General terms and conditions
1. Scope
These terms and conditions apply to all contracts between Weblux PLATZHALTER: company name and address as entered in the Firmenbuch (company register) (“we”) and you (“you”) for the creation and operation of websites.
We work exclusively for businesses within the meaning of § 1 UGB. By placing an order, you confirm that you are ordering for your business. The Konsumentenschutzgesetz (Consumer Protection Act) and the right of withdrawal under the FAGG therefore do not apply. PLATZHALTER: clarify how start-up transactions (§ 1 Abs. 3 KSchG) are handled
Any deviating terms and conditions of yours only apply if we expressly agree to them.
2. Conclusion of contract
You order in the customer portal by choosing a package, accepting these terms and conditions and clicking “Kostenpflichtig bestellen” (Order with obligation to pay). The contract is concluded as soon as we confirm your order by email. We send the confirmation automatically immediately after the order.
We may reject an order within 14 days, for example if the requested content is unlawful. In that case, we refund any amounts already paid in full.
3. Services
The scope of services is determined by the chosen package as described at the time of the order:
- Auftritt: Website with up to 5 pages, domain, hosting, updates and security. €290 one-off, €29 monthly (net, excl. VAT).
- Kundenmagnet: Auftritt plus online booking or a blog. €490 one-off, €49 monthly (net, excl. VAT).
- Kundenmaschine: Auftritt plus online booking and a blog. €590 one-off, €59 monthly (net, excl. VAT).
Included are the creation of the website based on your information, hosting, SSL encryption, technical updates and security measures for the term of the contract.
You commission minor changes (for example texts, photos, opening hours, prices) via the customer portal. PLATZHALTER: scope of the included changes per month and price for larger changes
Domain: PLATZHALTER: Who registers the domain, in whose name, and is it included in the price? Email mailboxes are not included. PLATZHALTER: confirm
4. Your cooperation
You provide the content that only you know: information about your business, texts or key points, photos, logo and the mandatory information for the imprint. You are responsible for this content, in particular for ensuring that it is accurate and that you hold the necessary rights to it (for example to photos). If third parties bring claims against us because of your content, you shall indemnify and hold us harmless.
Before the website goes live, we send you a draft for approval. The website only goes live after your approval. PLATZHALTER: What applies if no approval is given (e.g. approval is deemed given after 14 days)?
5. Use of AI
We create drafts, texts and designs with the help of AI tools and review the results before handover. Please check the content of your website for factual accuracy before approving it, especially information on services, prices and legal matters.
6. Prices and payment
The prices of the chosen package at the time of the order apply. All prices are net prices plus statutory VAT.
The one-off setup fee is due within 14 days of the order confirmation. PLATZHALTER: Do we only start work once payment has been received?
The monthly fee is payable from the calendar month following the website's go-live, in each case in advance by the 5th of the month. The easiest way is to set up a standing order with the payment reference from the payment information.
In the event of late payment, we charge default interest in accordance with § 456 UGB. If a payment remains outstanding despite a reminder with a grace period of 14 days, we may take the website offline until payment is received.
7. Term and termination
The contract runs for an indefinite period. Both you and we may terminate it with effect from the end of a calendar month. PLATZHALTER: notice period (e.g. 14 days) and minimum term (none?) Notice of termination by email is sufficient.
The setup fee is not refunded upon termination. The right to terminate for good cause remains unaffected.
When the contract ends, we take the website offline. On request, we send you your own content (texts, photos, logo). PLATZHALTER: Can the finished website (design, code) be taken over, and at what price?
8. Rights
Your content remains yours. We make the design and program code of the website available to you for use for the duration of the contract.
We only name your website as a reference with your express consent.
9. Availability
We operate the websites on servers in the EU and ensure high availability. We cannot technically guarantee constant accessibility, for example during maintenance work or disruptions at third parties. Where possible, we schedule planned maintenance at low-traffic times.
10. Warranty and liability
We remedy defects within a reasonable period after notification. The warranty is governed by the statutory provisions.
We are only liable for damage in cases of intent and gross negligence. This does not apply to personal injury. Liability for loss of profit and consequential damage is excluded to the extent permitted by law. PLATZHALTER: maximum liability amount (e.g. total fees of the last 12 months)?
We provide templates for the imprint and privacy policy as an aid. They do not replace legal advice; you remain responsible for the legal information on your website.
11. Data protection and processing on behalf
How we process your data is set out in our privacy policy.
Insofar as we process personal data on your behalf, for example enquiries via your website's contact form or appointment bookings, we do so as your processor under Art. 28 GDPR. PLATZHALTER: data processing agreement as an annex to these terms and conditions
12. Changes to these terms and conditions
We notify you of changes to these terms and conditions by email at least one month before they take effect. If you do not agree, you may terminate the contract by then. If you do not terminate, the amended terms and conditions apply from the stated date. We point out this consequence to you in the notification.
13. Final provisions
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law. The place of jurisdiction is the court with subject-matter jurisdiction for the registered office of Weblux. PLATZHALTER: confirm court
Declarations by email satisfy the agreed written form requirement. If a provision is invalid, the remaining provisions remain valid; it is replaced by a provision that comes closest to its purpose.