GENERAL CONDITIONS
General Terms and Conditions
Feld am See | last updated 6 April 2026
Article 1 – Definitions
‘Contractor’: Roeljan Machiel Buijs BA Werbeagentur, who concludes an agreement with the Client.
‘Client’: the natural or legal person who concludes an Agreement with the Contractor.
‘Agreement’: the agreement between the Contractor and the Client.
‘Order’: any order to perform services and assignments for the Client, including any amendment or supplement thereto, as well as all (legal) acts in preparation and execution thereof.
‘Products’: all items that are the subject of an Agreement, including but not limited to software, databases, websites, provisional and/or definitive designs and formats, made available to the Client by the Contractor, whether as an interim, partial or final result of the Agreement.
‘Services’: all services that are the subject of an Agreement, including but not limited to programming, designing, developing, managing and servicing websites and databases, hosting, project management, social media management, advice regarding the promotion of websites, as well as all supplementary and supporting services in this area.
‘Course’: includes education, training, workshop, or similar learning format.
‘Delivery’: the actual provision of Products and/or Services to the Client.
‘Written’ / ‘in writing’: includes communication by e-mail.
Article 2 – Applicability
2.1 These General Terms and Conditions apply to all offers, quotations and agreements to which they have been declared applicable.
2.2 The applicability of any general conditions used by the Client is hereby expressly rejected.
2.3 Deviations from these General Terms and Conditions shall only apply if expressly agreed in writing between the parties.
2.4 If one or more provisions of these General Terms and Conditions are wholly or partially void or voidable, the remaining provisions shall remain in full force. The parties will consult to replace the void provision(s) with new provisions that reflect the purpose and intent of the original as closely as possible.
Article 3 – Offers and Formation of Agreement
3.1 All offers and quotations by the Contractor are without obligation, unless expressly stated otherwise.
3.2 An Agreement is concluded when the Contractor has confirmed in writing the Client’s acceptance of an offer, within 14 days of receipt of such acceptance.
3.3 If the Client does not accept the offer in writing but nevertheless cooperates in performance, or the Contractor commences performance with the Client’s knowledge and without objection, the offer shall be deemed to have been agreed.
3.4 All prices stated in an offer are in Euros and exclusive of VAT, unless otherwise stated.
3.5 Offers and quotations do not automatically apply to future orders.
3.6 The Client guarantees the accuracy and completeness of all information provided to the Contractor on which the Contractor bases its offer.
Article 4 – Performance of the Agreement
4.1 The Contractor shall perform the assignment with due care and in accordance with applicable quality standards.
4.2 The Contractor may, if required for proper performance of the Agreement, engage third parties. The Contractor remains responsible for the performance of such third parties.
4.3 The Client shall ensure that all information which the Contractor indicates to be necessary, or which the Client should reasonably understand to be necessary, is provided to the Contractor in good time.
4.4 If required information is not provided in good time, the Contractor is entitled to suspend performance and/or charge the Client for any resulting delay costs, at the agreed rates or, in their absence, at the Contractor’s usual rates.
4.5 The Client acknowledges that the timely provision of information, materials, feedback and approvals by the Client is a condition for meeting agreed delivery times. Delays caused by the Client will affect the time of completion without constituting a breach by the Contractor.
4.6 Where the Agreement is to be performed in stages, the Contractor may suspend performance of a subsequent stage until the Client has approved the results of the preceding stage in writing.
4.7 If the Client fails to formally approve a stage but nevertheless cooperates in or consents to the commencement of the next stage, approval of the preceding stage is deemed to have been given.
4.8 Unless expressly agreed otherwise in writing, all obligations of the Contractor under the Agreement — including but not limited to services relating to marketing strategy, campaign management, content creation, search engine optimisation and social media management — constitute obligations of effort (Inspanningsverbintenissen / Bemühungspflichten) and not obligations of result. The Contractor does not guarantee any specific outcome, including but not limited to increases in traffic, rankings, reach, conversions or revenue.
Article 5 – Delivery Times
5.1 Any deadline specified by the Contractor is indicative, unless expressly agreed in writing as a firm deadline.
5.2 If the Agreement is amended or supplemented, this may affect the time of completion. The Contractor will notify the Client as soon as possible and provide a revised indicative delivery period.
Article 6 – Confidentiality
6.1 Both parties undertake to keep confidential all information obtained from each other in connection with the Agreement that is designated as confidential or that, by its nature, should be understood to be confidential. To the extent that the Contractor uses third-party AI tools in the execution of the Agreement, Client materials submitted to such tools are processed in accordance with the terms and privacy policies of the respective AI service providers. The Contractor will not submit materials that the Client has explicitly designated as strictly confidential to AI tools without prior written consent.
6.2 The confidentiality obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; or (c) is independently developed by the receiving party without use of the confidential information.
6.3 The confidentiality obligation continues for a period of two (2) years after termination of the Agreement.
6.4 Upon termination of the Agreement, each party shall, at the other party’s request, promptly return or destroy all confidential materials belonging to the other party.
Article 7 – Intellectual Property
7.1 All intellectual property rights in and to works, designs, software and other materials developed by the Contractor under the Agreement shall remain vested in the Contractor. The Client receives only the right of use as set out in these General Terms and Conditions.
7.2 The Contractor reserves the right to use knowledge, methods and experience gained during the execution of the Agreement for other purposes, provided no confidential information of the Client is disclosed.
7.3 The Contractor is entitled to use completed works for its own promotional purposes and portfolio, with due regard for the Client’s interests. This right does not apply to works that are subject to a confidentiality obligation under Article 6, unless the Client has given prior written consent.
7.4 The Client is only permitted to use the delivered works, including publication or placement on a website, after all relevant invoices have been paid in full.
7.5 Works delivered by the Contractor are intended solely for use by the Client within the scope of the Agreement and may not be reproduced, disclosed or made available to third parties without the Contractor’s prior written permission.
7.6 The right of use granted to the Client is non-transferable, non-exclusive and non-sublicensable, unless otherwise agreed in writing.
7.7 Unless otherwise agreed, the Assignment does not include research into intellectual property rights of third parties, such as copyrights, trademark rights or portrait rights. The same applies to the registration or protection of intellectual property rights for the Client.
7.8 If the Client provides materials — including but not limited to images, stock footage, music, animation or visuals — for use in the execution of the Order, the Client is responsible for obtaining all necessary licences and permissions for such use.
7.9 The Client shall indemnify the Contractor against all claims from third parties arising from intellectual property rights in materials or information provided by the Client.
7.10 The Contractor may use artificial intelligence (AI) tools in the execution of the Agreement. The Client acknowledges that AI-generated output may be subject to specific licensing conditions of the relevant AI tool providers. The Client further acknowledges that the use of AI tools may involve the processing of submitted materials by third-party AI service providers, which may be established outside the European Economic Area. The Contractor will not submit personal data of the Client’s customers or end users to AI tools without prior written consent. The Contractor will ensure that such use does not knowingly infringe third-party rights. Intellectual property rights in AI-generated content vest in the Contractor to the extent permitted by applicable law.
Article 8 – Termination and Cancellation
8.1 Either party may terminate the Agreement in writing at any time, subject to a notice period of at least 14 (fourteen) days. In the event of termination by the Client, the Contractor is entitled to invoice all work performed, time spent and costs incurred up to and including the date of termination, at the agreed rates or, in their absence, at the Contractor’s usual rates. The Client shall pay such invoice within the standard payment term set out in Article 10.
8.2 The Contractor reserves the right to cancel a Course in the event of insufficient registrations. The Client will be notified no later than one (1) week before the start of the Course. Any Course fees already paid will be refunded in full. If participant numbers are insufficient, the Client may choose to continue at an adjusted Course fee, to be agreed in consultation.
8.3 Cancellation of a Course by the Client is free of charge up to 14 (fourteen) days before the start of the Course. Thereafter, 100% of the Course fee will be charged.
Article 9 – Fee and Additional Work
9.1 The parties may agree a fixed fee at the time the Agreement is concluded.
9.2 If no fixed fee is agreed, the fee will be determined on the basis of hours actually worked, at the Contractor’s applicable hourly rate for the period in which the work is performed, unless a different rate has been expressly agreed.
9.3 If a fixed fee has been agreed and additional work or services beyond the agreed scope are requested by the Client, the Contractor will inform the Client in writing of the estimated cost of such additional work before commencing it.
9.4 Work requested by the Client that falls outside the agreed scope will be charged at the Contractor’s usual rates.
9.5 Any additional work arising from an extension of the assignment, and any costs not specified in the quotation, will only be performed after mutual written agreement.
9.6 For new Clients, the Contractor requires an advance payment of 50% of the agreed fee prior to commencing work; the remaining 50% is due upon delivery. For existing Clients with an established payment history, payment terms are as set out in Article 10, unless otherwise agreed. If the advance payment is not received in full, the Contractor is entitled to suspend performance without prejudice to any other rights.
9.7 For assignments with a duration exceeding one (1) month and/or with a total invoice amount exceeding €3,000, the Contractor will invoice monthly for work performed in that period.
9.8 The Contractor reserves the right to adjust its rates annually as of 1 January of each calendar year, in line with the Austrian Consumer Price Index (VPI) or by mutual written agreement.
Article 10 – Payment
10.1 Payment must be made within 14 (fourteen) days of the invoice date. Bank account details are stated on the invoice.
10.2 After expiry of the payment term, the Client is in default by operation of law and shall owe interest of at least 1% per month on the outstanding amount from the date of default.
10.3 In the event of the Client’s liquidation, bankruptcy, suspension of payment or application of a debt restructuring scheme, all amounts owed to the Contractor become immediately due and payable.
10.4 The Contractor reserves the right to suspend performance of current and future assignments if the Client fails to meet its payment obligations on time, without prejudice to the Contractor’s right to claim full payment and compensation for any resulting damages.
10.5 If the Client fails to fulfil its payment obligations in time, all reasonable costs incurred by the Contractor in obtaining extrajudicial settlement — including preparation of reminders, settlement proposals and gathering of information — shall be borne by the Client. Collection costs are calculated as follows:
– 15% of the first €2,500, with a minimum of €40
– 10% of the next €2,500
– 5% of the next €5,000
– 3% of the next €190,000
– 1% of any remaining amount
Article 11 – Limitation of Liability
11.1 Except in cases of intent or deliberate recklessness on the part of the Contractor, the Contractor’s total liability for an attributable breach or for any other reason is limited to direct damages actually suffered, up to a maximum of the total fees paid by the Client to the Contractor under the relevant Agreement in the twelve (12) months preceding the date of the claim, and in no event exceeding €10,000 (ten thousand euros) excluding VAT. The Contractor’s liability is at all times limited to the amount paid out by its insurer, if applicable.
11.2 The Contractor’s liability for indirect damages — including consequential damages, lost profits, lost savings, loss of goodwill and business interruption — is excluded.
11.3 The Contractor is not liable for damage of any kind resulting from reliance on incorrect or incomplete information provided by or on behalf of the Client.
11.4 The Contractor is not liable for errors in concepts, designs, products, texts or social media content where the Client has given approval, has been given the opportunity to review and has waived that right, or has declined to have a model, prototype or proof prepared and such errors would have been apparent from such a review.
11.5 In the event of an attributable breach by the Contractor, the Contractor must first be given written notice of default, together with a reasonable period in which to remedy the breach, before any liability can arise.
11.6 The limitations of liability in this Article apply equally to third parties engaged by the Contractor.
11.7 Any claim against the Contractor under or in connection with the Agreement shall lapse if it has not been brought before the competent court within twelve (12) months of the date on which the Client became aware, or could reasonably have become aware, of the facts giving rise to the claim.
Article 12 – Force Majeure
12.1 Force majeure means any circumstance beyond the Contractor’s reasonable control that prevents or significantly impedes performance, including but not limited to: illness or unavailability of key personnel, force majeure affecting suppliers, government measures, power failure, failure of internet or telecommunications infrastructure, war, civil unrest, strikes, pandemics or epidemics, and general transport disruptions.
12.2 The Contractor may invoke force majeure even if the circumstance arises after the moment at which performance was due.
12.3 During force majeure, the Contractor’s obligations are suspended. If force majeure lasts longer than two (2) months, either party may dissolve the Agreement without any obligation to pay damages.
12.4 If the Contractor has already partially performed its obligations when force majeure arises, it is entitled to invoice separately for the part already performed, provided that part has independent value.
Article 13 – Complaints
13.1 Complaints regarding delivered work must be submitted in writing to the Contractor within 14 (fourteen) days of discovery, but no later than 30 (thirty) days after completion of the work in question. After this period, the Client is no longer entitled to repair, replacement or compensation.
13.2 If a complaint is found to be justified, the Contractor will perform the work as agreed, unless this has become pointless for the Client (to be substantiated by the Client). If further performance is no longer possible or useful, the Contractor’s liability is limited to Article 11.
13.3 Submission of a complaint does not suspend the Client’s payment obligation.
Article 14 – Governing Law and Dispute Resolution
14.1 All agreements between the Contractor and Client are governed by and construed in accordance with the laws of the Republic of Austria.
14.2 The parties shall first make every reasonable effort to resolve any dispute through mutual consultation and good-faith negotiation. If no resolution is reached within 30 (thirty) days of written notice of the dispute, the matter shall be submitted to the competent court.
14.3 Exclusive jurisdiction lies with the competent court in the district of the Contractor’s registered office (Klagenfurt, Austria). The Contractor reserves the right to also bring proceedings before the competent court in the Client’s place of residence or establishment.
Article 15 – Data Protection
15.1 The Contractor processes personal data of the Client and its representatives in accordance with applicable data protection legislation, including Regulation (EU) 2016/679 (GDPR) and the Austrian Data Protection Act (DSG 2018).
15.2 Personal data is processed solely for the purposes of performing the Agreement, invoicing and communication. Data will not be shared with third parties except where necessary for performance or required by law.
15.3 The Contractor implements appropriate technical and organisational measures to protect personal data against unauthorised access, loss or disclosure.
15.4 Data subjects may exercise their rights (access, rectification, erasure, restriction, portability, objection) by contacting the Contractor at the address stated in the header of these General Terms and Conditions.
15.5 For further information, please refer to the Contractor’s Privacy Policy at www.buijs.at/privacy-policy.
15.6 In the course of delivering Services, the Contractor may process Client-provided materials — including texts, strategies, briefings and other content — using third-party AI tools (including large language models and AI image generation tools). Such materials may be processed by the providers of those tools on servers located outside the European Economic Area. The Contractor will handle such materials with discretion and will not submit materials containing personal data of the Client’s customers or end users to AI tools without the Client’s prior written consent. The Client accepts this working method by entering into an Agreement with the Contractor.
Article 16 – Paid Advertising and Marketing Services
16.1 This Article applies when the Agreement includes paid advertising or marketing services on third-party platforms, including but not limited to: social media advertising platforms (e.g. Meta, TikTok, LinkedIn), search engine advertising platforms (e.g. Google Ads, Microsoft Advertising), programmatic advertising networks, and e-mail marketing platforms.
16.2 By entering into an Agreement that includes paid advertising services, the Client grants the Contractor a revocable, non-exclusive power of attorney to place advertisements, manage campaigns and perform related actions on the Client’s behalf on the relevant third-party advertising platforms. The scope of the power of attorney follows from the Agreement. The power of attorney expires upon termination of the Agreement.
16.3 All media costs (advertising spend) paid or payable to third-party platforms are for the account and risk of the Client. The Contractor shall either invoice media costs separately from its own fees, or the Client shall pay the platform directly, as agreed in the Agreement. The Contractor is not liable for the performance, return on investment or effectiveness of media spend.
16.4 The Contractor is not liable for: (a) changes in platform algorithms, policies, terms of service or pricing by third-party platforms; (b) account restrictions, suspensions or bans imposed by platforms on the Client’s accounts; (c) unavailability of platform features, advertising formats or targeting options; (d) changes in tracking, attribution or measurement capabilities, including but not limited to privacy-related changes by operating system providers or browser vendors. The Contractor will notify the Client without undue delay of material platform changes known to the Contractor that affect the performance of the Agreement.
16.5 All KPIs, targets, projections and benchmarks stated in proposals, reports or other communications by the Contractor are indicative targets based on market data and professional experience. They expressly do not constitute a guarantee of results. Marketing performance depends on factors beyond the Contractor’s reasonable control, including but not limited to market conditions, competitive activity, platform changes and consumer behaviour. This clause reinforces and supplements Article 4.8.
16.6 Where the Contractor implements or uses third-party tools in the execution of the Agreement (including but not limited to tracking pixels, analytics platforms, conversion APIs, tag management systems and reporting tools), the terms and conditions of those third-party providers also apply to the Client to the extent relevant. The Contractor is not liable for the accuracy, availability or data processing practices of such third-party tools.
Article 17 – Client Platform Access
17.1 This Article applies when the Client grants the Contractor access to Client-owned or Client-managed digital platforms, accounts, tools or environments in connection with the Agreement, including but not limited to: project management tools (e.g. ClickUp, Asana, Monday), collaboration and design platforms (e.g. Notion, Miro, Canva, Figma), cloud storage services (e.g. OneDrive, Dropbox, Google Drive, SharePoint), advertising and analytics accounts (e.g. Meta Business Manager, Google Ads, Google Analytics), e-mail accounts on the Client’s domain, content management systems and website back-ends.
17.2 The Client grants access voluntarily and at its own risk. The Client is responsible for: (a) granting only the minimum access level necessary for the Contractor to perform the Agreement; (b) maintaining the security of its own accounts, credentials and authentication methods; (c) ensuring that granting access to the Contractor does not violate the Client’s own agreements with platform providers or applicable regulations.
17.3 The Contractor shall use Client platform access exclusively within the scope of the Agreement. The Contractor shall not knowingly access, modify, download or share data or materials that fall outside the scope of the agreed work.
17.4 Where the Client provides the Contractor with an e-mail address on the Client’s domain, the Contractor shall use such e-mail address solely for communications directly related to the performance of the Agreement. Use of a Client e-mail address does not create any authority to represent, bind or act on behalf of the Client beyond the scope of the Agreement. The Client remains responsible for monitoring all communications sent from its domain and for informing relevant third parties of the Contractor’s limited role where appropriate.
17.5 The Contractor is not liable for: (a) loss, corruption or deletion of data on Client platforms, unless caused by intent or deliberate recklessness on the part of the Contractor; (b) actions taken by other users on the same Client platform; (c) platform outages, data breaches or security incidents attributable to the platform provider or to the Client’s own security measures; (d) consequences of access levels granted by the Client that exceed what the Contractor has requested or that are reasonably necessary for the performance of the Agreement.
17.6 Upon termination of the Agreement, the Client shall promptly revoke all access granted to the Contractor. The Contractor shall cooperate in an orderly transfer or handover of any work product stored on Client platforms. If the Client fails to revoke access within fourteen (14) days of termination, the Contractor bears no liability for the continued existence of such access. The Contractor shall not access Client platforms after becoming aware of the termination of the Agreement, except as necessary for orderly handover.
Article 18 – Approval of Deliverables
18.1 The Client shall review and approve or reject deliverables (including but not limited to: creative concepts, designs, texts, campaign settings, ad copy, visual assets and reports) within five (5) business days of submission by the Contractor, unless a different review period is agreed in the Agreement.
18.2 If the Client does not respond in writing within the review period set out in Article 18.1, the deliverables shall be deemed approved. The Contractor may proceed with publication, launch or further work on the basis of such deemed approval.
18.3 Modifications requested by the Client after approval — whether explicit or deemed — constitute additional work within the meaning of Articles 9.3 and 9.4, and shall be charged accordingly.
18.4 The Contractor is not liable for errors, omissions or defects in deliverables that were approved by the Client (whether explicitly or by deemed approval under Article 18.2) and that would have been apparent upon reasonable review by the Client. This provision supplements Article 11.4.
Article 19 – Amendment of Conditions
19.1 The Contractor is entitled to amend these General Terms and Conditions at any time.
19.2 Amended conditions will be communicated to the Client by e-mail to the last known e-mail address, no later than 30 (thirty) days before the amendments take effect. If the Client continues to use the Contractor’s services after the effective date, the amended conditions are deemed to have been accepted.