Courtesy translation — only the German version is legally binding.
01 · Scope
These General Terms and Conditions (GTC) apply to all contracts for the creation of websites, web layouts and digital content, and for related conceptual and technical services, concluded between Artcore Websystems (hereinafter “Contractor”) and companies, self-employed entrepreneurs or associations (hereinafter “Client”).
These GTC apply exclusively to entrepreneurs within the meaning of the Austrian Commercial Code (UGB) and to associations. No contracts are concluded with consumers.
A contract is concluded as soon as the Client accepts an offer from Artcore Websystems in writing. Written acceptance includes, in particular, confirmation by email or signing an offer or contract document. Offers from Artcore Websystems are non-binding unless expressly designated as binding.
Changes or additions to the scope of services after the contract has been concluded require a written agreement.
The specific scope of services is set out in the agreed offer from Artcore Websystems. Only the services, content and scope described therein are authoritative.
Services not expressly mentioned in the offer are not part of the contract. This applies in particular to additional pages, functions, content, extensions, optimizations or subsequent adjustments.
Artcore Websystems provides the agreed services to the best of its knowledge and belief and in line with the generally recognized state of the art at the time of implementation.
Artcore Websystems accepts no responsibility for content provided by the Client, in particular texts, images, videos or other media.
Legal review of content, in particular with regard to data protection (GDPR), legal notice (imprint), copyright and rights of use, is not part of the services of Artcore Websystems unless expressly agreed in writing.
The Client is solely responsible for ensuring that all content provided or published complies with applicable law.
If no proper legal review is carried out, legal risks may arise, in particular warning letters, administrative penalties or other legal consequences. Artcore Websystems accepts no liability for any resulting damages or claims.
On request, a legally sound review and implementation of the content relevant to data protection can be commissioned separately as part of the Artcore Websystems GDPR package.
This package includes in particular:
Implementation is based on the legal requirements in force at the time of implementation and on the systems and providers used.
Permanent or automatic assurance of legal compliance cannot be given, in particular in the event of changes in the law, technical systems or content, or interventions by third parties.
Ongoing review and adjustment can be agreed under a separate maintenance or support contract.
Technical adjustments or optimizations are carried out within the limits of the systems, themes, plugins and third-party software used.
No guarantee is given for specific technical properties or results (e.g. loading times, rankings, compatibility with all devices or future software versions).
If the contract covers only the creation of a website or digital project and no ongoing maintenance or support contract is agreed, Artcore Websystems gives no warranty for permanent, error-free or uninterrupted operation of the website.
In particular, after the project has been completed, updates, system changes, external services or third-party interventions may cause malfunctions or security risks over which Artcore Websystems has no control.
As soon as persons or service providers other than Artcore Websystems are given administrative access to the website, server, hosting, FTP access or content management system (in particular WordPress), Artcore Websystems accepts no liability for any resulting errors, malfunctions, security vulnerabilities or legal infringements, unless these were demonstrably caused by Artcore Websystems.
This applies in particular to changes to code, plugins, themes, server configurations, databases, content or legally relevant areas made by third parties.
The Client undertakes to provide Artcore Websystems with all information, content, documents and access required to carry out the project in good time, in full and in a suitable form.
This includes in particular texts, images, logos, access data for hosting, server, FTP and content management systems, and any other project-related information.
The Client ensures that the content provided is free of third-party rights and does not violate any legal provisions.
Delays caused by late or incomplete cooperation on the part of the Client are not the responsibility of Artcore Websystems.
Agreed deadlines or schedules are extended accordingly.
The Client undertakes to review and approve drafts, interim results and services within a reasonable period, or to specify requested changes in concrete terms.
If no feedback is received within 7 working days, the services are deemed approved, provided there are no material defects.
The Client is responsible for ensuring that access data provided is up to date and that no unauthorized third parties gain access to the systems.
Artcore Websystems must be notified of any changes to access without delay.
If, despite being requested to do so, the Client fails to meet its duty to cooperate and the project is consequently at a standstill for more than 30 days, Artcore Websystems is entitled to terminate the contract for cause or to invoice the project.
All prices are in euros, net, plus statutory VAT where applicable. The prices stated in the offer are authoritative.
Invoices are payable without deduction within 7 days of the invoice date.
For projects with an order value of more than €3,500 (net), 50% is due when the order is placed. The balance is due when the first draft is presented, but no later than 14 days after the order is placed. For projects up to €3,500, invoicing is as set out in the offer.
Ongoing services (such as maintenance, hosting or support) are agreed and invoiced individually with the Client.
In the event of late payment, the statutory default interest for business transactions (§ 456 UGB) and the flat-rate collection fee under § 458 UGB apply. Artcore Websystems is entitled to withhold further services until payment has been made in full.
Services beyond the scope of the offer are invoiced based on actual time spent at the hourly rate stated in the offer, unless otherwise agreed. Artcore Websystems informs the Client before such additional work is incurred.
Upon completion, Artcore Websystems notifies the Client that the service is ready for acceptance. The Client reviews the service within 7 working days and either declares acceptance or specifies material defects in concrete terms and in writing.
The service is deemed accepted upon
Artcore Websystems specifically points out the significance of the review period expiring in its notice of completion.
Minor defects do not prevent acceptance. The day of acceptance is deemed to be the handover date.
Freedom from defects is assessed on the basis of the condition of the service on the handover date. Defects that existed at that time must be reported in concrete terms and in writing within the review period under clause 06 (§ 377 UGB); Artcore Websystems will remedy them by rectification.
Any further warranty for faults that occur after handover only applies under an ongoing monthly maintenance contract and in accordance with its terms.
The presumption of defectiveness under § 924 ABGB is excluded. No warranty is given for defects attributable to changes by the Client or third parties, to updates of systems, plugins or third-party services, to unsuitable hosting environments or to content provided by the Client (see clause 03).
Artcore Websystems is only liable for damage caused intentionally or through gross negligence. Liability for slight negligence is excluded, except in the case of personal injury.
Liability is limited to the order value of the project concerned. Liability for loss of profit, consequential damage, indirect damage, loss of data and third-party claims is excluded to the extent permitted by law.
The Client is responsible for backing up its own data unless data backup has been expressly agreed as part of a maintenance or hosting contract.
Warranty and damage claims against Artcore Websystems are excluded to the extent that the defect or damage results from the Client having passed on access data for the website, server, hosting, FTP or content management system to third parties.
Upon full payment, the Client receives a non-exclusive right, unlimited in time and territory, to use the work created for it for the contractually agreed purpose. Until full payment, all rights remain with Artcore Websystems.
Drafts, concepts, source and raw files, reusable program components and templates remain the property of Artcore Websystems unless their handover has been expressly agreed.
Integrated third-party components (such as themes, plugins, fonts, image libraries or software services) are subject to the licence terms of the respective providers. Ongoing licence costs are borne by the Client.
After publication, Artcore Websystems may name and show the project as a reference. Where a website has been created in full, Artcore Websystems may also place a discreet credit in the website’s footer.
Artcore Websystems may use AI-assisted tools in providing its services, for example for texts, code, images or analyses. Results are reviewed by a human before handover. The Client’s personal data is only processed in accordance with clause 11.
AI products of Artcore Websystems (such as AVA) are additionally subject to the terms agreed in the respective offer.
Where Artcore Websystems processes personal data on behalf of the Client (for example for hosting, maintenance or the operation of AI solutions), the parties conclude a data processing agreement under Art. 28 GDPR. Otherwise, the privacy policy of Artcore Websystems applies.
Contracts for ongoing services are concluded for an indefinite period unless the offer specifies a minimum term. Either party may terminate them in writing with one month’s notice to the end of a month. The right to terminate for good cause remains unaffected.
If the Client does not respond to queries or messages from Artcore Websystems for 21 days, or if cooperation required for the work (such as content, approvals or access) is not provided, agreed deadlines are postponed accordingly; any additional work this causes is invoiced based on time spent. In this case, Artcore Websystems may set a grace period of 14 days, together with the declaration that the contract is deemed cancelled if this period expires without result (§ 1168(2) ABGB). When the grace period expires, Artcore Websystems retains its claim to the agreed remuneration, less any savings made as a result of the work not being carried out (§ 1168(1) ABGB); this amount falls due when the grace period expires.
If the Client withdraws from a project for reasons for which Artcore Websystems is not responsible, Artcore Websystems retains its claim to the agreed remuneration, less any savings made as a result of the work not being carried out (§ 1168 ABGB). Services already rendered are invoiced in any case.
Amendments and additions to the contract must be made in writing; email is sufficient. Differing terms and conditions of the Client only apply if Artcore Websystems expressly agrees to them in writing.
Should any provision of these GTC be invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a valid one that comes closest to its economic purpose.
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law. The place of performance is the registered office of Artcore Websystems in Antiesenhofen. The place of jurisdiction is the court with subject-matter jurisdiction for Ried im Innkreis.
Last updated: September 2026