Legal

1. Scope

1.1 These terms apply exclusively to business customers within the meaning of § 1 of the Austrian Commercial Code. The contractor is Digital Wings GmbH, Gettsdorf 112, 3710 Ziersdorf, represented by Ing. Florian Hieß, MSc and Romana Hieß.

1.2 The subject matter covers talks, keynotes, workshops, training, teaching assignments, mentoring and consulting in online marketing, search engine optimisation, performance marketing and digital strategy.

1.3 Deviating terms of the client do not become part of the contract, even if not expressly rejected. Amendments require written form.

2. Scope of services

2.1 The scope follows from the written quotation. Content is tailored to the agreed audience; the editorial design rests with the contractor.

2.2 Materials are provided for every talk and training and are intended for the participants of that event.

2.3 The contractor may use suitable third parties. For talks and training, personal delivery by Florian Hieß is deemed agreed.

2.4 The client receives no industry exclusivity.

3. Conclusion of contract

3.1 Quotations are non-binding and, unless stated otherwise, valid for four weeks.

3.2 The contract comes into effect with written or electronic confirmation. An invoice also counts as confirmation.

4. Dates, cancellation and postponement

4.1 Agreed dates are binding. If the client cancels: nothing is due up to 28 days before, 50 per cent of the fee from 27 to 14 days before, and 100 per cent from 13 days before. Travel and preparation costs already incurred are reimbursed in any case.

4.2 One postponement to a replacement date within six months is free of charge up to 14 days before the event, provided the contractor is available.

4.3 If the contractor is prevented for reasons beyond his control, in particular illness, a replacement date is agreed or, where reasonable, an equivalent substitute is provided. Further claims are excluded.

5. Fees, payment and expenses

5.1 All prices are net plus statutory VAT.

5.2 Invoices are payable without deduction within 14 days of the invoice date.

5.3 Travel and accommodation costs are invoiced separately. Within northern Lower Austria and Vienna, travel costs are included in the fee.

5.4 In case of late payment, statutory default interest and reasonable collection costs are charged.

5.5 For project-based consulting mandates, instalments may be agreed. The contractor is obliged to perform only after receipt of the first instalment.

6. Client cooperation

6.1 The client provides all necessary information, access and contacts in good time.

6.2 For on-site events, the client provides the agreed technical setup. If this obligation is not met, the fee remains payable.

7. Copyright and rights of use

7.1 Presentation materials, training documents, concepts and analyses are protected by copyright. The client receives a simple, non-transferable right of use for the agreed internal purpose.

7.2 Passing them to third parties, publishing them or using them as the basis for own training requires prior written consent.

7.3 Recordings of talks and training require prior consent, which may be limited to a specific purpose.

7.4 The contractor may name the client, including its logo, as a reference unless the client objects in writing.

8. Warranty and outcomes

8.1 Services are provided according to the recognised state of the art and with the diligence of a prudent business.

8.2 No specific commercial outcome is owed. In particular, search engine rankings, ad approval or reach, and algorithm changes lie outside the contractor's control.

8.3 Defects must be reported in writing without delay, at the latest within 14 days, with comprehensible documentation.

9. Liability

9.1 The contractor is liable for intent and gross negligence. Liability for slight negligence is excluded, except for personal injury.

9.2 Liability for lost profit, indirect damage, consequential damage and third-party claims is excluded. Liability is capped at the value of the order.

9.3 The injured party must prove gross negligence.

10. Confidentiality

10.1 Both parties treat business and trade secrets confidentially. This obligation survives the end of the contract.

10.2 Excluded is information that is publicly known or must be disclosed by law.

11. Data protection

11.1 Both parties comply with the GDPR. Where personal data is processed on behalf of the client, an agreement under Art. 28 GDPR is concluded in advance.

11.2 The client is solely responsible for the lawfulness of the data and content it provides. Processing on this website is described in the privacy policy.

12. Place of performance, governing law and jurisdiction

12.1 The place of performance is the contractor's registered office in Lower Austria.

12.2 Austrian substantive law applies exclusively, excluding its conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

12.3 The exclusive place of jurisdiction is the court with subject-matter jurisdiction for 3100 St. Pölten, including where the client is based outside Austria.

13. Final provisions

13.1 Should any provision be invalid, the remaining provisions remain unaffected. The invalid provision is replaced by a valid one that comes closest to its commercial purpose.

13.2 Further legal texts: imprint, privacy policy, disclaimer, cookie policy.