Terms and Conditions

webconsulting business services gmbh

These terms apply exclusively to B2B contracts between webconsulting business services gmbh and entrepreneurs or companies under the Austrian Corporate Code (UGB). Consumer sales do not occur.

1. Scope and Contract Formation

  • Customers confirm they act as entrepreneurs or on behalf of companies when placing online orders.
  • Services are provided solely based on these terms, written offers, service descriptions, and order confirmations. Deviating conditions require explicit written consent.
  • Contracts conclude upon clicking the order button online. Previous website representations are non-binding.
  • Individual invalid provisions do not affect the validity of remaining terms.

2. Scope of Services and Use

  • The scope of services derives from descriptions, offers, or product presentations.
  • The agency may develop, modify, or replace functions with equivalent services without materially affecting the contract's purpose.
  • Access must be used personally or company-specific. Unauthorized sharing or misuse is prohibited.
  • AI-generated results serve as support. Customers remain responsible for reviewing all content for accuracy, legality, and viability.

3. Cooperation Obligations

  • Customers must provide required information, access credentials, and approvals promptly.
  • Correct company and billing details are necessary for subscriptions.
  • Changes to billing data, contacts, or tax information must be reported immediately.
  • Customers bear responsibility for the lawfulness of provided content and data.

4. Prices and Payment

  • All prices are net plus applicable VAT, unless reverse charge or tax exemption applies.
  • Payment processing occurs via Polar Software Inc. (Polar.sh) as Merchant of Record.
  • Reverse charge may apply for intra-EU B2B services with valid VAT ID.
  • Payments are immediately due. The agency may suspend access for failed payments.

5. Subscription

  • SaaS services are provided as ongoing subscriptions.
  • Subscriptions auto-renew monthly unless canceled before the billing period ends.
  • Cancellation occurs through customer portals or written notice to the agency.
  • Price changes receive 30+ days advance notice.

6. Copyright and Usage Rights

  • All rights to concepts, software, designs, texts, and work products remain with the agency or respective rights holders.
  • Full payment grants customers non-exclusive, non-transferable usage rights within agreed scopes.
  • Redistribution, sublicensing, or use outside agreed purposes requires explicit written consent.
  • Open-source and third-party components follow their respective license terms.

7. Artificial Intelligence and Third-Party Platforms

  • AI use complies with applicable regulations, particularly the EU AI Act where relevant.
  • AI-generated content, analyses, or suggestions may contain errors, incompleteness, or bias and do not replace professional review.
  • The agency provides no guarantees for content or economic success from AI, social media, search engines, or third-party platforms.

8. Warranty and Liability

  • Warranty periods extend six months from service delivery. Defects require prompt written notice with documentation.
  • Agency liability for negligence is excluded except for personal injury and mandatory legal obligations.
  • Liability is capped at the compensation paid over the last 12 months.
  • Force majeure, cyberattacks, governmental actions, or hosting/payment/AI provider outages suspend obligations proportionately.

9. Data Protection

  • Data processing follows GDPR, the Austrian Data Protection Act (DSG), and the privacy policy at webconsulting.at/datenschutz.
  • Customers confirm the lawful transmission of third-party data.

10. Applicable Law and Jurisdiction

  • Austrian substantive law applies, excluding conflict-of-laws rules and UN purchase law.
  • Jurisdiction for disputes lies in Mattersburg, Austria.
  • Performance location is the agency's registered office.
For inquiries about these terms, contact: office@webconsulting.at