Terms and conditions
Last updated 28 August 2025
These Terms and Conditions in the following Terms govern all legal relations between SCHMUT/WEISS GmbH in the following SCHMUT/WEISS we us our and its contracting partners in the following Client. The Terms primarily apply to business customers. For consumers mandatory consumer protection rules prevail. By using the website https://schmutweiss.com by submitting inquiries booking appointments or commissioning services these Terms are deemed accepted. Conflicting client terms do not apply unless expressly agreed in writing. Individual written agreements prevail over these Terms.
Provider and contact
SCHMUT/WEISS GmbH
Sieveringer Straße 9/13
1190 Vienna
Austria
Email office@schmutweiss.com
1) Scope of services
We provide strategy design development operations and consulting services for websites webshops web applications content and digital communication. Type scope quality timeline and fees follow from the offer statement of work order confirmation or master services agreement in the following Agreement. Ancillary services are only owed if expressly agreed. Third party services such as hosting email delivery payment conferencing and project management are obtained in the name and for the account of the Client unless otherwise agreed.
We may engage suitable subcontractors. No claim exists for personal performance by specific individuals.
2) Client cooperation
The Client provides all information materials accesses and approvals required for performance in due time and usable form and appoints a decision maker. The Client provides all content such as texts images logos product data legal texts and mandatory information and is responsible for their accuracy lawfulness and currency.
Delays in cooperation acceptance or approvals extend deadlines. Extra effort caused by missing late or defective cooperation will be charged in addition at agreed rates.
3) Fees invoicing payment
Quotes are non binding unless expressly time limited. Prices are net plus VAT duties and out of pocket expenses. Travel costs third party fees licenses and data transfer costs are billed in addition. Partial services may be invoiced separately.
Invoices are due within 14 calendar days without deduction unless otherwise agreed. In case of default statutory default interest applies plus collection and reminder costs. For deteriorating creditworthiness or repeated default we may require prepayment or security and suspend deadlines.
Set off is permitted only with claims that are final and binding or acknowledged by us in writing. Rights of retention may be exercised only for claims from the same contractual relationship.
4) Price adjustment and indexation
Our recurring fees and ongoing rates are adjusted annually on 1 January by the Austrian Consumer Price Index VPI 2020 published by Statistik Austria. Base index equals the index published for the month of offer submission or contract signature. New price equals old price times current index divided by base index. Decreases and increases are applied symmetrically. If VPI 2020 ceases to be published the successor index applies otherwise the Harmonised Index of Consumer Prices HVPI. Notification may be provided on the invoice or in text form. The term VGI in these Terms is understood as a reference to VPI unless another index is agreed in writing.
Statutory changes in taxes fees or third party costs may be passed through accordingly.
5) Change requests
Client requested changes additions or extra services are provided on a time and materials basis at current rates or against an additional fee. Deadlines shift accordingly. Work already started will be billed.
6) Schedule acceptance
Dates are binding only if confirmed in writing and all cooperation duties were fulfilled. For deliverables a formal acceptance takes place. The Client examines the services without undue delay. If no substantiated defect notice is given in text form within 10 calendar days acceptance is deemed to have occurred. Productive use publication or rollout equals acceptance. For merchants the inspection and notification duty under § 377 UGB applies.
7) Warranty
For business customers warranty is limited to 6 months from acceptance or delivery. Warranty requires proper notification. For justified reproducible defects we will at our choice remedy replace or reasonably reduce the price. Further warranty claims are excluded. No warranty is given for third party software open source components browsers operating systems device environments and interfaces. No compatibility or availability warranty is given.
For services without a work result we owe a duty of care not a specific outcome. Rankings conversions or revenues are not warranted.
8) Liability limitation indemnification
We are liable without limitation for intent and for personal injury as required by law. For gross negligence we are liable for typical foreseeable damages. For slight negligence liability is excluded. For consumers statutory protections apply.
We are not liable for lost profits production downtime data loss interest loss indirect or consequential damages pure economic loss or claims of third parties. For business contracts liability is capped at the annual contractual fee or for project engagements at the fee paid for the project.
The Client indemnifies and holds us harmless against third party claims arising from content data brands advertising statements competition law or copyright violations and unlawful use supplied or caused by the Client and bears the costs of legal defence.
9) Force majeure and third party dependencies
Events beyond our control constitute force majeure. Examples include power and network outages data centre failures pandemics governmental acts war strike natural events major security incidents software defects of providers and supply chain disruptions. Performance periods extend by the duration of the disruption plus a reasonable restart time. Claims for damages due to delays caused by force majeure are excluded.
Where services depend on third parties such as hosting domain email payment conferencing project management and advertising platforms we perform subject to continuous availability of these services. We are not liable for outages interface changes or policy changes of such providers.
10) Intellectual property licences references
Unless agreed otherwise title and exclusive rights in deliverables including source code concepts designs and scripts remain with us until full payment. Upon full payment the Client receives a non exclusive non transferable licence unlimited in time and territory for the agreed contractual purpose. Any transfer sublicensing or exploitation beyond the contractual purpose requires our written consent. Our generic libraries frameworks tools templates and know how remain our intellectual property.
Client supplied materials remain the Client’s property. The Client grants the rights required for performance.
We may use the Client’s name logo project descriptions and non confidential excerpts and screenshots as references in portfolios social media pitches and awards. The Client may object in writing for good cause before publication.
11) Third party materials open source fonts stock and licences
If third party assets open source components fonts images videos music or libraries are used their licences apply in addition. Paid licences are procured only upon the Client’s instruction or by the Client. The Client must comply with licence terms on an ongoing basis and communicate them on transfer to third parties. Open source components may require source code disclosure or specific obligations. We accept no liability for licence breaches by the Client.
Fonts. Where a commercial font is used that is not free of charge we inform the Client in advance. The Client decides on its use and procures the licence unless otherwise agreed in writing. Changes to the licensor’s terms must be observed by the Client.
12) Data protection confidentiality security
We process personal data in accordance with our Privacy Policy. Both parties keep confidential information trade and business secrets confidential and use them only for contract performance. This duty continues for 3 years after contract end. Statutory disclosure duties remain unaffected.
We implement appropriate technical and organisational security measures. Absolute security on the internet cannot be guaranteed.
13) Website content disclaimer links and availability
Website content is created with care. Nevertheless we assume no warranty for correctness completeness currency and availability at all times. All information and downloads are provided on an as is and as available basis.
We are not responsible for external content linked from our website. Responsibility for linked pages lies with their operators. A permanent content control of linked pages is not reasonable without concrete indications of a legal violation. Upon becoming aware of violations links will be removed promptly.
We accept no liability for interruptions or losses resulting from technical issues maintenance updates or force majeure.
14) Term termination rescission suspension
Unless otherwise agreed term contracts run for an indefinite period with a notice period of 3 months to month end. The right to extraordinary termination for cause remains unaffected. Important reasons include material payment default breach of cooperation duties legal violations or breach of confidentiality and licence duties.
In case of early termination attributable to the Client the services rendered to date are payable. Started flat fees are considered earned proportionally. Non cancellable third party and licence costs are borne by the Client.
For payment default repeated breaches or reasonable suspicion of unlawful content we may temporarily suspend services until the reason ceases.
15) Withdrawal rights
Business customers have no statutory right of withdrawal. For consumers the statutory rules apply. Digital content not supplied on a tangible medium can be exempt from withdrawal if performance starts early with the consumer’s explicit consent.
16) Non disclosure and competition
Without our consent results briefings conditions and internal documentation may not be published or shared with competitors. A right to handover of working or project files exists only if contractually agreed.
17) Assignment set off retention
Rights and duties under the Agreement may not be assigned or transferred without our written consent. We may assign receivables for financing purposes.
18) Final provisions
Amendments supplements and side agreements require written form. This also applies to any waiver of the written form requirement. If any provision is wholly or partly invalid the remaining provisions remain unaffected and the invalid provision is replaced by a valid one closest to the economic purpose.
Austrian substantive law applies excluding conflict rules. The CISG does not apply. Place of performance is Vienna. Exclusive place of jurisdiction is Vienna unless mandatory law provides otherwise.
19) Marketing SEO tracking and platforms
Success in marketing SEO ads and social media depends on numerous factors beyond our control. No promises are made regarding rankings reach leads conversions revenue or similar metrics. Platform operators may change rules algorithms and advertising policies at any time. We are not liable for bans rejections or account closures by platforms.
Use of analytics and tracking tools takes place only under the Client’s instruction and legal responsibility. Legal information and consent duties in particular under DSG DSGVO and TKG 2021 are the Client’s responsibility unless otherwise agreed in writing.
20) Electronic communication signatures and contract conclusion
Contracts may be concluded in writing in text form or electronically. Electronic declarations are deemed received once retrievable in the recipient’s sphere. A handwritten signature is not required unless mandatory law requires it.
21) Support operations service levels
Unless a separate service level agreement exists we do not owe specific availability reaction or recovery times. Maintenance updates migrations security patches and necessary changes to third party services may lead to temporary impairments.
22) Reference withdrawal
The Client may object to reference use for good cause. The objection must be made in writing before publication and state the good cause. Already produced print and advertising materials may be used until stock is depleted.
23) Severability version and effect
If any provision is invalid the remainder stays effective. The invalid provision is replaced by a valid one closest to its economic intent.
Disclaimer for website and content
All content on https://schmutweiss.com is for general information purposes only and does not claim to be complete, accurate, or up to date. Use of the website is at your own risk. We accept no liability for damages arising from the use of the information, downloads, scripts, examples, or other content. Linked content is the responsibility of the respective providers. Links will be removed immediately upon notification of any legal violations.