General Terms and Conditions of business of the brandmood GmbH – 2019 version
brandmood GmbH, hereinafter referred to as brandmood, concludes contracts exclusively based on these following General Terms and Conditions of Business (GTC). This means that GTC of business to the contrary are expressly rejected and they will not be accepted by brandmood. With the Issue of the contract by the contract partner the GTC of bandmood are deemed to be accepted.
Contract conclusion & scope of services
Contracts between brandmood and the client are basically only deemed concluded with the express acceptance of brandmood. Bids are without any obligation.
The range of the contractual service obligation is exclusively as set forth in the service description of brandmood and / or the information within the contract acceptance.
Side agreements, which change the range of the contractual services, require an express written confirmation.
Changes or deviations from the agreed content of the contract regarding individual contractual services that become necessary after the conclusion of the contract, are permitted, insofar as the changes or deviations are not significant and do not cause any harm to the overall arrangement of the agreed services.
Any taxes due as well as fees, expenses and fees for retention of proprietary rights (AKM and similar) shall be for the account of the client.
Usage rights and retention of proprietary rights
All usage rights on the creative services remain with brandmood – insofar as nothing else has been agreed in writing. The contract partner is not entitled – in whatever form – to exploit these usage rights on the creative services in any way other than agreed upon the scope of services. In particular the contract partner is not entitled to resell or transfer the creative services of brandmood. All further deliveries and services remain the property of brandmood until payment is complete.
brandmood has the exclusive rights of use regarding the drafts, concepts, ideas, presentation documents, offers etc. and brandmood will transfer these exclusive rights of use regarding the resulting copyright only in the scope, it has been contractually agreed upon.
The drafts, concepts, ideas, presentation documents, offers etc created by brandmood may be used by the client and/or third parties only with the express approval of brandmood and only in return for reasonable compensation.
All personal data provided to brandmood for the purpose of handling the event is protected against misuse.
By agreement, brandmood will carry out further processing of the data for the purpose of contract fulfilment and for the purpose of direct marketing in forms which do not require consent, such as sending advertising by post to the address provided.
All data is subject to the agreed or legal obligation of confidentiality and the protection of personal data. Apart from passing on the client's data to typical business recipients such as banks, tax consultants, or lawyers, such data will be passed on only on the basis of statutory regulations or in agreement with the client.
The client's data shall be stored for the purpose of documentation and fulfilment of legal obligations for a maximum of thirty years after completion of the orders.
The client has the right to object to the processing of their personal data for the purpose of direct marketing. If you opt out, your personal data will no longer be processed for direct marketing purposes.
The client or their affected employees have the right of access to, correction of, and deletion of their personal data, the right to restriction of data processing, the right to data portability, and the right to complain to the data protection authority (Austrian Data Protection Authority, Barichgasse 40 - 42, 1030 Vienna, phone: +43 1 52 152-0,, e-mail: firstname.lastname@example.org).
The contract partner is obliged to inspect the services of brandmood immediately after the delivery or the completion and any deficiencies determined hereby shall be reported to brandmood in writing in detail instantly.
brandmood undertakes to use conscientious preparation and careful selection of service providers, with the duties of care of a prudent businessman.
Insofar as damage compensations claims are due to brandmood against third parties in connection with the carrying out of the contract, the agency shall assign such claims also to the client, insofar as the client accepts the assignation of such future claims. In such a case no further claims against bandmood are due to the client. The client is entitled to assert such claims for his own account.
brandmood offers the client where possible, the conclusion of a sufficient event liability insurance. The costs of such an insurance shall also be invoiced to the client.
All prices are quoted net cash exclusive of applicable value added tax.
As long as nothing else is agreed upon, the appointment of third parties shall take place in the name of and for the account of brandmood. In this casebandmood is not obliged to provide accounts for the services provided by third parties for its account, or invoices from the person(s) contracted. Performances that have not been included in the offer but are realised upon request of the client or additional expenditures that are due to erroneous details provided by the client, transport delays that are not the responsibility of brandmood, or delays or unprofessional preparatory performances of third parties – if these are not vicarious agents of brandmood – shall be billed to the client in accordance with the current compensation schedule of brandmood.
brandmood is entitled to invoice each individual service as soon as it has been provided. The invoices, insofar as nothing is agreed to the contrary, are payable within 7 days of receipt. Furthermore brandmood is entitled to charge the following advance payment to cover its expenses:
40% of the agreed remuneration on conclusion of the contract
40% of the agreed remuneration by 14 days prior to the first day of the event
he rest of the price becomes payable on receipt of a complete invoice.
Deductions of any type are excluded.
In case of written cancellation after placing the order up to 3 months before the date of the event, 50 % of the total price is due.
In case of written cancellation after order placement from 3 months to 14 days before the event, 80% of the total price is due.
In the event of written cancellation after the order has been placed from 14 days before the event, 100% of the total price is due.
The cancellation terms of the third party providers are not subject to the content control of brandmood. Any invalid provision in the GTC or cancellation conditions of third party providers has no influence on the validity of the GTC of brandmood. Cancellation due to force majeure or due to a not constant or changed legal business basis is at the expense of the customer.
If individual clauses within these GTC should become ineffective, this shall not affect the remaining clauses.
Place of jurisdiction
Austrian law shall exclusively be applicable, excluding the UN sales law. The place of jurisdiction is the factual and local competent court of Kitzbühel, Austria.