General Payment Terms

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 payment terms (hereinafter referred to as "GPT") of brandREACH KG, with its registered office at Porzellangasse 37/18, 1090 Vienna (hereinafter referred to as "brandREACH Agency"), aim to establish rights and obligations between brandREACH Agency and its clients and create clear contractual conditions in business transactions. brandREACH Agency provides its services exclusively based on these GPT. These GPT apply to all legal relationships between brandREACH Agency and its clients, even if not expressly referred to.

1.2  The version valid at the time of contract conclusion shall prevail. Deviations from these GPT or any other supplementary agreements with the client shall only be effective if confirmed in writing by brandREACH Agency. Any general terms and conditions of the client will not be accepted by brandREACH Agency, even if acknowledged, unless expressly and specifically agreed otherwise in individual cases. brandREACH Agency explicitly objects to the general terms and conditions of the client. No further objection to the general terms and conditions of the client by brandREACH Agency is required.

1.3  Changes to these GPT shall be notified to the client and shall be deemed agreed upon unless the client objects to the amended GPT in writing within 14 days. The client shall be explicitly informed about the significance of their silence in the notification. It is agreed that in the event of changes to the GPT, notification to the client via email to the email address provided to brandREACH Agency shall be sufficient.

2. Framework and Formation

2.1 Unless otherwise agreed upon in writing, the entitlement to payment for each individual service provided by brandREACH Agency arises upon its completion. brandREACH Agency is entitled to request advances to cover its expenses. In particular, the client undertakes to make a down payment of 50 percent of the total amount stated in the cost estimate, offer, or contract upon request. brandREACH Agency is authorized to execute orders only upon receipt of advance payment. In the case of orders that consist of multiple units or stages of work or extend over a longer period, brandREACH Agency is permitted to invoice after the delivery of each individual unit or service or to issue interim invoices.

2.2  The remuneration is understood as net remuneration plus statutory value-added tax. In the absence of an agreement in individual cases, brandREACH Agency is entitled to a remuneration of a customary amount for the services provided and for the compensation/assignment of copyright and trademark rights, but at least 100 percent of the contract sum.

2.3  All services provided by brandREACH Agency that are not explicitly covered by the agreed remuneration shall be separately compensated. Any additional services rendered will be invoiced based on the hourly rates applicable at the time of service provision by brandREACH Agency, according to the actual effort expended. The client shall reimburse all cash outlays and/or travel expenses incurred by brandREACH Agency. Travel time shall be considered working time.

2.4 For all services of brandREACH Agency that, for whatever reason, are not implemented by the client, brandREACH Agency is entitled to reasonable compensation. The offsetting provision of §1168 of the Austrian Civil Code (ABGB) is excluded. By paying the remuneration, the client does not acquire any rights to these services; instead, any concepts, designs, and other documents that were not executed must be promptly returned to brandREACH Agency.

2.5  Our accounting is conducted digitally, which is environmentally friendly. Invoices are exclusively sent via electronic mail, and no hard copy will follow (§ 11 UStG).

3. Payment

3.1 The payment term is 14 days from the invoice date and is due for payment in full without deduction, unless special payment terms are agreed upon in writing in individual cases. This also applies to the pass-through of all cash expenses and other costs. The goods or services delivered by brandREACH Agency remain the property of brandREACH Agency until full payment of the remuneration, including all ancillary obligations.

3.2 In case of default in payment by the client, default interest of 15% p.a. is agreed upon. In the event of payment default, the client undertakes to bear all costs and expenses associated with the collection of the claim, including dunning fees, collection costs, or other necessary costs for legal enforcement. This includes, at least, the costs of a dunning letter in a customary amount, currently at least EUR 20.00 per reminder, as well as those of a lawyer commissioned for the collection. The assertion of further rights and claims remains unaffected.

3.3 In the event of payment default by the client, brandREACH Agency may immediately declare all other orders, contracts, services, and partial services concluded with the client as due for payment. Furthermore, brandREACH Agency is not obligated to provide any further services until the outstanding remuneration has been settled (right of retention). The obligation to pay the remuneration remains unaffected. In particular, brandREACH Agency is also entitled to suspend ongoing services or suspend contractual services until full payment of the remuneration is made and/or terminate the order or contract with immediate effect, without the client being entitled to a claim for damages. In this case, the client shall compensate brandREACH Agency for the services already rendered and the costs incurred. If payment is agreed in installments, brandREACH Agency reserves the right to demand immediate payment of the entire outstanding debt in case of non-payment of installments or ancillary claims within the specified deadlines (forfeiture of installment terms).

3.4 The client is not entitled to set off their own claims against claims of brandREACH Agency unless the client's claim has been acknowledged in writing by brandREACH Agency or has been established by a court.

3.5 The client agrees to receive invoices from brandREACH Agency exclusively by electronic mail.

3.6 The costs of money transfers for international transactions (outside the EU) are to be borne by the client.

4. Final provisions and severability clause

4.1 Supplementary agreements, reservations, modifications, or additions to these General Payment Terms require written form to be valid; this also applies to deviations from the written form requirement. Should individual provisions of these General Payment Terms be wholly or partially invalid or if the General Payment Terms contain a regulatory gap, this shall not affect the validity of the remaining provisions and the orders and contracts concluded under their application. The invalid provision shall be replaced by a valid provision that comes closest to its intended purpose and meaning.

4.2 Wherever in these General Payment Terms designations referring to natural individuals are only mentioned in the masculine form, they apply to both women and men equally. When applying these designations to specific natural individuals, the respective gender-specific form is to be used.