Terms & Conditions

1.1. Digidock Digitalagentur GmbH — below referred to as Digidock — provides its services exclusively on the basis of these general terms and conditions. These also apply to all future business relationships, even if they are not expressly referred to.

1.2. Additional agreements, reservations, amendments or additions to these general terms and conditions must be made in writing in order to be valid; this also applies to deviations from the written form requirement.

1.3. Even if known, the contractual partner's terms and conditions that conflict with or deviate from these terms and conditions will only be effective if they are expressly accepted in writing by Digidock.

1.4. Should individual provisions of these general terms and conditions be ineffective, this does not affect the binding nature of the remaining provisions and the contracts concluded on the basis of them. The invalid provision must be replaced by a valid provision that comes closest to its meaning and purpose.

2.1. The basis for the conclusion of the contract is the respective offer from Digidock or the customer's order, which sets out the scope of services and the remuneration. Digidock's offers are subject to change and non-binding.

2.2. If the customer places an order, he is bound to this two weeks from receipt of the order by Digidock. The contract is concluded when Digidock accepts the order. Acceptance must be made in writing (e.g. by order confirmation), unless Digidock clearly states (e.g. by taking action on the basis of the order) that it accepts the order.

3.1. The scope of the services to be provided is based on the customer's order or the service description or the information in the contract. Subsequent changes to the content of the service must be made in writing.

3.2. All Digidock services must be checked by the customer and approved within three days. If they are not approved in time, they are considered approved by the customer.

3.3. The customer will immediately provide Digidock with all information and documents required to provide the service. He will inform them of all processes that are important for the execution of the order, even if these circumstances only become known during the execution of the order. The customer bears the expenses incurred as a result of work being delayed as a result of his incorrect, incomplete or subsequently amended information.

3.4. The customer is also obliged to check the documents (photos, logos, etc.) provided for the execution of the order for any existing copyright, trademark rights or other rights of third parties. Digidock is not liable for a violation of such rights. If a claim is made against Digidock due to such an infringement of rights, the customer shall indemnify Digidock and indemnify it for any disadvantages it may incur as a result of claims made by third parties.

4.1. Digidock is entitled, at its sole discretion, to perform the service itself, to make use of third parties in the provision of contractual services and/or to substitute such services (“agent”).

4.2. Procurement agents are commissioned either in their own name or on behalf of the customer, but in any case at the expense of the customer. The general terms and conditions of the contracted subcontractors always apply — even if the processing work should be outsourced to the client via Digidock. The full invoice amount must be paid on time; a reduction in the invoice amount is only permitted as soon as we receive a credit note from the supplier; if the invoice has already been transferred, we will refund the difference amount.

4.3. Digidock will carefully select assistants and ensure that they have the necessary professional qualifications.

5.1. Deadline and appointment agreements must be recorded or confirmed in writing. Digidock strives to meet the agreed deadlines. However, failure to meet the deadlines only entitles the customer to assert the rights to which he is entitled by law if he has granted Digidock an appropriate grace period of at least 14 days. This period starts with receipt of a reminder letter to Digidock.

5.2. After the grace period has expired without result, the customer can withdraw from the contract. An obligation to pay compensation arising from the title of default exists only in the event of intent or gross negligence on the part of Digidock.

5.3. In any case, unavoidable or unforeseeable events — in particular delays for Digidock contractors — release Digidock from meeting the agreed delivery date. The same applies if the customer is in default with his obligations necessary to carry out the order (e.g. provision of documents or information). In this case, the agreed date will be postponed, at least to the extent of the delay.

In particular, Digidock is entitled to withdraw from the contract if — the performance of the service is impossible for reasons for which the customer is responsible or is further delayed despite setting a grace period; — there are legitimate concerns about the customer's creditworthiness and, at the request of Digidock, the latter neither makes advance payments nor provides suitable security before Digidock performs.

7.1. Unless otherwise agreed, Digidock is entitled to fees for each individual service as soon as it has been provided. Digidock is entitled to demand advances to cover its expenses.

7.2. All Digidock services that are not expressly covered by the agreed fee are paid separately. All cash expenses arising from Digidock must be reimbursed by the customer.

8.1. Digidock invoices are due net cash without any deduction from the date of the invoice and, unless otherwise agreed, must be paid within ten calendar days of receipt of the invoice. In the event of late payment, interest on arrears is considered agreed. Delivered goods remain the property of Digidock until full payment has been made.

8.2. The customer undertakes to bear all costs and expenses associated with the collection of the claim, such as in particular collection expenses or other costs necessary for appropriate legal action.

8.3. In the event of default in payment by the customer, Digidock can immediately make all services and partial services provided within the framework of other contracts concluded with the customer due.

8.4. The customer is not entitled to set off his own claims against Digidock's claims unless the customer's claim has been acknowledged in writing by Digidock or established in court. The customer's right of withholding is excluded.

Within the framework of legal regulations, Digidock is only liable for damage if its intent or gross negligence can be proven. Liability for slight negligence is excluded. The injured party must prove the existence of gross negligence.

10.1. The customer must make and justify any complaints in writing immediately, but in any case within three days after they have been made by Digidock. In the event of justified and timely complaints, the customer only has the right to improve or replace the service by Digidock.

10.2. If the complaint is justified, the defects will be remedied within a reasonable period of time, with the customer allowing the group to take all necessary measures to investigate and rectify the defect. Digidock is entitled to refuse to improve the service if this is impossible or involves a disproportionate amount of effort for Digidock.

10.3. The reversal of the burden of proof in accordance with Section 924 ABGB to the detriment of Digidock is excluded. The existence of the defect at the time of delivery, the time of discovery of the defect and the timeliness of the complaint must be proven by the customer.

10.4. Claims for damages by the customer, in particular due to delay, impossibility of performance, positive breach of claim, fault in the conclusion of the contract, defective or incomplete performance, subsequent damage or due to tort acts, are excluded, unless they are based on intent or gross negligence on the part of Digidock. Lost profit or contribution margin cannot be claimed.

10.5. Any claim for compensation can only be made within six months of becoming aware of the damage.

10.6. Compensation claims are limited in amount to the order value excluding taxes.

The legal relationship between the customer and Digidock is governed exclusively by Austrian law, excluding international referral standards. The provisions of the UN sales law do not apply.

12.1. The place of fulfilment is the registered office of Digidock.

12.2. The Austrian court with local and factual jurisdiction for the registered office of Digidock is agreed as the place of jurisdiction for all disputes arising directly between Digidock and the customer. The general terms and conditions in this version apply from 20.11.2022.