Terms & Conditions
General Terms and Conditions (GTC) for B2B (Business Customers)
I. Preamble
These General Terms and Conditions (hereinafter referred to as "GTC") govern the contractual relationship between the Copywriter and Ghostwriter (hereinafter referred to as "Contractor") and their business customers (hereinafter referred to as "Client") for the provision of services, particularly in the areas of copywriting and ghostwriting.
II. Services of the Contractor
The Contractor shall perform the agreed services to the best of their knowledge and ability.
The scope of services shall be specified in a separate offer, which must be confirmed by the Client.
III. Client's Duties of Cooperation
The Client shall provide all necessary information, materials, and specifications in a timely manner to enable the proper provision of services by the Contractor.
The Client is obligated to promptly inform the Contractor of any changes to the provided information or specifications.
IV. Remuneration and Payment Terms
The remuneration for the services provided shall be determined according to the price specified in the offer.
The Contractor reserves the right to provide services only against advance payment. Payment is due without deduction within 10 days of invoicing.
In the event of late payment, default interest will be charged at the statutory rate.
V. Changes to the Scope of Work
If the Client wishes to change the scope of the contractual services, they must notify the Contractor in writing. The Contractor will then assess the consequences of the requested change, particularly concerning remuneration, additional effort, and deadlines, and will submit a corresponding new offer if the change is feasible.
If no new offer can be submitted or if the new offer is not accepted, the original scope of services shall remain in place.
VI. Revisions (Feedback Loops)
After the service has been completed, a revision may be requested. Such requests for changes must be submitted by the Client within five days of the respective service provision via email to the Contractor. Precise and detailed information specifying the type of change and the reason for requesting a change is required for this purpose. Professional and scientific standards will be used as decision criteria for implementing the requests. After the aforementioned period the service is considered accepted by the Client.
If the Client requests further revisions, these must be paid for separately. The Contractor will provide an offer if this is desired.
The Contractor is entitled to refuse revisions if the Client has not paid a due invoice amount, if the revision requests are not comprehensible or feasible, or if the revision is requested solely for subjective reasons of taste.
VII. Warranty
The Contractor warrants that the services provided shall meet the agreed contractual requirements and be free from substantial defects.
A defect is deemed to exist if the services provided deviate from the agreed specifications or are otherwise unsuitable for the intended purpose, provided that this purpose was known to the Contractor at the time of contract conclusion.
The Client is obligated to inspect the provided services immediately upon receipt and to report any defects in writing. Obvious defects must be reported within 14 days of service provision; otherwise, the service is deemed approved, and defect rights can no longer be asserted.
In the case of justified and timely reported defects, the Contractor has the right, at their discretion, to either remedy the defect or provide a replacement service within a reasonable period. If rectification fails or is unreasonable for the Contractor, the Client is entitled to reduce the remuneration accordingly or to withdraw from the contract in the case of significant defects.
Warranty rights lapse if the defect is due to improper use, faulty or incomplete information provided by the Client, or if the services provided are altered by the Client without the Contractor's consent. There is no warranty obligation for minor deviations from the agreed specifications or for insignificant impairments of usability.
VIII. Delivery Deadlines
A desired delivery date shall be set by the Client in such a way that, taking into account all time-consuming factors, timely delivery and revisions are possible from both real and perceived perspectives. The Client is obligated to specify delivery deadlines when requesting and to agree to them as part of the contract. The Contractor is not liable for faulty or delayed deadline specifications by the Client. A delivery deadline is considered met if the contractually agreed service has been demonstrably provided or sent to the Client.
The Contractor is not liable for delays caused by force majeure (e.g., strikes, lockouts, official orders, general disruptions in telecommunications, pandemics, etc.) and circumstances within the Client's responsibility (e.g., timely provision of cooperation services; defects due to unclear, incorrect, or incomplete orders; incomplete communication of an order) and is entitled to postpone the delivery of the respective services for the duration of the hindrance plus a reasonable startup period. Delays due to force majeure must be communicated as soon as possible, if possible.
IX. Ownership
Insofar as a contractual service includes the granting of usage rights, the Client acquires the simple, non-exclusive right to use the created works. This includes, in particular, the right to reproduce the work, translate the work, distribute, and make the work publicly accessible or to have it carried out by third parties. The Client also acquires the right to integrate the intellectual services into their own works.
The usage rights are transferred only upon full payment of the entire contractual service.
X. Liability
- The Contractor is liable only for damages caused intentionally or by gross negligence.
In the case of slight negligence, the Contractor is liable only for the breach of essential contractual obligations (material obligations). In this case, liability is limited to the contract-typical foreseeable damage.
Liability for indirect damages, loss of profit, data loss, or other consequential damages is excluded.
The Client's liability is, as far as legally permissible, limited to the contract value.
Claims for damages by the Client against the Contractor become time-barred within six months from knowledge of the damage and the injuring party, but no later than two years after the service has been provided.
These liability limitations do not apply to liability under the Product Liability Act, to personal injuries, or in cases of liability due to injury to life, body, or health, as well as in cases of mandatory legal liability.
XI. Confidentiality
The Contractor undertakes to treat all information received from the Client as confidential and not to disclose it to third parties, unless disclosure is necessary for the provision of the service.
This confidentiality obligation continues even after the termination of the contractual relationship.
XII. Data Protection
The Contractor collects, processes, and uses the Client's personal data only to the extent necessary to fulfill the contractual obligations or if the Client has expressly consented. The processing of personal data is carried out in compliance with the provisions of the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (Datenschutzgesetz – DSG).
The data collected will be used exclusively for the execution of the respective contractual relationship and will not be disclosed to third parties unless this is necessary for the fulfillment of the contract or the Contractor is legally obliged to do so.
The Client's personal data will only be stored for as long as it is necessary for the fulfillment of the contract or due to legal retention obligations.
Further information on data protection can be found on the Contractor's website at: www.verbalvision.eu
XIII. Final Provisions
Amendments and additions to these GTC must be made in writing.
Austrian law applies to the exclusion of the UN Sales Law. The place of jurisdiction is Innsbruck, Austria.
If any provision of these GTC is invalid or should become invalid, the validity of the remaining provisions shall remain unaffected.
General Terms and Conditions (GTC) for B2C (Consumer Customers)
I. Preamble
These General Terms and Conditions (hereinafter referred to as "GTC") govern the contractual relationship between the Copywriter and Ghostwriter (hereinafter referred to as "Contractor") and consumers (hereinafter referred to as "Customer") for the provision of services, particularly in the areas of copywriting and ghostwriting.
II. Services of the Contractor
The Contractor shall perform the agreed services to the best of their knowledge and ability.
The scope of services shall be specified in a separate offer, which must be confirmed by the Customer.
III. Right of Withdrawal
In the case of distance contracts, Customers residing in the European Union generally have a right of withdrawal, which is subject to national legal provisions. However, the right of withdrawal does not apply to services that are made to the Customer's specifications or are clearly tailored to the Customer's personal needs. As the Contractor generally provides services according to the Customer's specifications, there is no right of withdrawal. If the Customer is ordinarily resident outside Austria, mandatory consumer protection provisions of the country in which the Customer has their usual residence remain unaffected.
IV. Customer's Duties of Cooperation
The Customer shall provide all necessary information, materials, and specifications in a timely manner to enable the proper provision of services by the Contractor.
The Customer is obligated to promptly inform the Contractor of any changes to the provided information or specifications.
V. Remuneration and Payment Terms
The remuneration for the services provided shall be determined according to the price specified in the offer.
The Contractor reserves the right to provide services only against advance payment. Payment is due without deduction within 10 days of invoicing.
In the event of late payment, default interest will be charged at the statutory rate.
VI. Changes to the Scope of Work
If the Customer wishes to change the scope of the contractual services, they must notify the Contractor in writing. The Contractor will then assess the consequences of the requested change, particularly concerning remuneration, additional effort, and deadlines, and will submit a corresponding new offer if the change is feasible.
If no new offer can be submitted or if the new offer is not accepted, the original scope of services shall remain in place.
VII. Revisions (Feedback Loops)
After the service has been completed, a revision may be requested. Such requests for changes must be submitted by the Customer within five days of the respective service provision via email to the Contractor. Precise and detailed information specifying the type of change and the reason for requesting a change is required for this purpose. Professional and scientific standards will be used as decision criteria for implementing the requests. After the aforementioned period the service is considered accepted by the Customer.
If the Customer requests further revisions, these must be paid for separately. The Contractor will provide an offer if this is desired.
The Contractor is entitled to refuse revisions if the Customer has not paid a due invoice amount, if the revision requests are not comprehensible or feasible, or if the revision is requested solely for subjective reasons of taste.
VIII. Warranty
The Contractor warrants that the services provided shall meet the agreed contractual requirements and be free from substantial defects.
A defect is deemed to exist if the services provided deviate from the agreed specifications or are otherwise unsuitable for the intended purpose, provided that this purpose was known to the Contractor at the time of contract conclusion.
The Customer is obligated to inspect the provided services immediately upon receipt and to report any defects in writing. Obvious defects must be reported within 14 days of service provision; otherwise, the service is deemed approved, and defect rights can no longer be asserted.
In the case of justified and timely reported defects, the Contractor has the right, at their discretion, to either remedy the defect or provide a replacement service within a reasonable period. If rectification fails or is unreasonable for the Contractor, the Customer is entitled to reduce the remuneration accordingly or to withdraw from the contract in the case of significant defects.
Warranty rights lapse if the defect is due to improper use, faulty or incomplete information provided by the Customer, or if the services provided are altered by the Customer without the Contractor's consent. There is no warranty obligation for minor deviations from the agreed specifications or for insignificant impairments of usability.
These warranty provisions apply without prejudice to the mandatory statutory rights of the Customer, particularly under the provisions of the Consumer Protection Act (Kosumentenschutzgesetz – KSchG) and the General Civil Code (Allgemeines Bürgerliches Gesetzbuch – ABGB).
IX. Delivery Deadlines
A desired delivery date shall be set by the Customer in such a way that, taking into account all time-consuming factors, timely delivery and revisions are possible from both real and perceived perspectives. The Customer is obligated to specify delivery deadlines when requesting and to agree to them as part of the contract. The Contractor is not liable for faulty or delayed deadline specifications by the Customer. A delivery deadline is considered met if the contractually agreed service has been demonstrably provided or sent to the Customer.
The Contractor is not liable for delays caused by force majeure (e.g., strikes, lockouts, official orders, general disruptions in telecommunications, pandemics, etc.) and circumstances within the Customer's responsibility (e.g., timely provision of cooperation services; defects due to unclear, incorrect, or incomplete orders; incomplete communication of an order) and is entitled to postpone the delivery of the respective services for the duration of the hindrance plus a reasonable startup period. Delays due to force majeure must be communicated as soon as possible, if possible.
X. Ownership
Insofar as a contractual service includes the granting of usage rights, the Customer acquires the simple, non-exclusive right to use the created works. This includes, in particular, the right to reproduce the work, translate the work, distribute, and make the work publicly accessible or to have it carried out by third parties. The Customer also acquires the right to integrate the intellectual services into their own works.
The usage rights are transferred only upon full payment of the entire contractual service.
XI. Liability
The Contractor is liable only for damages caused intentionally or by gross negligence.
In the case of slight negligence, the Contractor is liable only for the breach of essential contractual obligations (material obligations). In this case, liability is limited to the contract-typical foreseeable damage.
Liability for indirect damages, loss of profit, data loss, or other consequential damages is excluded.
The Customer's liability is, as far as legally permissible, limited to the contract value.
The Customer's claims for damages against the Contractor shall become time-barred within the statutory limitation period, beginning from the time the Customer becomes aware of the damage and the party responsible for it.
These liability limitations do not apply to liability under the Product Liability Act, to personal injuries, or in cases of liability due to injury to life, body, or health, as well as in cases of mandatory legal liability.
XII. Academic Works and Use for Examinatin Purposes
In the event that the Contractor's services are intended to be used, in whole or in part, in an academic, university, or other examination-related context, the Contractor expressly notes the following:
The Contractor reserves the right to reject requests that explicitly aim to present the services provided by the Contractor as the Customer's own work in a fraudulent manner, for example, in schools, universities, and other educational institutions.
When preparing an academic work, the service provided serves as a template. It may only be used in a permissible manner. Each service provided is merely a suggested result.
The Contractor points out that the examination regulations of universities, universities of applied sciences, or other educational institutions regularly require affidavits stating that the examination work was prepared independently and without external assistance. The Customer alone is liable for any potentially false statements made by themselves.
To the extent that copyrights arise in the texts created by the Contractor, these remain with the author. If the Customer nonetheless claims to be the author of the text within the context of legal transactions, they do so at their own risk.
XIII. Confidentiality
The Contractor undertakes to treat all information received from the Customer as confidential and not to disclose it to third parties, unless disclosure is necessary for the provision of the service.
This confidentiality obligation continues even after the termination of the contractual relationship.
XIV. Data Protection
The Contractor collects, processes, and uses the Customer's personal data only to the extent necessary to fulfill contractual obligations or if the Customer has expressly consented. The Contractor processes personal data in accordance with the General Data Protection Regulation (GDPR) and the applicable national data protection laws of the country in which the Customer has their habitual residence. Further information on data protection can be found in the Contractor's privacy policy at the link provided below.
The data collected will be used exclusively for the execution of the respective contractual relationship and will not be disclosed to third parties unless this is necessary for the fulfillment of the contract or the Contractor is legally obliged to do so.
The Customer's personal data will only be stored for as long as it is necessary for the fulfillment of the contract or due to legal retention obligations.
Further information on data protection can be found on the Contractor's website at: www.verbalvision.eu
XV. Final Provisions
- Amendments and additions to these GTC must be made in writing.
These General Terms and Conditions (GTC) and all contracts between the Contractor and the Customer are governed by Austrian law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the Customer has their habitual residence outside of Austria, mandatory consumer protection provisions of the country in which the Customer has their habitual residence remain unaffected.
If any provision of these GTC is invalid or should become invalid, the validity of the remaining provisions shall remain unaffected.