General terms and conditions (AGB)
Martin Pletzenauer
Hochtennstraße 3a
5700 Zell am See, Österreich
Tel.: +43 664 8740825
E-Mail: info@pletzenauer.com
1. Scope, conclusion of contract
1.1 pletzenauer - digital consulting or Martin Pletzenauer (hereinafter „Agency“) provides its services exclusively on the basis of the following General Terms and Conditions (AGB). These apply to all legal relationships between the Agency and the customer, even if no express reference is made to them. The AGB apply exclusively to legal relationships with entrepreneurs (B2B).
1.2 The version valid at the time the contract is concluded shall be decisive in each case. Deviations from these as well as other supplementary agreements with the customer are only effective if they are confirmed in writing by the Agency.
1.3 The customer’s terms and conditions are not accepted, even if known, unless expressly agreed otherwise in writing in an individual case. The Agency expressly objects to the customer’s terms and conditions. No further objection is required.
1.4 Changes to the AGB will be notified to the customer and are deemed agreed if the customer does not object to the amended AGB in writing within 14 days. The customer will be expressly informed of the significance of silence in the notification.
1.5 Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the binding nature of the remaining provisions. The invalid provision shall be replaced by a valid one that comes closest to its meaning and purpose.
1.6 The Agency’s offers are subject to change and non-binding.
2. Social media channels
Before the order is placed, the Agency expressly informs the customer that the providers of social media platforms (e.g. Facebook, Instagram, LinkedIn; hereinafter: providers) reserve the right in their terms of use to reject or remove advertisements and advertising appearances for any reason. The providers are not obliged to forward content to users. There is therefore a risk, which the Agency cannot calculate, that advertisements will be removed without reason. In the event of a complaint by another user, the content is removed immediately; restoring the lawful state may take time. The Agency works on the basis of these terms of use, over which it has no influence. By placing the order, the customer expressly acknowledges that these terms of use co-determine the rights and obligations of the contractual relationship. The Agency cannot guarantee that the commissioned campaign will be accessible at all times.
3. Protection of concepts and ideas
If the potential customer has invited the Agency in advance to create a concept, and the Agency complies with this invitation before conclusion of the main contract, the following applies:
3.1 Through the invitation and its acceptance, the potential customer and the Agency already enter into a contractual relationship („Pitching Contract“). These AGB also form the basis of this contract.
3.2 The potential customer acknowledges that the Agency already provides cost-intensive preliminary services with the development of the concept, although the customer itself has not yet assumed any performance obligations.
3.3 In its linguistic and graphic parts, insofar as these reach the level of originality (Werkhöhe), the concept is protected by the Copyright Act (Urheberrechtsgesetz). Use and editing of these parts without the Agency’s consent is not permitted.
3.4 Furthermore, the concept contains advertising-relevant ideas that do not reach the level of originality and therefore do not enjoy the protection of the Copyright Act. These ideas stand at the beginning of every creative process. Protected are those elements of the concept that are distinctive and give the marketing strategy its characteristic character. As an idea within the meaning of this agreement, in particular advertising slogans, advertising texts, graphics, illustrations and advertising materials are regarded as such, even if they do not reach the level of originality.
3.5 The potential customer undertakes not to exploit or use the creative advertising ideas presented by the Agency within the framework of the concept commercially without concluding a main contract.
3.6 If the potential customer is of the opinion that ideas were presented to it that it had already conceived before the presentation, it must notify the Agency of this within 14 days of the presentation by e-mail, citing evidence.
3.7 Otherwise, the contracting parties assume that the Agency has presented a new idea to the potential customer. If the idea is used, it is to be assumed that the Agency was thereby meritorious (verdienstlich).
3.8 The potential customer can free itself from its obligations by paying reasonable compensation plus 20 % value added tax. The release takes effect only after full receipt of the payment.
4. Scope of services, order processing and the customer’s duties to cooperate
4.1 The scope of the services to be provided results from the service description in the agency contract or an order confirmation by the Agency as well as from the briefing protocol. Subsequent changes to the content of the services require written confirmation by the Agency. Within the framework specified by the customer, the Agency has creative freedom in fulfilling the order.
4.2 All services of the Agency (in particular preliminary drafts, sketches, final artwork, copies and electronic files) are to be checked by the customer and approved within three working days of receipt. If they are not approved in time, they are deemed approved.
4.3 The customer shall make all information and documents required for the provision of services available to the Agency in a timely and complete manner. It shall inform the Agency of all circumstances relevant to the execution of the order, even if these only become known during execution. The customer shall bear the expense arising from incorrect, incomplete or subsequently changed information.
4.4 The customer is obliged to check the documents provided (photos, logos, etc.) for copyrights, trademark rights, identifier rights or other third-party rights (rights clearing) and guarantees that the documents are free of third-party rights. In the event of slight negligence or after fulfilment of its duty to warn, the Agency is not liable for an infringement of such rights. If the Agency is held liable by a third party due to such an infringement of rights, the customer shall indemnify and hold the Agency harmless and compensate it for all disadvantages, in particular the costs of appropriate legal representation. The customer undertakes to support the Agency in defending against third-party claims.
5. External services / commissioning of third parties
5.1 The Agency is entitled at its own discretion to perform the service itself, to use expert third parties as vicarious agents in providing the contractual services, or to substitute such services („external service“).
5.2 The commissioning of third parties within the framework of an external service is carried out either in the Agency’s own name or in the name of the customer. The Agency selects third parties carefully and pays attention to their professional qualification.
5.3 Insofar as the Agency commissions necessary or agreed external services, the respective contractors are not vicarious agents of the Agency.
5.4 The customer shall assume obligations towards third parties that extend beyond the contract term. This also applies in the event of termination of the agency contract for good cause.
6. Deadlines
6.1 Stated delivery or performance periods are only approximate and non-binding unless expressly agreed as binding. Binding date arrangements must be recorded in writing or confirmed in writing by the Agency.
6.2 If the delivery/performance of the Agency is delayed for reasons for which it is not responsible (e.g. force majeure or other unforeseeable events), the performance obligations are suspended for the duration of the impediment and the deadlines are extended accordingly. If such delays last for more than two months, the customer and the Agency are entitled to withdraw from the contract.
6.3 If the Agency is in default, the customer can only withdraw from the contract after it has set the Agency a reasonable grace period of at least 14 days in writing and this has elapsed without result. Claims for damages by the customer due to non-performance or default are excluded, except upon proof of intent or gross negligence.
7. Premature termination
7.1 The Agency is entitled to terminate the contract with immediate effect for good cause. Good cause exists in particular if:
- the performance of the service becomes impossible for reasons for which the customer is responsible, or continues to be delayed despite the setting of a grace period of 14 days;
- the customer continues to violate essential contractual obligations despite a written warning with the setting of a grace period of 14 days;
- there are justified concerns regarding the customer’s creditworthiness and the customer, at the Agency’s request, neither makes advance payments nor provides security.
7.2 The customer is entitled to terminate the contract for good cause without setting a grace period. Good cause exists in particular if the Agency continues to violate essential contractual provisions despite a written warning with a reasonable grace period of at least 14 days.
8. Fee
8.1 Unless otherwise agreed, the Agency’s claim to a fee for each individual service arises as soon as that service has been provided. The Agency is entitled to demand advance payments to cover its expenses. From an order volume with an (annual) budget of € 400.– or for services extending over a longer period, the Agency is entitled to request interim invoices, advance invoices or payments on account.
8.2 The fee is understood as a net fee plus value added tax at the statutory rate. In the absence of an agreement in an individual case, the Agency is entitled to a fee at the market rate for the services provided and for the transfer of the copyright and identifier rights of use.
8.3 All services of the Agency that are not expressly covered by the agreed fee shall be remunerated separately. All cash expenses incurred by the Agency are to be reimbursed by the customer.
8.4 Cost estimates of the Agency are non-binding. If it is foreseeable that the actual costs will exceed those estimated in writing by the Agency by more than 15 %, the Agency will inform the customer of the higher costs. The cost overrun is deemed approved if the customer does not object in writing within three working days of this notice and indicate more cost-effective alternatives. In the case of a cost overrun of up to 15 %, separate notification is not required; this is deemed approved by the client.
8.5 For all work of the Agency that, for whatever reason, is not brought to execution by the customer, the Agency is entitled to the agreed remuneration. The set-off provision of § 1168 ABGB is excluded. By paying the remuneration, the customer acquires no rights of use whatsoever to work already provided; non-executed concepts, drafts and other documents are to be returned to the Agency without delay.
9. Payment, retention of title
9.1 The fee is due for payment immediately upon receipt of the invoice and without deduction, unless special payment terms are agreed in writing in an individual case. This also applies to the on-charging of all cash expenses and other expenditures. The goods delivered by the Agency remain the property of the Agency until full payment of the remuneration.
9.2 In the event of the customer’s default in payment, the statutory default interest at the rate applicable to entrepreneurial transactions applies. Furthermore, the customer undertakes to reimburse the Agency for the dunning and collection costs incurred, insofar as they are necessary for appropriate legal action. This includes in any case the costs of two reminder letters in the amount of € 20.– each as well as a reminder letter from a commissioned lawyer. The assertion of further rights remains unaffected.
9.3 In the event of default in payment, the Agency may declare all services and partial services provided within the framework of other contracts immediately due.
9.4 The Agency is not obliged to provide further services until the outstanding amount has been settled (right of retention). The obligation to pay the remuneration remains unaffected by this.
9.5 If payment in instalments has been agreed, the Agency reserves the right, in the event of late payment of partial amounts, to demand immediate payment of the entire outstanding debt (loss of term benefit).
9.6 The customer is not entitled to set off its own claims against claims of the Agency, unless the customer’s claim has been recognised in writing by the Agency or established by a court.
10. Ownership and copyright
10.1 All services of the Agency, including those from presentations (e.g. suggestions, ideas, sketches, preliminary drafts, final artwork, concepts, electronic files), remain the property of the Agency and can be reclaimed at any time – in particular upon termination of the contractual relationship. By paying the fee, the customer acquires the right of use for the agreed purpose of use. In the absence of an agreement to the contrary, the customer may use the Agency’s services exclusively in Austria. The acquisition of rights of use and exploitation of the Agency’s services requires full payment of the fees invoiced. If the customer uses the Agency’s services before this point, this use is based on a loan relationship that can be revoked at any time.
10.2 Changes or modifications to services of the Agency, such as their further development by the customer or third parties, are only permitted with the express consent of the Agency and – insofar as the services are protected by copyright – of the author.
10.3 For the use of services of the Agency that goes beyond the originally agreed purpose and scope of use, the consent of the Agency is required – regardless of whether this service is protected by copyright. For this, the Agency and the author are entitled to separate reasonable remuneration.
10.4 For the use of services of the Agency or of advertising materials for which the Agency has developed conceptual or design templates, the consent of the Agency is likewise necessary after expiry of the agency contract – regardless of whether this service is protected by copyright.
10.5 For uses pursuant to para. 4, the Agency is entitled in the 1st year after the end of the contract to the full agency remuneration agreed in the expired contract. In the 2nd and 3rd year after expiry of the contract, only half and a quarter, respectively, of the agreed remuneration. From the 4th year onwards, no further agency remuneration is to be paid.
10.6 The customer is liable to the Agency for any unlawful use in double the amount of the fee appropriate for this use.
11. Attribution
11.1 The Agency is entitled to refer to the Agency and the author on all advertising materials and in all advertising measures, without the customer being entitled to any remuneration for this.
11.2 Subject to the customer’s written revocation, which is possible at any time, the Agency is entitled to refer to the existing or former business relationship with the customer by name and company logo on its own advertising media and in particular on its website (reference notice).
12. Warranty
12.1 The customer must report defects without delay, in any case within eight days of delivery/performance by the Agency, in writing with a description of the defect. Hidden defects must be reported within eight days of being detected; otherwise the service is deemed approved. In this case, the assertion of warranty and damage claims as well as the right to contest on the grounds of error due to defects is excluded.
12.2 In the event of a justified and timely notice of defect, the customer is entitled to improvement or replacement of the delivery/performance by the Agency. The Agency will remedy the defects within a reasonable period, whereby the customer enables the Agency to take all measures necessary for investigation and remedy of the defect. The Agency is entitled to refuse improvement of the service if this is impossible or involves disproportionately high effort. In this case, the customer is entitled to the statutory rights of rescission or price reduction. In the case of improvement, it is incumbent on the client to transmit the defective (physical) item at its own cost.
12.3 It is incumbent on the client to carry out the examination of the service for its legal admissibility, in particular under competition, trademark, copyright and administrative law. The Agency is only obliged to carry out a rough examination of the legal admissibility. In the event of slight negligence or after fulfilment of a duty to warn, the Agency is not liable to the customer for the legal admissibility of content if this was specified or approved by the customer.
12.4 The warranty period is six months from delivery/performance. The right of recourse against the Agency pursuant to § 933b para. 1 ABGB lapses one year after delivery/performance. The customer is not entitled to withhold payments due to complaints. The presumption rule of § 924 ABGB is excluded.
13. Liability and product liability
13.1 In cases of slight negligence, any liability of the Agency and its employees, contractors or other vicarious agents („people“) for property or financial damage of the customer is excluded, irrespective of whether it is a matter of direct or indirect damage, lost profit or consequential damage caused by defects. The injured party must prove the existence of gross negligence. Insofar as the liability of the Agency is excluded or limited, this also applies to the personal liability of its „people“.
13.2 Any liability of the Agency for claims raised against the customer on the basis of the service provided by the Agency is expressly excluded if the Agency has complied with its duty to warn or such a duty was not recognisable to it. In particular, the Agency is not liable for litigation costs, the customer’s own lawyer’s fees or costs of publication of judgments, nor for claims for damages or other third-party claims; the customer shall indemnify and hold the Agency harmless in this respect.
13.3 Claims for damages by the customer lapse six months after knowledge of the damage; in any case, however, three years after the Agency’s act of infringement. Claims for damages are limited in amount to the net order value.
14. Data protection
The customer consents to its personal data (name/company, profession, date of birth, commercial register number, powers of representation, contact person, business address and other addresses, telephone number, fax number, e-mail address, bank details, credit card data, VAT number) being collected, stored and processed in an automation-supported manner for the purpose of contract fulfilment and customer support as well as for the Agency’s own advertising purposes (e.g. for sending offers, advertising brochures and newsletters in paper and electronic form) as well as for the purpose of referring to the existing or former business relationship with the customer (reference notice). The client agrees that electronic mail may be sent to it for advertising purposes until revoked.
This consent can be revoked at any time in writing by e-mail, fax or letter to the contact details given in the header of the AGB.
15. Applicable law
The contract and all mutual rights and obligations derived from it, as well as claims between the Agency and the customer, are subject to Austrian substantive law, excluding its conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods.
16. Place of performance and place of jurisdiction
16.1 The place of performance is the registered office of the Agency. In the case of dispatch, the risk passes to the customer as soon as the Agency has handed over the goods to the transport company chosen by it.
16.2 The court with subject-matter jurisdiction for the registered office of the Agency is agreed as the place of jurisdiction for all legal disputes arising between the Agency and the customer in connection with this contractual relationship. Notwithstanding this, the Agency is entitled to sue the customer at its general place of jurisdiction.
16.3 Insofar as designations referring to natural persons are stated only in the masculine form in this contract, they refer to women and men in the same way. When applying the designation to specific natural persons, the respective gender-specific form is to be used.
As of: January 2026