• Responsible body
• Your rights as a data subject
• Purposes of data processing
• Deletion or blocking of data
• Collection of general information
• Cookies
• Contact form
• Use of Google Analytics
• Changes to our data protection provisions
• Questions for the data protection officer

Responsible

within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR):

frameless Media KG
Ratschkygasse 12, 1120 Vienna
E-mail address: office@frameless.at
Contact person: Michael Kozak
 

Your rights as a data subject

You can exercise the following rights at any time using the contact details provided for our data protection officer:

• Information about your data stored by us and its processing,
• Correction of incorrect personal data,
• Deletion of your data stored by us,
• Restriction of data processing if we are not yet allowed to delete your data due to legal obligations,
• objection to the processing of your data by us and
• data portability if you have consented to data processing or have concluded a contract with us.

If you have given us your consent, you can revoke it at any time with effect for the future.

You can contact the supervisory authority responsible for you at any time with a complaint. In Austria, this is the data protection authority.
 

Purposes of data processing by the controller and third parties

We only process your personal data for the purposes stated in this privacy policy. Your personal data will not be transferred to third parties for purposes other than those stated. We only pass on your personal data to third parties if

• You have given your express consent to this,
• the processing is necessary for the fulfilment of a contract with you
• the processing is necessary to fulfil a legal obligation
• the processing is necessary to protect legitimate interests and there is no reason to assume that you have an overriding interest worthy of protection in your data not being passed on.
   

Deletion or blocking of data

We adhere to the principles of data avoidance and data minimisation. We therefore only store your personal data for as long as is necessary to fulfil the purposes stated here or for the various storage periods stipulated by law. Once the respective purpose no longer applies or these periods have expired, the corresponding data is routinely blocked or deleted in accordance with the statutory provisions.
 

Collection of general information when visiting our website

When you access our website, information of a general nature is automatically collected by means of a cookie. This information (server log files) includes, for example, the type of web browser, the operating system used, the domain name of your Internet service provider and similar information. This is exclusively information that does not allow any conclusions to be drawn about your person.

This information is technically necessary in order to correctly deliver the website content you have requested and is mandatory when using the Internet. It is processed for the following purposes in particular:

• Ensuring a smooth connection to the website,
• Ensuring the smooth use of our website,
• analysing system security and stability and
• for other administrative purposes.

The processing of your personal data is based on our legitimate interest in the aforementioned purposes for data collection. We do not use your data to draw conclusions about your person. Recipients of the data are only the controller and, if applicable, processors.

Anonymous information of this kind may be statistically evaluated by us in order to optimise our website and the technology behind it.
 

Cookies

Like many other websites, we also use so-called "cookies". Cookies are small text files that are transferred from a website server to your hard drive. This automatically provides us with certain data such as IP address, browser used, operating system and your connection to the Internet.

Cookies cannot be used to start programmes or transfer viruses to a computer. Using the information contained in cookies, we can make navigation easier for you and enable our web pages to be displayed correctly.

Under no circumstances will the data we collect be passed on to third parties or linked to personal data without your consent.

Of course, you can also view our website without cookies. Internet browsers are regularly set to accept cookies. In general, you can deactivate the use of cookies at any time via your browser settings. Please use the help functions of your Internet browser to find out how to change these settings. Please note that individual functions of our website may not work if you have deactivated the use of cookies.
 

Contact form

If you contact us with questions of any kind by e-mail or contact form, you give us your voluntary consent for the purpose of contacting you. A valid e-mail address is required for this purpose. This is used to allocate the enquiry and subsequently answer it. The provision of further data is optional. The information you provide will be stored for the purpose of processing the enquiry and for possible follow-up questions. After your enquiry has been dealt with, your personal data will be automatically deleted.
 

Use of Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc (hereinafter: Google). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, due to the activation of IP anonymisation on these websites, your IP address will be shortened by Google beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to analyse your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

The purpose of the data processing is to analyse the use of the website and to compile reports on activities on the website. Based on the use of the website and the Internet, further associated services are then to be provided. The processing is based on the legitimate interest of the website operator.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at the following link: Browser add-on to deactivate Google Analytics.

In addition or as an alternative to the browser add-on, you can prevent tracking by Google Analytics on our pages by visiting diesen Link anklicken. This will install an opt-out cookie on your device. This will prevent the collection by Google Analytics for this website and for this browser in the future as long as the cookie remains installed in your browser.
 

Changes to our privacy policy

We reserve the right to amend this privacy policy so that it always complies with current legal requirements or to implement changes to our services in the privacy policy, e.g. when introducing new services. The new privacy policy will then apply to your next visit.
 

Questions for the data protection officer

If you have any questions about data protection, please send us an email or contact the person responsible for data protection in our organisation directly:

office@frameless.at

The data protection declaration was created with the data protection declaration generator of activeMind AG.

1. Scope and validity of the contract
2. Client's data and documents
3. Execution of the work
4. Performance and testing
5. Payment for presentations
6. Copyright provisions
   and usage rights
7. Liability and warranty
8. Contract duration and right of withdrawal
9. Duty of confidentiality
10. Transport
11. Retention of title
12. Payment terms
13. Prices, taxes and fees
14. Applicable law, place of jurisdiction

1.

Scope and validity of the contract

1.1

These General Terms and Conditions apply to all agreements concluded between frameless Media (hereinafter referred to as the "Provider") and customers (hereinafter referred to as the "Client") and regulate the provision and execution of all current and future services and deliveries between the contracting parties. The Provider delivers or performs exclusively in accordance with these General Terms and Conditions. The validity of these General Terms and Conditions therefore expressly includes presentations and preliminary drafts by the Provider as well as all other preparatory work created to promote future orders, presentations of products, product lines, technical or creative concepts, etc. General Terms and Conditions or purchasing conditions of the Client are hereby expressly excluded from this legal transaction and the entire business relationship, even if they do not contradict these General Terms and Conditions or if a corresponding provision is not included in these General Terms and Conditions.

1.2

Oral ancillary agreements between the contracting parties are deemed not to have been concluded; subsequent amendments or additions must be made in writing. Oral waiver of the written form requirement is mutually excluded.

1.3

An electronic contract conclusion by email also satisfies the agreed written form requirement.

1.4

Offers are generally subject to change.

1.5

In the event that individual provisions of the General Terms and Conditions should be invalid, this shall not affect the validity of the remaining provisions.

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2.

Client's data and documents

2.1

The Client shall ensure that all documents necessary for the fulfillment of the contract are submitted to the Provider in a timely manner, even without the Provider's express request, and that the Provider is informed of all processes and circumstances relevant to the execution of the contract. This also applies to all documents, processes, and circumstances that only become known during the fulfillment of the contract.

2.2

All materials supplied by the client, such as data storage media, data, texts, graphics, programs, and other information relating to the service, must be in a condition suitable for the service and submitted in a technically standard format suitable for the project. The provider reserves the right to agree on more precise specifications regarding the form or format of the supplied materials in individual contracts. The provider is not obligated to review the logical content (accuracy, completeness, etc.) of submitted materials. The provider is entitled to refuse acceptance of documents or materials that are faulty, unsuitable, or otherwise not in conformity with the contract, citing their poor condition, or to charge for the additional services required for processing and modification at the applicable rates in addition to the agreed fee.

2.3

The client is liable for the harmlessness of the content provided by him in terms of advertising, copyright, competition and intellectual property law and undertakes to indemnify, defend and hold harmless the provider from any claims by third parties arising from the infringement of intellectual property rights.

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3.

Execution of the work

3.1

The provider is entitled to have the order carried out in whole or in part by expert, employed employees or commercial/freelance cooperation partners.

3.2

The contractually agreed delivery period begins on the day the order is accepted by the provider, provided that all necessary work documents have been provided by the client. The provider strives to adhere to the agreed delivery dates as precisely as possible. Deadlines specified in "calendar weeks" (KW) are valid until the end of the corresponding calendar week (Sunday, midnight). In the event of a delay by the client, particularly in providing the materials and documents in accordance with point 2 of these General Terms and Conditions, all further deadlines shall be postponed on a daily basis by the period of the delivery delay. If materials and documents are not handed over in a suitable form in accordance with point 2 of these General Terms and Conditions, this shall also be deemed a delay by the client. In this case, the materials and documents shall only be deemed delivered after improvements have been made or upon completion of the necessary additional services for reworking and modification.

3.3

If the client subsequently changes the materials supplied by him, the course of work or requests additional work not included in the order, the provider's applicable hourly rates will be charged for any additional services required.

3.4

Should it become apparent during the provision of a service that the execution of the order is actually or legally impossible, the provider is obligated to notify the client immediately. In this case, both parties are entitled to withdraw from the contract unless the client, upon request, amends the service description or creates the conditions that make execution possible. The client shall reimburse the costs incurred up to that point for the provider's work. Any unprocessed materials provided to the provider, as well as all results from the execution of the work, will generally be returned to the client.

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4.

Performance and testing

4.1

The detailed development of the requirements definition, including the creation of a specification, can be carried out by the provider or the customer. If the development is carried out by the provider, the customer must provide all necessary documents and information. The client must review the requirements definition or specification for accuracy and completeness and confirm it in writing. Subsequent changes must be confirmed in writing and will be invoiced separately.

4.2

Technical changes are expressly reserved at any stage of the project.

4.3

If the inspection of the agreed services (acceptance) is not provided for in the service specifications, the agreed service shall be deemed to have been completed and provided in accordance with the contract upon acceptance of the work by the client.

4.4

If, however, acceptance is planned, the customer must perform the service acceptance no later than 14 days after delivery. Any defects, i.e., deviations from the accepted specifications, must be reported to the contractor by the client with sufficient documentation, and the provider is obligated to correct such defects as quickly as possible. If significant, sufficiently documented defects are asserted that prevent proper use, so that live operation cannot be started or continued, a new acceptance must be performed after the defects have been rectified. The client is not entitled to refuse acceptance of software due to minor defects.

4.5

If the client does not carry out acceptance within the aforementioned period or if the delivered material is actually used, this shall in any case be deemed acceptance.

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5.

Payment for presentations

5.1

The client's invitation to create a presentation (preliminary draft) is considered an order to provide a defined service, which establishes a legal claim to remuneration for the presentation. The amount of the remuneration depends on the respective agreement. If the amount of the remuneration was not agreed upon at the time of the invitation, a reasonable remuneration is due.

5.2

By holding the presentation, the order is both accepted and fulfilled.

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6.

Copyright provisions and rights of use

6.1

The provider’s legal copyright to his works is essential.

6.2

The client is obligated to ensure that the provider's services are used only for the agreed-upon purpose. The client shall not be entitled to any right of use or exploitation of any kind for protected services or works provided by the provider for a presentation, preliminary draft, or offer if no subsequent order is placed. In the event of an order being placed, the scope of the right of use or exploitation shall be governed by these Terms and Conditions or the respective agreement.

6.3

The rights of use granted to the client may only be transferred to third parties, whether for a fee or free of charge, with the express consent of the provider as the author. Any further use beyond this must always be consulted with the author. Copyrighted works may not be altered, either in the original or in reproduction, without the author's permission. Imitations of any kind are prohibited. Violation of the provider's copyrights will result in claims for damages, with full compensation being required. Without prejudice to compensation for other damages and subject to all other claims, the client is obligated to pay the provider a contractual penalty of €5,000 for each unauthorized infringement of the provider's copyrights, which is not subject to judicial mitigation.

6.4

For copyrighted services provided by the provider whose scope of use is not yet determined at the time of contract conclusion, or which are suitable for unrestricted use as a commercial object in commercial transactions, the fee consists of two parts: first, the fee for the original work and second, the remuneration for the unrestricted transfer of usage rights (copyright). If the remuneration for the unrestricted transfer of all usage rights was not expressly specified at the time of contract conclusion, in case of doubt, the agreed fee represents only the payment for the development of the commissioned services.

6.5

The provider is entitled to affix its company name, including the associated corporate design, in a reasonable size on each object it designs and produces. In the case of multimedia products, the provider is entitled to implement this company logo as a link to the frameless Media website. Removal of the company logo by the client is prohibited in any case as long as the product is used as a standalone service.

6.6

In any case, the provider retains the right, in accordance with Section 26 of the German Copyright Act (UrhG), to use images of the works/products designed by him for the purpose of self-promotion in printed form or to make them available on the Internet for this purpose.

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7.

Liability and warranty

7.1

The provider will carry out the orders given to him carefully and professionally and will protect all interests of the client.

7.2

The provider guarantees that its product is free of defects that would preclude its use. However, given the current state of technology, defects can never be ruled out, and the customer acknowledges this. The warranty period is six months. In the event of defects, the customer undertakes to notify the provider immediately in writing and with sufficient documentation. Complaints are only valid if they concern reproducible defects.

7.3

The customer must prove the existence of a defect upon delivery of the goods. Any legal presumption in this regard, in particular that of Section 924 of the Austrian Civil Code (ABGB), is excluded.

7.4

Recourse by the client pursuant to Section 933 b ABGB due to self-fulfilled warranty obligations is only possible within the agreed warranty period and within the scope of this contract.

7.5

If the customer continues to use or sell the defective product despite knowing or having reason to know about the defect, the customer simultaneously declares to the provider that he or she waives any claims regarding this defect. To the extent that the provider is required to pay damages to the customer under mandatory law or contract, the customer must prove all legal requirements for a claim for damages, in particular the fault of the provider. Claims for damages by the customer that aim to remedy the defect through improvement or replacement can only be asserted if the provider is in default with the fulfillment of the warranty claims.

7.6

The provider is obligated to rectify remediable defects, provided the defects have been properly and timely reported and the provider is demonstrably responsible for them. Rectification will be carried out free of charge and within the scope of operational possibilities. Minor defects will be corrected on a monthly basis, beginning 14 days after delivery. The obligation to rectify defects shall not apply in any case if the client or third parties have interfered with the provider's services. In the event of a complaint about defects, the client must give the provider the opportunity to investigate the causes of the reported complaints. If defects cannot be identified during an inspection or if the investigation reveals that the error is not the provider's fault, the client shall bear the costs of the investigation. This also applies if the error is due to faulty operation or malfunctions for which the provider is not responsible.

7.7

The provider provides no warranty for errors, malfunctions or damages resulting from improper operation, the use of unsuitable equipment or unusual operating conditions.

7.8

Any liability and warranty shall be void if software or software components are subsequently modified by the client or third parties commissioned by the client.

7.9

If the subject of an order is the modification or addition of existing software, the warranty applies only to the modification or addition. The warranty period for the original software remains unaffected.

7.10

The provider assumes no liability for errors that occur during data transmission by the postal service or other telecommunications companies and that were not detected by the provider during operation. The same applies to the consequences of such transmission errors in further processing.

7.11

The customer’s commercial obligations to inspect and give notice of defects remain unaffected.

7.12

The provider is liable for intent and gross negligence, for delays and impossibility of performance only to the extent that they are attributable to the provider, and for the presence of guaranteed characteristics. Any liability beyond this is excluded. This also applies to data loss and other consequential damages. Liability for slight negligence is excluded.

7.13

The client, for his part, is responsible for ensuring that the documents and information necessary for the provision of the service are made available to the provider in a timely manner.

7.14

The warranty period is neither extended nor interrupted by the rectification of defects or attempts to rectify defects; this requires the legal assertion of the warranty claim or written acknowledgment by the provider. Attempts to rectify defects do not constitute acknowledgment and do not lead to an extension of the period. The same applies to rectification of defects carried out as a goodwill gesture, i.e., without acknowledgment of a legal obligation. In the case of partial delivery, the warranty period begins with the delivery or handover of the respective part.

7.15

A claim for damages must be made in writing to the provider within six months after the person(s) entitled to claim have become aware of the damage, otherwise it will be excluded.

7.16

Compensation for consequential damages and pure financial losses, lost profits or savings, loss of interest and damages resulting from claims by third parties against the provider is excluded in any case, to the extent permitted by law.

7.17

The application of the Product Liability Act is excluded to the extent permitted by law.

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8.

Contract duration and right of withdrawal

8.1

Contracts concluded for an indefinite period may be terminated in writing by either party, subject to a three-month notice period, from the date of receipt by the recipient, at the end of each quarter.

8.2

If the client fails to meet his payment obligations despite a registered request and the setting of a reasonable grace period, the provider is entitled to terminate the contract without notice.

8.3

Should the Client terminate the contract without observing the notice period, or should the Provider terminate the contract due to the Client's default (e.g., data delivery) or for important reasons for which the Client is responsible, the Client shall pay, in addition to the other obligations, a compensation fee of 75% of the remaining processing due until the next regular contract expiration. The applicable pricing and frequencies known from experience or the quote shall apply as the basis for billing. Any further claims for damages remain unaffected.

8.4

In the event that an agreed delivery time is exceeded due to the sole fault of the provider, the client is entitled to withdraw from the contract by registered letter if, even within a reasonable grace period following the request for performance, the agreed service is not provided in essential parts through no fault of the client. Force majeure, labor disputes, natural disasters, and transport blockages release the provider from the delivery obligation or allow the provider to reschedule the agreed delivery period.

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9.

Duty of confidentiality

9.1

The provider will treat all internal processes and information obtained through its work with and for the client as strictly confidential. In particular, order-related documents will only be made accessible to third parties with the client's express consent. The right to have the order performed by third parties, as stated in Section 3, remains unaffected.

9.2

The provider encourages its employees and staff to observe these principles and guarantees their conduct.

9.3

The customer will treat all information, documents and methods confidentially, even during the contract negotiations.

9.4

The customer will also impose this obligation of confidentiality on all of its employees.

9.5

The customer is fully liable for any breach of contractual obligations; this also applies to the use of copies made in breach of contract or their multiple use or transfer to third parties.

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10.

Transport

10.1

The physical transport of the client's materials and any work results to and from the site, provided the transport is arranged by the provider, shall be at the client's risk and expense. Any changes to the technical transmission conditions and postal tariff changes are therefore deemed to be accepted by the client in advance.

10.2

Insurance is only provided upon express instruction from the client.

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11.

Retention of title

11.1

Until full payment is made, the contractual service remains the property of the provider. This also applies if software or data has been transferred on a data carrier or transmitted online. If only usage rights have been granted, this provision applies accordingly.

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12.

Payment terms

12.1

All invoices are to be paid according to the agreed terms without any deductions and free of charge within 14 days of receipt. In the event of late payment, default interest of 12% per annum will be charged. The client is responsible for the costs of reminders and any applicable collection fees.

12.2

For orders that include several units or work steps, the provider is entitled to invoice after delivery of each individual unit or service.

12.3

The client is not entitled to withhold payments due to incomplete overall performance, guarantee or warranty claims or complaints.

12.4

The client is not entitled to offset or counter-set off any claims whatsoever.

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13.

Prices, taxes and fees

13.1

All prices quoted are exclusive of statutory VAT.

13.2

Quotation prices are based on the labor and material costs applicable at the time the quotation is submitted. Changes to these underlying costs entitle the provider to adjust the prices.

13.3

Costs for data storage devices, travel, daily allowances, and overnight accommodation will be billed separately based on actual expenses. Travel time is considered working time.

13.4

If the service or remuneration of the provider is subject to a tax or fee that is only introduced by law or regulation after the order has been confirmed, the provider can charge this to the client.

13.5

All non-flat-rate offers are based on our daily and hourly rates. The current daily rate is €1,400, and the current hourly rate is €192.

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14.

Applicable law, place of jurisdiction

14.1

Only Austrian law shall apply to the order, its execution and any claims arising therefrom, even if the order is carried out abroad or the commissioned work is used abroad.

14.2

Place of jurisdiction is Vienna.

14.3

For sales to consumers within the meaning of the Consumer Protection Act, the above provisions apply only to the extent that the Consumer Protection Act does not stipulate other mandatory provisions.

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