der TACC Media & Production GmbH
The following terms and conditions apply to all contracts, supplies and other achievements offered by TACC Media & Production. By ordering products and services from TACC Media & Production you are agreeing to the following terms and conditions. We contradict deviating regulations of the contracting party hereby expressly. All special agreements require the written confirmation on our part. TACC Media & Production is at any time justified to change or supplement these "Terms and Conditions" including all plants.
A written quotation will be provided prior to commencement of work. Our offers are noncommittal. Deviations in relation to our illustrations or descriptions are possible. The acceptance of a commission shall be deemed as a contractual agreement between the client and TACC Media & Production. Your order is obligatory, the sales contract comes off with the entrance of the confirmation of order/calculation. To the prices specified in the confirmation of order/calculation TACC Media & Production is bound 4 weeks starting from confirmation of order/invoice date, unless it concerns obvious errors.
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to TACC Media & Production for inclusion in projects are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend TACC Media & Production and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
The copyright for all material provided by TACC Media & Production, such as source code, graphics, photographs and text, will remain the property of TACC Media & Production. TACC Media & Production owns copyright to the finished web design site produced by TACC Media & Production. The client will be assigned rights to use the web design project as a web site, once final payment under this agreement and any additional charges incurred have been paid. Rights to source code, work-up files and computer programs are specifically not transferred to the client, and remain the property of their respective owners.
TACC Media & Production and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios, PR etc.. Furthermore TACC reserves the right to brand all published work with the notation: "design and/or programmierung and/or layout and/or production: TACC Media & Production". In printed brochures, books etc. this notation will be on the printout, onweb sites this notation will be in the footer of the home page, will be visible on all subsites and hyperlink to www.tacc.at. If TACC does a programming this notation and a clear reference to the copyright will be in the header of the source code. The notation must not be removed.
If at any point during website or software development, production of brochures etc. a client wishes to cancel, they may do so but will be invoiced an amount that TACC Media & Production judges to be proportional to the amount of work completed on the commission. If, during the development of web sites, brochures, software etc., the client does not supply the content required in order to complete the commission within a reasonable amount of time, TACC Media & Production will consider that the client wishes to cancel the commission.
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend TACC Media & Production and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.
TACC Media & Production supplies by dispatch with the Austrian Post. If anaother dispatch service is wished, developing extra costs are charged for. We usually deliver within 2 working days. In addition come the mail running times, which can vary depending upon kind and range of the transmission. Claims for damages because of delay or default, also such, which developed up to the cancellation of the contrant, are impossible. TACC Media & Production takes in particular no responsibility or other adhesion for damage, which develops in kind from the use of the supplied products.
Clients, customers and individuals that purchase web server hosting are solely responsible for the content and legality, including copyright, of the material they publish. TACC Media & Production is a common carrier. Client agrees to hold TACC Media & Production harmless and defend any challenge to TACC Media & Production for content of material published in client's home page.
TACC Media & Production makes no warranty of any kind for the service it provides. TACC Media & Production disclaims any warranty of merchantability or fitness for any particular purpose or use of its services.
Access to and use of TACC Media & Productiont web servers may be for any lawful purpose, not otherwise prohibited.
TACC Media & Production may recommend specific solutions for a client, but final selection and development is the sole responsibility of the client.
TACC Media & Production is not responsible for the design, changes or modification of a web design unless your page was designed by TACC Media & Production. TACC Media & Production is only responsible for placing the client approved material on the World-Wide-Web and if requested, promoting the site to the public.
TACC Media & Production reserves the right to reject any material that may be deemed illegal or possibly illegal. Any and all adult material contained in web pages must contain appropriate legal notice. The legality of any adult material is the responsibility of the customer. The validation of an individuals age and appropriateness of the material for any individual are the sole responsibility of the client.
Accounts that include domain name registration ALSO requires the customer to make a payment directly to InterNIC. Domain names must follow guidelines and regulations from the InterNIC.
Unless otherwise agreed, the prices quoted in the estimate apply. The statutory sales tax will be added. Payments are, unless otherwise agreed, to be completed as follows:
Within Austria and Germany:
• Hardware, Software: 50% advance payment, 50% at delivery
• Other services: within 10 days without deductions after billing
European Union:
• Hardware, Software, other services: 70% advance payment, balance: matching payment with delivery
• All freight and customs charges are at client's expense
Outside European Union:
• Hardware, Software: 100% advance payment
• Other servioces, work: 50% advance payment, 50% advance payment, balance: matching payment with delivery
• All freight and customs charges are at client's expense
Travel Expenses:
All charges for transportation, daily allowance, and overnight stays, as well as cash expenditures and expenses will be billed separately to the client's account. Thereby applies: mileage allowance: EUR 1,50 / km, Long distance flights: business class, accommodation: four stars standard.
Compliance with the agreed upon dates of payment are essential for the execution of services by TACC Media & Production. In case of delayed payment TACC Media & Production is entitled to additionally charge all resulting expenses and costs, including costs for collection agencies or lawyers, as well as customary default interest to the client's account.
All adduced goods and services remain our property until full payment is received. This applies to delivered products and services as well as the resulting exploitation and patent rights.
Long-term contracts will be billed monthly or yearly and can be terminated in writing 30 days before end of term.
Customer data are not kept longer than necessary. We do not pass your data to third party. Excluded of it are our service partners, which need the transmission of data for handling e. g. hosting, printing etc.. These cases the range of the conveyed data is limited however only to the necessary minimum. Valid legal regulations find in its respective version application.
Users agree to defend, indemnify and hold TACC Media & Production and its affiliates harmless from any and all liabilities, cost and expenses, including reasonable attorney's fees related to or arising from (a) any violation of this agreement, (b) the use of services and products provided by TACC Media & Production or the Internet for the placement or transmission of any message, information, software or other materials on the Internet by customer, (c) negligent acts or omissions by customer's officers or employees, and (d) claims for infringement for patent or copyright arising from customers placement of information on the Internet or TACC Media & Productions systems.
Should be one or several of the managing regulations totally or partly legally ineffective, then thereby the validity of the remaining regulations is not affected. To the place of the ineffective regulations steps retroactively contentwise as same a regulation as possible, which comes the purpose of the intended regulation next.
To all situations addressed not here the regulations planned legally in Austria apply. The area of jurisdiction for both parties is Klagenfurt, Austria. TACC Media & Production keeps itself forwards at the seat of the customer to complain. In the doubt or controversy the Austrian original version of these "Terms and Conditions" applies.
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