Terms and Conditions – SNOW.COMM

════════════════════════════════════════
1. APPLICABILIT
════════════════════════════════════════

1.1. SNOW.COMM (hereinafter referred to as the “Agency”) provides all services exclusively in accordance with these General Terms and Conditions (GTC). These apply to all legal relationships between the Agency and the client, even if no express reference is made to them.

1.2. The version of the General Terms and Conditions in effect at the time the contract is concluded shall apply.

1.3. Any deviations or supplementary agreements must be confirmed in writing by the agency.

1.4. Any terms and conditions of the customer will not be accepted unless otherwise expressly agreed in writing.

1.5. Should any individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.

════════════════════════════════════════
2. OFFERS AND CONCLUSION OF CONTRACT
════════════════════════════════════════

2.1. The Agency’s offers are subject to change and non-binding.

2.2. A contract is formed upon written acceptance of the offer or upon the actual placement of an order.

2.3. The basis for the provision of services is the respective offer, including the description of services.

2.4. Presentations, proposals, and preliminary work are subject to a fee unless otherwise expressly agreed.

════════════════════════════════════════
3. SCOPE OF SERVICES
════════════════════════════════════════

3.1. The agency provides services, particularly in the areas of graphic design, branding, communication, communication design, marketing, content, and training.

3.2. The specific scope of services is set forth in the proposal.

3.3. The agency is not obligated to achieve any specific economic success.

3.4. Any changes or additions to the scope of services must be agreed upon in writing and will be billed separately.

3.5. The agency has creative freedom within the agreed-upon framework.

3.6. The Agency is entitled to use AI-powered tools and software solutions to support the provision of services. Responsibility for the final technical, legal, and content-related review of the results remains with the Agency. Liability for limitations, errors, or legal uncertainties resulting directly from the use of AI-generated content is excluded to the extent permitted by law.

════════════════════════════════════════
4. OBLIGATIONS TO COOPERATE
════════════════════════════════════════

4.1. The client shall provide the agency with all necessary information and documents in a timely manner.

4.2. The customer must approve the services within 5 business days. If no written response is received within 5 business days, the services shall be deemed approved and accepted.

4.3. Delays caused by a lack of cooperation extend deadlines and may result in additional costs.

4.4. If a project is delayed by more than 30 calendar days due to a lack of cooperation on the part of the client, the agency is entitled to issue an interim invoice for services already rendered and to reschedule agreed-upon deadlines and resources.

4.5. The customer is responsible for ensuring the legal admissibility of the content provided.

════════════════════════════════════════
5. REVISION CYCLES
════════════════════════════════════════

5.1. Unless otherwise agreed, the fee includes two rounds of revisions.

5.2. Any additional changes will be billed based on the time and effort involved.

5.3. Services are deemed accepted upon approval.

5.4. Iterative revisions do not include fundamental conceptual changes or realignments.

5.5. Changes that go beyond the originally agreed-upon scope of services or conceptual framework are considered additional services and will be billed separately based on actual time and effort.

════════════════════════════════════════
6. THIRD-PARTY SERVICES
════════════════════════════════════════

6.1. The agency is entitled to engage third parties to perform the services.

6.2. Third-party services are provided on behalf of and for the account of the client or, in the case of the agency, for the account of the client.

6.3. The Agency is not liable for services provided by third parties.

6.4. The agency assumes no liability for services provided by third parties; any claims must be asserted directly against the respective third-party provider.

════════════════════════════════════════
7. DATES
════════════════════════════════════════

7.1. Dates are binding only if they have been confirmed in writing.

7.2. Delays shall result in a reasonable extension of the deadline, particularly in the case of delays attributable to the customer or caused by third parties.

7.3. Events of force majeure, as well as unforeseeable technical, organizational, or legal circumstances beyond the Agency’s control, entitle the Agency to a reasonable extension of agreed-upon deadlines.

7.4. Claims for damages resulting from delays are excluded, unless the delay is due to intentional or grossly negligent conduct on the part of the agency.

7.5. Agreed-upon dates are not considered firm dates unless they have been expressly designated in writing as binding firm dates.

════════════════════════════════════════
8. FEES
════════════════════════════════════════

8.1. The fee is based on the quote or agreement.

8.2. All prices are net, plus applicable sales tax.

8.3. Additional services will be billed separately.

8.4. The agency is entitled to request advance payments.

8.5. For projects with a longer duration or multiple service phases, the agency is entitled to issue partial invoices based on the project’s progress.

════════════════════════════════════════
9. PAYMENT
════════════════════════════════════════

9.1. Invoices are due for payment immediately upon receipt, without any deductions.

9.2. In the event of late payment, statutory late-payment interest and collection fees shall apply.

9.3. The agency is entitled to make the provision of services contingent upon receipt of a reasonable advance payment.

9.4. In the case of ongoing projects or partial invoices, the agency may suspend the provision of services until outstanding invoices have been paid in full.

9.5. Until all claims have been paid in full, all services, concepts, designs, and rights of use shall remain the property of the agency.

════════════════════════════════════════
10. COPYRIGHT
════════════════════════════════════════

10.1. All work remains the intellectual property of the agency.

10.2. Rights of use are not transferred until full payment has been made.

10.3. Use is permitted only to the extent agreed upon.

10.4. Concepts, designs, presentations, or other preliminary work that have not been implemented may not be used or disclosed to third parties without the Agency’s express written consent.

10.5. Open data will be provided only pursuant to a separate agreement.

10.6. Any changes or further modifications to the services by third parties require the Agency’s express consent, unless otherwise expressly agreed.

10.7. Any use that exceeds the originally agreed scope—particularly with regard to duration, geographic scope, or intended purpose—requires the Agency’s express consent and shall be compensated separately.

════════════════════════════════════════
11. REFERENCES
════════════════════════════════════════

11.1. The agency is entitled to use its services as references.

11.2. The agency may indicate its authorship.

11.3. Confidential information or projects that have not yet been made public will be used as references only after prior approval.

════════════════════════════════════════
12. WARRANTY
════════════════════════════════════════

12.1. Defects must be reported in writing within 14 days of delivery.

12.2. In the event of valid defects, the product will be repaired.

12.3. There is no entitlement to subjective satisfaction.

12.4. Creative and design services are subject to artistic discretion. There is no entitlement to complete conformity with subjective expectations. There is no entitlement to subjective satisfaction.

12.5. Creative and design work is subject to artistic discretion. There is no entitlement to complete conformity with subjective expectations.

════════════════════════════════════════
13. LIABILITY
════════════════════════════════════════

13.1. The Agency shall be liable only for damages caused by willful misconduct or gross negligence. In cases of slight negligence, the Agency shall be liable only for breaches of material contractual obligations, but such liability shall be limited to the damages that are typically foreseeable.

13.2. The Agency’s total liability is limited to the amount of the contract value actually paid.

13.3. Liability for lost profits, indirect damages, and consequential damages is excluded.

13.4. The limitations of liability do not apply to personal injury or claims arising under mandatory statutory law.

13.5. In particular, the Agency shall not be liable for business interruptions, loss of revenue, lost bookings, loss of data, damage to reputation, or any other indirect economic losses suffered by the client.

13.6. The Agency shall not be liable to the extent that damages result from incorrect, incomplete, or belatedly provided information or from the Client’s failure to cooperate.

════════════════════════════════════════
14. TERMINATION OF THE AGREEMENT
════════════════════════════════════════

14.1. The agency may terminate the contract for good cause, in particular in the event of late payment or a breach of material obligations to cooperate.

14.2. Payment must be made for services already rendered.

14.3. If a project interruption caused by the client lasts longer than 60 days, the agency is entitled to terminate the contract early for good cause.

════════════════════════════════════════
15. PRIVACY POLICY
════════════════════════════════════════

15.1. The agency processes personal data in accordance with the law.

════════════════════════════════════════
16. LAW
════════════════════════════════════════

16.1. Austrian law shall apply.

16.2. To the extent permitted by law, it is agreed that the court with subject-matter jurisdiction at the Agency’s place of business shall have exclusive jurisdiction over all disputes.

════════════════════════════════════════
17. TRAINING SESSIONS
════════════════════════════════════════

17.1. Training sessions are included in the scope of services only if agreed upon.

17.2. There is no guarantee of success.

17.3. Implementation is the responsibility of the customer.

════════════════════════════════════════
18. SOCIAL MEDIA
════════════════════════════════════════

18.1. The agency provides services in the areas of social media and online marketing in accordance with the applicable terms of use of the respective platforms (e.g., Meta, Instagram, Google, or similar providers).

18.2. The Agency has no influence over the decisions made by these platforms, particularly with regard to the publication, reach, visibility, blocking, or deletion of content, as well as the display of advertisements.

18.3. The Agency makes no guarantee of specific results, in particular with regard to reach, interactions, conversion rates, or financial success.

18.4. Changes to algorithms, guidelines, or technical conditions made by platform operators may affect performance and are beyond the agency’s control.

18.5. The Agency shall not be liable for any resulting restrictions or financial losses.

════════════════════════════════════════
19. LICENSES
════════════════════════════════════════

19.1. Costs for licenses and usage rights, in particular for fonts, images, video, audio, software, plugins, or other third-party content, are not included in the agency’s fee, unless expressly agreed otherwise.

19.2. The necessary rights of use shall be acquired either by the client or by the agency on behalf of and at the expense of the client.

19.3. The Agency assumes no liability for the legal permissibility of the use of materials provided or approved by the client.

19.4. The customer is obligated to ensure that all content provided is free of third-party rights and may be used for its intended purpose.

19.5. The Agency assumes no liability for any claims by third parties arising from copyright, trademark, or other intellectual property rights with respect to the content provided.

════════════════════════════════════════
20. ACCESSIBILITY
════════════════════════════════════════

20.1. Unless expressly agreed in writing, ensuring accessibility—particularly in accordance with legal requirements (e.g., WCAG guidelines or comparable standards)—is not included in the scope of the agency’s services.

20.2. Unless specifically requested, the Agency does not guarantee compliance with accessibility requirements for digital or analog products.

20.3. Simply following accessibility standards does not constitute full legal compliance.

20.4. The customer is responsible for the legal review and compliance with statutory accessibility requirements.

20.5. If accessibility is expressly requested, the specific scope of services must be defined separately and compensated accordingly.

20.6. Adherence to general accessibility standards does not imply full legal compliance with statutory requirements.

════════════════════════════════════════
21. WEBSITE AND IT SERVICES
════════════════════════════════════════

21.1. Unless otherwise expressly agreed, the agency is not responsible for ongoing maintenance, security updates, or technical support for websites or digital systems.

21.2. The Agency is not liable for outages, security breaches, hacker attacks, data loss, or technical problems caused by third parties, hosting providers, plugins, or external systems.

21.3. The customer is responsible for performing regular data backups and for ensuring that content and the tools used comply with legal requirements.

April 21. SEO services do not guarantee specific rankings or financial results.

21.5. The Agency assumes no liability for the performance, outages, security flaws, or changes to third-party systems, platforms, plugins, or external software solutions.

Current version as of May 20, 2026