respective gender-specific form must be used.