General Terms and Conditions

Beyond Tech GmbH
Wienerbergstraße 9, 1100 Vienna
Kasernenstraße 9, 7000 Eisenstadt
Commercial Register Number: 639015 d
[email protected]
www.beyondtech.at

1. Validity, Conclusion of Contract

1.1 Beyond Tech GmbH (hereinafter “Beyond Tech”) offers digital solutions for the energy sector, ranging from the development, operation, and further development of websites, web and mobile applications to the optimization of CRM systems and digital tools. Through methodical consulting, Beyond Tech supports digital transformation with services in cloud computing, app development, marketing and project management, as well as operation and maintenance.

1.2 The version valid at the time of contract conclusion shall apply. This also applies without restriction to all contract adjustments as well as additional, reduced, and hourly services. Deviations from these, as well as other supplementary agreements with the client, are only effective if confirmed in writing by Beyond Tech.

1.3 Any terms and conditions of the client will not be accepted, even if known, unless otherwise expressly agreed in writing in individual cases. Beyond Tech expressly objects to the client’s General Terms and Conditions. No further objection by Beyond Tech to the client’s General Terms and Conditions is required.

1.4 Changes to the General Terms and Conditions will be communicated to the client and are deemed agreed if the client does not object in writing within 14 days; the client will be expressly informed of the significance of silence in the communication.

1.5 Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on their basis. The invalid provision shall be replaced by a valid one that comes closest to its meaning and purpose.

1.6 Beyond Tech’s offers are, unless otherwise agreed in writing, non-binding and subject to change.

2. Social Media Channels

2.1 Before placing orders for social media services, Beyond Tech expressly informs the client that providers of “social media channels” (e.g., Facebook, Twitter, LinkedIn, etc., hereinafter referred to as: providers) reserve the right in their terms of use to reject or remove advertisements and appearances for any reason. Providers are therefore not obliged to forward content and information to users. There is therefore a risk, which cannot be calculated by Beyond Tech, that so-called posts and appearances will be removed without cause. In the event of a complaint from another user, providers do allow for a counter-statement, but even in this case, the content is immediately removed first. The restoration of the original, lawful state can take some time in this case. Beyond Tech operates on the basis of these terms of use of the providers, over which it has no influence, and also bases the client’s order on them. The client expressly acknowledges with the placement of the order that these terms of use co-determine the rights and obligations of any contractual relationship. Beyond Tech intends to execute the client’s order to the best of its knowledge and belief and to comply with the guidelines of “social media channels.” Due to the currently valid terms of use and the easy possibility for any user to claim legal infringements and thus achieve the removal of content, Beyond Tech cannot guarantee that commissioned appearances/accounts and content will always be available.

2.2 For the provision of services, Beyond Tech requires unrestricted access to existing or newly created social media appearances/accounts. The client selects appropriate usernames and passwords that can be easily used by Beyond Tech to process these accounts and the content to be distributed from them.

2.3 The client hereby expressly agrees that Beyond Tech, in accordance with the underlying order previously agreed upon and confirmed with the client (cf. points 4, 5 and 6), may independently create and publicly distribute posts on behalf of the client.

3. Concept and Idea Protection

If the potential client has already invited Beyond Tech in advance to create a concept for social media accounts and/or content, and Beyond Tech accepts this invitation before the conclusion of the main contract, the following regulations apply:

3.1 By the invitation and its acceptance by Beyond Tech, the potential client and Beyond Tech enter into a contractual relationship (“Pitching Agreement”). These General Terms and Conditions also form the basis of this agreement.

3.2 The potential client acknowledges that Beyond Tech incurs significant upfront costs in developing the concept, even though it has not yet assumed any performance obligations.

3.3 The concept, in its linguistic and graphic parts, insofar as they reach the level of originality, is protected by copyright law. The use and processing of these parts without Beyond Tech’s consent is not permitted to the potential client, even under copyright law.

3.4 The concept also contains relevant ideas that do not reach the level of originality and therefore do not enjoy copyright protection. These ideas are at the beginning of every creative process and can be defined as the spark for everything subsequently produced and thus as the origin of marketing strategies. Therefore, those elements of the concept that are unique and give the marketing strategy its characteristic imprint are protected. Ideas within the meaning of this agreement include, in particular, keywords, texts, graphics and illustrations, advertising materials, etc., even if they do not reach the level of originality.

3.5 The potential client undertakes to refrain from commercially exploiting or having exploited, or using or having used, these creative ideas presented by Beyond Tech within the concept outside the framework of a main contract to be concluded later.

3.6 If the potential client believes that Beyond Tech presented ideas to them that they had already conceived before the presentation, they must notify Beyond Tech by email within 14 days of the presentation date, providing evidence that allows for chronological attribution.

3.7 In the opposite case, the contracting parties assume that Beyond Tech has presented a new idea to the potential client. If the idea is used by the client, it is assumed that Beyond Tech has rendered a meritorious service.

3.8 The potential client can release themselves from their obligations under this point by paying reasonable compensation plus applicable sales tax. The release only takes effect after full receipt of the compensation payment by Beyond Tech.

4. Scope of Services, Order Processing, and Client’s Cooperation Obligations

4.1 The scope of services to be provided results from the service description, the offer, or any order confirmation by Beyond Tech, as well as any briefing protocol (“Offer Documents”). Subsequent changes to the content of the services require written confirmation by Beyond Tech. Within the framework specified by the client, Beyond Tech has creative freedom in fulfilling the order.

4.2 All services provided by Beyond Tech (in particular all preliminary drafts, sketches, final drawings, proof copies, blueprints, copies, color prints, and electronic files) must be reviewed by the client and approved by them within three working days of receipt by the client. After this period expires without feedback from the client, they are deemed approved by the client.

4.3 The client will provide Beyond Tech with all information, documents, premises, and, if necessary, all specially required machines and equipment in a timely and complete manner, which are necessary for the provision of the service. They will inform Beyond Tech of all circumstances relevant to the execution of the order, even if these only become known during the execution of the order. The client bears the costs incurred if work has to be repeated, additionally performed, or delayed by Beyond Tech due to incorrect, incomplete, or subsequently changed information provided by the client.

4.4 The client is further obliged to check the documents provided by them for the execution of the order (photos, logos, etc.) for any copyrights, trademark rights, proprietary rights, or other third-party rights (rights clearance) and guarantees that the documents are free of third-party rights and can therefore be used for the intended purpose. If Beyond Tech is to create or procure necessary material (images, graphics, etc.) for the provision of digital marketing or consulting services, Beyond Tech may also use digital platforms such as Shutterstock, Canva, or Pixabay. If the client exclusively requests free images/graphics, such as those on Pixabay, Beyond Tech assumes no liability for the existence of the respective usage rights. Beyond Tech is not liable in the case of merely slight negligence or after fulfilling its duty to warn – in any case, in the internal relationship with the client – for an infringement of such third-party rights by provided documents. If Beyond Tech is sued by a third party due to such a legal infringement, the client shall hold Beyond Tech harmless and indemnify it; the client must compensate Beyond Tech for all disadvantages incurred by it due to a third-party claim, in particular the costs of adequate legal representation. The client undertakes to support Beyond Tech in defending against any third-party claims. For this purpose, the client shall provide Beyond Tech with all documents unsolicited.

4.5 The aforementioned points apply equally to maintenance and servicing, i.e., all services necessary to maintain the operational readiness and operation of the components to be maintained.

4.6 For software licenses acquired through Beyond Tech from third parties, e.g., for Zoho products, the respective valid General Terms and Conditions of the respective licensor apply. Beyond Tech has no influence on their General Terms and Conditions, associated pricing schemes, or changes in functionalities and scope of services of the individual software licenses, and therefore cannot be held liable for them. However, Beyond Tech is available to the client as an initial point of contact for questions or technical problems, possibly for a fee.

5. Term & Termination

5.1 The term for the provision of services for projects ends with the handover of the deliverable from Beyond Tech to the client and its acceptance. Acceptance and confirmation of handover must be in writing.

5.2 For ongoing services, the notice period specified in the order confirmation applies. If no notice period is specified therein, a notice period of three months for both contracting parties is deemed agreed. Any changes to the notice period require mutual, written consent.

5.3 A contract can be terminated unilaterally for good cause and with immediate effect. This includes the following:

• Violation of the obligations stated in the contract or the General Terms and Conditions
• Filing for insolvency proceedings
• Passing or issuing of a resolution by creditors for insolvency, restructuring, winding-up, liquidation, or dissolution to the other party
• Appointment of a receiver or insolvency administrator for the assets of the other party
• Confirmation by the other party that it is unable to meet its obligations when due
• Handling of out-of-court transactions by a privately appointed representative
• The other party no longer operating its business as a going concern

5.4 All assured services that can still be provided up to the effective date of termination must still be provided and handed over by Beyond Tech. The services already provided and handed over up to the effective date of termination must still be accepted and remunerated accordingly by the client.

5.5 For software licenses acquired through Beyond Tech, the termination periods set by the licensor apply. Should these extend beyond a terminated contractual relationship between the client and Beyond Tech, all rights and obligations arising from the license agreement with the respective licensor shall automatically be transferred to the client upon the effective date of termination of the contract with Beyond Tech.