General Terms and Conditions (GTC) of Traundesign

1. Definitions

1.1. Agency: Traundesign, providing advertising, design, and marketing services.
1.2. Customer: The individual or company commissioning services from the Agency.
1.3. Work: All creative deliverables, including designs, campaigns, and related materials.
1.4. Usage Rights: The right to use the Work as defined in these GTC, including national and international rights.

2. Scope of Services

2.1. The Agency offers services in the areas of advertising, design, and marketing, as outlined in the respective contract or offer.
2.2. Changes or extensions to the agreed scope of services must be approved in writing and will be billed according to the agreed hourly rates or additional fees.

3. Payment Terms

3.1. A 50% deposit of the agreed total cost is due upon commissioning.
3.2. The remaining 50% is due upon project completion.
3.3. Payments must be made in full within 14 days of the invoice date without deductions.
3.4. Late payments are subject to default interest in accordance with § 456 UGB.
3.5. Non-refundable costs for third-party services (e.g., licensing, printing) must be reimbursed by the Customer upon invoicing.

4. Hourly Rates

4.1. The Agency charges the following hourly rates:

• Concept and Strategy: €120–140 per hour.

• Design and Creative Execution: €100–120 per hour.

• Technical Services (e.g., web development): €80–100 per hour.
  4.2. Specific hourly rates are determined in the project proposal or contract.
  4.3. Rush projects requiring expedited timelines are subject to a 20% surcharge.

5. Iterations During the Design Phase

5.1. A maximum of two iterations are included in the design phase.
5.2. Additional changes beyond the second iteration will be charged according to the hourly rates outlined in Section 4.

6. Customer Obligations

6.1. The Customer agrees to provide all necessary information, materials, and documents required for the project in full and on time.
6.2. Delays caused by the Customer’s lack of cooperation are not the responsibility of the Agency.

7. Copyright and Usage Rights

7.1. Ownership: All copyright and usage rights remain with the Agency until full payment of the agreed fees.
7.2. National Usage Rights:
Upon full payment, the Customer acquires non-exclusive usage rights for the agreed purpose within Austria.

• These rights are compensated at 50–100% of the creative fee.

7.3. International Usage Rights:

• EU-wide campaigns are compensated at 200–300% of the creative fee.

• Worldwide campaigns are compensated at 400–600% of the creative fee.

7.4. Time Limitation: Unless otherwise agreed, usage rights are granted without time limitation. For time-limited usage, the rights expire automatically after the agreed term.
7.5. Portfolio Rights: The Agency reserves the right to showcase the Work in its portfolio, on its website, and for self-promotion unless explicitly restricted by the Customer.
7.6. Alterations and Transfer: Any modification of the Work or transfer to third parties without the Agency’s consent is prohibited.

8. Confidentiality

8.1. Both parties agree to keep all project-related information confidential and not disclose it to third parties without prior written consent.
8.2. This clause remains in effect after the project’s completion.

9. Force Majeure

9.1. The Agency is not liable for delays or non-performance caused by circumstances beyond its control, including natural disasters, pandemics, government regulations, or other unforeseen events.
9.2. In such cases, deadlines may be adjusted, and both parties will agree on a reasonable solution.

10. Liability

10.1. The Agency is only liable for gross negligence and intent. Liability for indirect damages, loss of profit, or consequential damages is excluded.
10.2. The Customer is responsible for the legal review of the Work.

11. Termination

11.1. Either party may terminate the contract for good cause.
11.2. Services rendered up to the termination date shall be compensated on a pro-rata basis.
11.3. Non-refundable third-party costs incurred by the Agency must be reimbursed by the Customer.

12. Dispute Resolution

12.1. Any disputes arising from this agreement shall first be resolved through mediation.
12.2. If mediation fails, disputes shall be subject to the exclusive jurisdiction of the courts at the Agency’s registered office.

13. Final Provisions

13.1. Austrian law applies.
13.2. Should any provision of these GTC be invalid, the remaining provisions remain unaffected.