Cancelling a Herold contract for a website or advertising

Which rules apply to your contract

Your contract consists of two parts: the order form (or the confirmation of your online order) and the general terms and conditions (AGB). Herold publishes the AGB for marketing services, i.e. website, SEA, SEO, online advertising and listings, on its “Nutzungsbedingungen” (terms of use) page. The version currently available is labelled V08 and dated 15 March 2025.

Important: according to this version, contract renewals are governed by the AGB valid at the time of renewal. So an older contract may by now be running under a newer version. What is on the order form, such as the minimum contract term or an individually agreed price, takes precedence over the general rules. That's why you should always read both documents together.

This page summarises the publicly available version of the AGB. It does not replace a look at your own documents, nor is it legal advice.

Term, renewal and notice period

According to section VI of the AGB, the minimum contract term stated on the order form applies. It starts on the invoice date, not on the day the website goes live.

For a subscription, the contract renews automatically by the originally agreed minimum term, but by no more than one further year at a time. This happens if you don't cancel in writing at least one month before the end of the term. According to the AGB, an email to kundenservice@herold.at is enough.

If you cancel before the term ends, according to the AGB you still have to pay the fee for the remaining term. Both sides can terminate extraordinarily for good cause. According to the AGB, Herold itself can end a subscription with three months' notice to the end of any calendar quarter.

• Look up the minimum contract term on the order form
• Find the date of the first invoice: the term runs from then
• Work out the end of the current term and subtract one month
• Put the date in your calendar, with a few days' buffer

Domain, email and content: who owns what

This is the biggest risk when switching. According to section II(2) of the AGB, the layout, structure, design and source code of the website created with the Herold CMS, as well as the content provided by Herold, belong to Herold or its technology partners. You only have a right of use for the duration of the contract. This right expires when the contract ends, and according to the AGB, taking the website with you, including layout, text, design and content, is ruled out.

On the domain, the AGB say: a website package includes a domain of your choice. When the contract ends, the domain is returned to Herold. Transferring the rights to the domain to you is only possible with Herold's express consent and for a fee. A change of provider is possible with Herold's consent, but does not replace cancellation. Statements about the domain must be made in writing.

According to the AGB, email mailboxes depend on the domain agreement and end automatically with it. For Google Ads campaigns, Herold sets up its own account, which according to the AGB you have no access to, either during or after the contract. According to the AGB, you can't take an assigned call-tracking phone number with you.

• Domain: who is registered as the owner? For .at, the nic.at Whois lookup shows the details of companies publicly.
• Email: which addresses do you use, and where are the old messages stored?
• Texts and photos: which ones did you supply yourself, and do you still have the originals?
• Ad accounts: do Google or Meta campaigns run through Herold's accounts?

Businesses are not consumers

Many people look for a right of withdrawal or a short notice period like with mobile phone contracts. That doesn't apply to your business. Under § 1 KSchG, the Konsumentenschutzgesetz (Consumer Protection Act) governs transactions between businesses and consumers. The Fern- und Auswärtsgeschäfte-Gesetz (FAGG, Distance and Off-Premises Contracts Act) likewise only applies to contracts with consumers under § 1 FAGG. The WKO (Austrian Chamber of Commerce) states that there is no 14-day right of withdrawal under § 11 FAGG in purely B2B dealings.

The Herold AGB state explicitly that only businesses within the meaning of § 1 UGB (Commercial Code) can place orders. A contract you signed or concluded by phone for your business is therefore a business-to-business transaction.

Still, you are not entirely without protection. The ABGB (Civil Code) contains two rules for terms and conditions that are not limited to consumers: under § 864a ABGB, unusual, disadvantageous clauses do not become part of the contract if you didn't have to expect them and weren't specifically made aware of them. Under § 879 Abs. 3 ABGB, a clause in terms and conditions that does not define the main obligation and grossly disadvantages you is void. Whether this applies to a specific clause can only be assessed by legal advice in the individual case.

Cancelling correctly

Cancel in writing and in a way that lets you prove receipt. The AGB name email to kundenservice@herold.at. Keep the sent email and every reply. In your cancellation, expressly ask for written confirmation stating the date on which the contract ends.

If you have several products, such as website, listing and Google advertising, name them all with customer number and contract number. If you have planned a change of provider for the domain, cancel explicitly anyway: according to the AGB, a change of provider does not affect the contractual relationship. If you start the change of provider too late, according to the AGB Herold may have the cancelled domain deleted on the cancellation date.

• Company name, address, customer number, contract number
• Which products you are cancelling
• Cancellation “at the earliest possible date”, so that a miscalculated deadline doesn't invalidate everything
• Request for written confirmation of the end of the contract
• A separate sentence on the domain: request for transfer or change of provider, asking for the conditions

Step by step

1. Gather your documents

   Find the order form, order confirmation, the first invoice and all emails about the contract. Download the current version of the AGB from herold.at and put everything in one folder.

2. Work out the term and deadline

   According to the AGB, the minimum term starts with the invoice date. Work out the end of the current period and subtract one month. That is your last day to cancel.

3. Check the domain owner

   Do a Whois lookup at nic.at or request a domain certificate there. This shows you who is registered as the owner and which registrar manages the domain.

4. Save your content

   Save your own texts, photos, logos and price lists in original quality. Export important emails from the mailboxes. Take screenshots of the pages as a reference for the new website.

5. Clarify the domain question in writing

   Ask Herold in writing whether, and on what terms, the domain can be transferred to you or moved to another provider. According to the AGB, this needs Herold's consent.

6. Cancel in writing

   Send the cancellation in good time by email to kundenservice@herold.at, with all contract numbers and a request to confirm the end of the contract. Keep proof of sending.

7. Prepare the new website

   Have the new website built so that it is ready before the contract ends. Then on the cut-off date you only need to switch the domain and won't be offline.

8. Check the switchover

   After switching, check the website, incoming email and your listings on Google and on maps. Also check that no invoice for a further term arrives.

Common mistakes

• Counting the deadline from the day the website went live. According to the AGB, the invoice date counts.
• Cancelling just before the end of the term and leaving the domain question open. Then there's no time for a transfer or change of provider, and email addresses stop working.
• Assuming a change of provider ends the contract. According to the AGB, you still need to cancel explicitly.
• Relying on a consumer right of withdrawal. If you order for your running business, the KSchG and the 14-day right of withdrawal under the FAGG usually don't apply.
• Not having your own copies of texts and photos. According to the AGB, you may not keep using the website itself after the contract ends.
• Cancelling verbally on the phone and having no proof.

Frequently asked questions