Terms of Service
The following general terms and conditions regulate the services provided by WebHead for the client.
The following general terms and conditions (hereinafter referred to as terms and conditions) are part of all contracts in written and electronic form with WebHead (Artinsoft Gmbh) in Willi Hafenscher-Gasse 14, 2331 Vösendorf (hereinafter referred to as WebHead) and the customer (hereinafter referred to as client). These terms and conditions apply for all current and future WebHead projects and services for the client, even if no explicit reference is made to the terms and conditions when the contract is concluded. The subject and scope of the services are regulated in the corresponding offers and contracts.
- Offer and prices
WebHead offers are valid for 14 days from the date of issue. The prices in an offer, in another written or verbal agreement and on this website are net prices. This means that the prices are exclusive of the legally applicable sales tax.
- Formation of a contract
Einem Vertragsabschluss geht immer ein unverbindliches Erstgespräch zwischen WebHead und dem Auftraggeber voraus. Ein Auftrag gilt als erteilt, wenn von WebHead ein schriftliches oder mündliches Angebot dem Auftraggeber unterbreitet und dieses innerhalb von 14 Tagen nach dem Ausstellungsdatum im vollem Umfang schriftlich oder per E-Mail oder durch das Unterzeichnen eines Vertrages bestätigt wurde. Nachträgliche Änderungen des Auftragsumfangs durch den Auftraggeber bedarf einer schriftlichen Genehmigung durch WebHead.
- Obligations of the client
The client must ensure that the graphics, texts and documents transmitted for the implementation of the order do not violate any copyrights or other rights of third parties. WebHead is not liable for any violations of these rights. The responsibility lies solely with the client. Furthermore, the client provides the information and files required for the implementation of the project on time.
- Performance dates
Specified concept or completion dates are guidelines and are not binding unless a binding date has been set. Binding dates must be agreed in writing. If the client does not provide the documents and files required for the implementation of the project in a timely manner, especially if this circumstance makes finalization of the project much more difficult or impossible, WebHead is entitled to terminate the contract and all agreements. The services rendered up to that point will be invoiced after working hours.
- Delivery of the invoice
The invoice will be sent to the client after completion of the order. This applies to orders without ongoing support, but WebHead is entitled to issue interim or partial invoices during the order period. Service contracts with a service period over a longer period as well as installment payments will be charged monthly or quarterly (quarterly) in advance, unless otherwise agreed in writing. Unless otherwise agreed, invoices will be sent to the client by email (in PDF format) or by post.
Unless otherwise agreed in writing, the invoice is due no later than 7 days from the invoice date and without deduction. Failure to meet the payment deadline will result in default interest of 10% and reminder fees of EUR 4 per reminder being charged.
- Property reservation
WebHead remains in possession of the service until it has been paid for in full.
The contract can be terminated (withdrawal) by the customer at any time without giving reasons and is verbal (by phone) or in writing (mail, post) to Artinsoft, Willi Hafenscher-Gasse 14, 2331 Vösendorf, Tel: 0660 586 16 40 or by Mail to email@example.com . The termination (cancellation notice) must contain a clear statement (e.g. the decision to terminate the contract for the service). Until then, the services rendered by WebHead will be billed and invoiced after working hours. The termination comes into force immediately – with the exception of long-term service contracts, which are regulated separately below.
Sample cancellation form→ Withdrawal: Artinsoft GmbH Willi Hafenscher-Gasse 14 2331 Vösendorf Österreich
Withdrawal of project order Please simply send an email with this information to firstname.lastname@example.org oder postalisch an Artinsoft GmbH, Willi Hafenscher-Gasse 14, 2331 Vösendorf.
Sender (customer): (Kunde):
I hereby terminate the order placed for the creation of the agreed web project with immediate effect and take note that the services provided so far by WebHead are billed and invoiced after working hours.
The termination of a longer-term service contract – i.e. contracts with advance payments – by the client (e.g. maintenance or SEO optimization over several months) comes into force from the following month of the respective month up to which the advance payment was made. A refund is not possible because the services have already been performed.
Sample termination form → performance contract with advance payment:
Artinsoft GmbH Willi Hafenscher-Gasse 14 2331 Vösendorf Austria
Termination of the service contract
Please simply send an email with this information to email@example.com or by post to Artinsoft GmbH, Willi Hafenscher-Gasse 14, 2331 Vösendorf.
Client (customer): Name: Address:
I hereby terminate my service contract with WebHead. I take note that the cancellation takes effect from the following month of the respective month up to which the prepayment has been made. A refund is not possible because the services have already been performed.
In both cases, please note that a signature is required for postal delivery.
An automatic termination comes into force when the agreed performance period of a contract has ended.
An extraordinary termination will be carried out by WebHead if the client violates these terms and conditions despite repeated warnings.
- Completion and handover
Unless otherwise agreed in writing, the project is submitted to the client as a draft for assessment before completion. After his approval and any corrections, the project is completed and handed over to the client on a suitable data carrier or by uploading to a web server. After the project data has been handed over to the client, WebHead is not obliged to save the data. For orders without a visually measurable result (e.g. search engine optimization, online marketing, public relations …), a report on the services will be sent to you at regular intervals. As a rule, such a report will be sent together with the monthly or quarterly invoice.
- Acceptance by the client
After completing and handing over a web or design project, the client is obliged to accept the project if the service provided by WebHead meets the contractual requirements.
The time limit for acceptance is 7 days from the date of delivery. The client undertakes to check the web or design project and to test the functions. Any defects must be reported immediately, but at the latest after 7 days. WebHead will quickly correct the complaints. The web or design project is considered accepted and approved if the client within 14 days from the day of the
Delivery does not indicate any defects. Changes after acceptance are subject to a charge. Webhead’s hourly rate is € 50.
Orders that do not fall into the area of website design, graphic design and print design are not affected by the acceptance by the client, since such acceptance is not possible in these cases due to the lack of a visual result. In these cases, WebHead will inform the client in an appropriate manner (reports) about the performance of the services.
- Web hosting and domain
In the area of web hosting and domain, WebHead acts as an intermediary between the client and the hosting provider. The registration of the domain can be arranged by the client himself or after authorization from WebHead by the provider. WebHead has no influence on the fact that the requested domain is actually assigned to the client by the responsible registration authority. If the domain is registered successfully, the client is entered with all rights and obligations as the domain owner. The domain owner is fully responsible for the information provided on the hosting product provided by the provider. With regard to web hosting and the domain, the general terms and conditions of the third-party provider apply (provider, domain registration office). Any liability by WebHead is excluded in this context. Unless otherwise agreed in writing, the web hosting and domain are billed directly via the hosting provider or with an annual amount of € 100, billed internally via WebHead also called “service fee for Web hosting and domain ”. Cancellation of the web hosting and the domain will result in the deletion of all data. The client is responsible for any data backup, unless WebHead is commissioned to do so. Such an order will be charged separately by WebHead. – billed internally via WebHead, also called “service fee for web hosting and domain”. Cancellation of the web hosting and the domain will result in the deletion of all data. The client is responsible for any data backup, unless WebHead is commissioned to do so. Such an order will be charged separately by WebHead. – billed internally via WebHead, also called “service fee for web hosting and domain”. Cancellation of the web hosting and the domain will result in the deletion of all data. The client is responsible for any data backup, unless WebHead is commissioned to do so. Such an order will be charged separately by WebHead.
- Marking and reference
Unless otherwise agreed in writing, WebHead reserves the right to place a label (link) on the individual pages of the client’s web solution free of charge (“made with * herz * webhead”). This link consists of either a graphic or a text and is designed in the appearance of the client’s page so that it is not distracting. For a predetermined amount, the client can have WebHead remove this identification (link). Otherwise the client is not entitled to remove this information.
Unless otherwise agreed in writing, WebHead reserves the right to present the projects commissioned by a client and created by WebHead as a reference, including a description, on the WebHead homepage.
- Rights of use, license key
Unless otherwise agreed in writing, WebHead grants the client a simple and non-transferable right of use for the respective purpose after full payment of all services. This means that if WebHead provided services for the design of an Internet presence, the use of this web solution by the client is restricted to use on the Internet. An exception to this are logos, graphics, photo design and print types – for the services rendered by WebHead you receive an unlimited right of use in terms of time and place.
Regardless of this, in some cases WebHead provides fee-based license keys from third parties to the client for the duration of the business relationship free of charge. This mostly applies to the use of paid plugins and developments in CMS systems (for example “Multi-language extension” in WordPress). If in these cases the client terminates the business relationship with WebHead, the client’s free right to use the relevant license keys expires with immediate effect.
This can result in an internet presence no longer functioning properly. In order to counteract this, the client has the option, after the termination of the business relationship with WebHead, to acquire permanent use of the relevant license key from WebHead.
- Disclaimer of liability
WebHead is not liable for any damage related to the use of the services provided. Any liability for consequential damage is excluded. Furthermore, the client is solely responsible for the content. Faults and damage caused by faulty software (e.g. CMS systems) that are not caused by WebHead are not accepted by WebHead. WebHead assumes no liability for data loss. Unless otherwise agreed in writing, the client is responsible for data backup.
Personal data that is disclosed in the course of a business relationship is collected, saved and processed by WebHead as part of the business relationship. The data is only used for the purposes of service provision, administration and referencing.
The following data is collected: The collection of the listed data is kept to an absolute minimum. Only those data are collected that are absolutely necessary for the respective contact, business or contractual relationship.
- Personal data and master data (last name, first name, address, email address, nationality, telephone and fax number, date of birth, marital status, customer number as well as language and vehicle registration number, etc.);
- Legitimacy data in travel documents (passport number, passport data, date of birth, issuing authority, nationality, duration) and ID cards (ID card, driver’s license etc. including issuing authority and duration);
- Image and sound data
With agreed payment by installments:
- Bank details
- WERE GOING
Referencing can be:
- Publication of a customer project on this website in the reference pages.
- Publication on this website in the customer list.
- Publication of ratings and comments on this website.
- Share on social networks.
- If necessary, marketing in a newsletter.
Personal data is only passed on when registering a domain to the responsible domain registrar and when setting up a web server to the responsible provider, unless this is done by the customer himself.
Furthermore, no further transfer of personal data to third parties or a comparison of them takes place, unless WebHead is obliged to pass on the data due to mandatory legal regulations to authorities and state institutions.
The duration of storage is based on the duration of our business relationship, the consent you have given, and also on the statutory retention requirements and legal obligations that apply to us.
WebHead undertakes to keep all knowledge of business matters as well as business and trade secrets confidential, which are made available by the client for the provision of services.
WebHead is entitled to process the client’s personal data entrusted to it within the scope of the business relationship and to reference projects.
- Dispute settlement
Complaints and online dispute resolution in consumer matters according to Article 14 paragraph 1 (ODR-VO):
WebHead strives to reach an agreement with the customer at all times. In the event of a complaint, you can contact us at firstname.lastname@example.org. Together we will find a solution to your satisfaction.
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/. The OS platform is a contact point for out-of-court settlement of disputes arising from online services and purchase processes.
We are not obliged to participate in a dispute settlement procedure before a consumer arbitration board and are generally not prepared to do so.
- Fulfillment and jurisdiction
The place of fulfillment is the seat of WebHead (web design company Artinsoft GmbH). The court in whose jurisdiction the headquarters of WebHead falls is responsible for litigation.
- Final provisions
All ancillary and special agreements or deviations from the points mentioned require the written form to be legally effective. If individual points of these GTC become ineffective due to changes, the remaining provisions remain fully effective.
A client’s terms and conditions only apply if WebHead agrees to them in writing.