General Terms and Conditions

These T&Cs apply exclusively to contracts between webconsulting business services gmbh (hereinafter referred to as the "Agency") and entrepreneurs or businesses within the meaning of the Austrian Commercial Code (UGB). Sales to consumers do not take place.

By completing an online order, the Customer confirms that they are acting as an entrepreneur or on behalf of a business. If this information proves to be incorrect, the Agency may contest the contract or terminate it with immediate effect.

The Agency provides services exclusively on the basis of these T&Cs as well as written offers, service descriptions, and order confirmations. Deviating conditions shall only apply with express written consent.

In the case of online orders, the contract is concluded when the order button "Order with obligation to pay" is clicked. Prior representations on the website are non-binding.

Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected.

The scope of services is derived from the respective service description, the offer, or the product representation. The AI Tools constitute a Software-as-a-Service (SaaS) offering.

The Agency is entitled to further develop, adapt, or replace functions with equivalent services, provided that the essential purpose of the contract is not impaired thereby.

Access details must be used on a personal or company-specific basis. Unauthorised transfer to third parties, sharing of accounts, or any misuse of the services is prohibited.

AI-generated results are intended for support. The Customer remains responsible for the professional, legal, and economic review and release of all generated content.

Approvals and feedback within the scope of projects are deemed to have been granted after 3 working days without written objection, unless otherwise agreed.

The Customer shall provide all information, access details, and approvals required for the performance of the contract in a timely manner.

For the use of the AI Tools and the conclusion of a subscription, correct company and billing details must be provided, in particular company name, billing address and – if available or required for reverse charge – VAT ID.

Any changes to billing data, contact persons, email addresses, or tax details must be notified immediately and updated in the customer account.

Failure to cooperate in a timely manner or providing incorrect information may lead to delays, additional costs, incorrect tax calculations, or suspension of access.

The Customer bears responsibility for the lawfulness of the content, data, and purposes of use provided by them.

All prices quoted are net prices plus the applicable value added tax (VAT), unless a reverse charge or tax exemption applies due to tax regulations.

The AI Tools subscription costs EUR 25.00 per month net. Additionally, usage-based AI costs may apply, provided they are stated in the respective product or offer.

Payment processing is handled via Polar Software Inc. ("Polar.sh") as the Merchant of Record. Polar.sh is responsible for payment processing, invoicing, and the calculation/remittance of the applicable VAT.

For intra-Community B2B services, the reverse charge mechanism may apply upon presentation of a valid VAT ID. The final tax treatment results from the billing details provided during checkout.

Payments are due immediately. In the event of failed payments, chargebacks, or outstanding claims, the Agency is entitled to suspend access to services until the matter is fully resolved.

The AI Tools are provided as an ongoing SaaS subscription. Access is only available with an active, paid subscription or explicit activation by the Agency.

The subscription automatically renews for a further month unless cancelled before the end of the current billing period.

Cancellation can be made via the customer portal or in writing to the Agency at the end of the current billing period. Billing periods that have already commenced will not be refunded pro rata, unless mandatory statutory provisions dictate otherwise.

Price changes will be communicated with a reasonable notice period of at least 30 days and do not apply retroactively to periods that have already been billed.

The Agency is entitled to temporarily or permanently block access in the event of abusive use, security incidents, or significant breaches of contract.

All rights to concepts, software, designs, texts, structures, and other work results remain with the Agency or the respective rights holders, unless expressly agreed otherwise.

Upon full payment, the Customer receives a non-exclusive, non-transferable right of use to the agreed extent.

Any transfer, sub-licensing, duplication, or use outside the agreed purpose is only permitted with express written consent.

Open-source, third-party, and platform components are subject to their respective licence and terms of use.

The Agency reserves all rights not expressly granted.

The use of artificial intelligence is carried out in compliance with the applicable regulatory requirements, in particular the EU AI Act, where relevant.

AI-generated content, analyses, evaluations, or suggestions may contain errors, incompleteness, or bias and do not replace an individual professional review.

The Agency does not guarantee any content-related or economic success resulting from the use of AI functions, social media platforms, search engines, app stores, or other third-party platforms.

Third-party platforms may change, restrict, or discontinue content, reach, accounts, or functions at any time. The Agency accepts no liability for this.

For entrepreneurs, the warranty period is 6 months from the performance of services or provision. Defects must be reported in writing immediately and documented in a comprehensible manner.

The Agency's liability for slight negligence is excluded. This does not apply to personal injury or to mandatory liability under overriding law.

Liability for lost profits, consequential damages, indirect damages, loss of data, third-party provider failures, or wrong decisions based on AI-generated content is excluded to the extent permitted by law.

The liability is limited in amount to the fee of the last 12 months of the affected contractual relationship, unless mandatory law dictates otherwise.

Force majeure, cyberattacks, official measures, failures of hosting, payment, or third-party AI providers, as well as other circumstances beyond the Agency's control, suspend performance obligations for the duration and scope of the disruption.

The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR), the Austrian Data Protection Act (DSG), and our privacy policy at https://webconsulting.at/datenschutz.

For payment processing, invoicing, and tax treatment, the necessary company, contact, and billing data are transmitted to Polar Software Inc. ("Polar.sh").

Insofar as the Agency uses sub-processors, hosting, AI, or communication services, this is done in accordance with the privacy policy and, where necessary, on the basis of appropriate guarantees for third-country transfers.

The Customer warrants that they will only transfer third-party personal data to the Agency lawfully and ensure the necessary legal bases or information are provided to the data subjects.

Austrian substantive law applies, excluding conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes arising out of or in connection with this contractual relationship is, to the extent permitted by law, Mattersburg, Austria.

The place of performance is the registered office of the Agency, unless otherwise agreed in writing.

For entrepreneurs, there is no statutory right of withdrawal as exists in consumer transactions. Any goodwill arrangements require an express written agreement.

Amendments and supplements to these T&Cs, as well as ancillary agreements, must be in writing unless expressly stipulated otherwise.

The Agency is entitled to amend these T&Cs for future contract conclusions. For existing continuous obligations, changes will be communicated with reasonable advance notice.

Should individual provisions of these T&Cs be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

Please send enquiries regarding these T&Cs to office@webconsulting.at.