These general terms and conditions exclusively apply to all transactions between the customer and MASTA Production GmbH (hereinafter referred to as "MASTA"). The customer's opposing terms and conditions are only effective if expressly and in writing acknowledged by MASTA. Deviations from or supplementary agreements to these general terms and conditions require written form. The invalidity of individual provisions of these general terms and conditions shall not affect the binding nature of the remaining provisions and the contracts concluded on their basis. The invalid provision shall be replaced by a valid provision that best corresponds to its meaning and purpose. MASTA reserves the right to make changes to the general terms and conditions, which shall also apply to existing contractual relationships. The current general terms and conditions will be published on MASTA's website.
The basis of the business relationship is the order, which specifies all agreed-upon services (scope of services) and remuneration. MASTA's offers are non-binding. The customer is bound by the order one week after it has been received by MASTA. Customer orders shall be deemed accepted by MASTA only upon written order confirmation, unless MASTA indicates its acceptance through actions based on the order.
Unless otherwise agreed, 40% of the fee is due upon order placement, 40% two weeks prior to the project, and the remaining 20% upon final invoicing. All services provided by MASTA, which are not explicitly covered by the agreed-upon fee, will be separately remunerated. This particularly applies to all additional services provided by MASTA. The customer is responsible for reimbursing all cash expenses incurred by MASTA. Cost estimates provided by MASTA are non-binding. If it becomes evident that the actual costs exceed the estimated costs by more than 20 percent, MASTA will notify the customer of the higher costs. The cost overrun shall be deemed approved by the customer if the customer does not object in writing within three working days of receiving such notification and simultaneously proposes cost-effective alternatives. For all work carried out by MASTA that, for any reason, does not proceed to completion, MASTA is entitled to reasonable compensation. Payment of this compensation does not grant the customer any rights to such work; rather, any concepts, drafts, or the like that remain unexecuted must be promptly returned to MASTA.
Employees of MASTA and any third parties involved are obliged to maintain confidentiality regarding all matters they become aware of in connection with their activities for the client. This confidentiality applies to both the client and the client's business relationships. This obligation remains in effect even after termination of the contract.
All services provided by MASTA (e.g., ideas, concepts, etc.), including individual parts thereof, remain the property of MASTA. By paying the fee, the customer only acquires the right to use (including reproduction) the services for the agreed-upon purpose and within the agreed-upon scope of use. Without MASTA's explicit agreement, the customer may only use MASTA's services within Austria and for the duration of the contract. Changes to MASTA's services by the customer are only permitted with the express consent of MASTA and, if the services are protected by copyright, the consent of the author. The customer requires MASTA's approval for any use of MASTA's services that goes beyond the originally agreed-upon purpose and scope of use, regardless of whether the service is protected by copyright. MASTA and the author are entitled to a separate reasonable remuneration for such extended use (see section 3).
Invoices from MASTA are due immediately upon receipt of the invoice without deduction. In case of late payment, the interest rate is 4% for consumers according to § 1000 of the Austrian Civil Code (ABGB), and for businesses, the statutory interest rate is 9.2 percentage points above the base rate according to § 456 of the Austrian Commercial Code (UGB). Delivered goods remain the property of MASTA until full payment is received.
a) The customer is explicitly responsible for complying with all legal provisions, in particular competition law regulations, regarding the communication measures proposed by MASTA. In particular, the customer shall not approve a PR measure proposed by MASTA until they have satisfied themselves of its compliance with competition law or are willing to bear the risk associated with implementing the PR measure themselves. MASTA expressly disclaims any liability for claims brought against the customer as a result of the PR measure. Specifically, the agency shall not be liable for litigation costs, the customer's own legal fees, costs of publishing judgments, or any claims for damages or similar claims made by third parties.
b) MASTA shall not be liable for damages that did not arise directly from the delivered goods themselves. In particular, MASTA shall not be liable for loss of profit or other financial damages incurred by the client. Furthermore, MASTA shall not be liable for damages caused by force majeure (e.g., weather, official orders, etc.) or damages that, due to the special circumstances of the work or construction activities (moving heavy loads, working with heavy equipment, etc.), cannot be excluded or foreseen (e.g., damage to corridors, damage to entrances or exits, etc.).
a) Claims for damages by the customer, especially due to delays, impossibility of performance, positive violation of obligations, negligence in conclusion of the contract, defective or incomplete performance, consequential damages, or unlawful acts, are excluded unless they are based on willful misconduct by MASTA.
b) Except in cases of gross negligence or willful misconduct, all claims for damages against MASTA, its representatives, employees, workers, staff, and agents are excluded. MASTA also shall not be liable for damages caused by third parties or resulting from the client's omission, violation, or breach of its duty of care or legal regulations and provisions, or arising from the client withholding information from MASTA.
c) The injured party must prove the presence of slight or gross negligence.
Austrian law exclusively applies to the legal relationship between the customer and MASTA, as well as to the question of a validly concluded contract and its pre- and post-effects. EU law is explicitly excluded.
The court in Vienna is agreed upon as the place of jurisdiction for all disputes arising directly or indirectly between MASTA and the customer.