Terms & Conditions (T&C)
1. Scope, Conclusion of Contract
1.1 LUDWINA GmbH (hereinafter referred to as the "Agency") provides its services exclusively on the basis of the following Terms and Conditions (T&C). These apply to all legal relationships between the Agency and the Client, even if not explicitly referenced. The T&C apply exclusively to legal relationships with businesses/entrepreneurs (B2B).
1.2 The version valid at the time of the conclusion of the contract shall apply in each case. Deviations and supplementary agreements require written confirmation by the Agency.
1.3 Any terms and conditions of the Client shall not be accepted unless expressly agreed otherwise in writing.
1.4 Amendments to these T&C shall be communicated to the Client and shall be deemed agreed unless the Client objects in writing within 14 days.
1.5 Should individual provisions of these T&C be invalid, the validity of the remaining provisions shall remain unaffected.
1.6 Offers made by the Agency are subject to change and non-binding.
2. Social Media Channels
The Agency points out that operators of social media platforms may remove, restrict, or reject content at any time. The Agency has no influence over this and assumes no liability for any resulting restrictions or damages.
3. Protection of Concepts and Ideas
3.1 The invitation to create a concept already establishes a contractual relationship between the prospective Client and the Agency.
3.2 The Client acknowledges that the Agency performs significant preliminary services as part of the concept development.
3.3 Concepts, strategies, ideas, namings, texts, designs, visuals, illustrations, presentations, and other creative work remain the intellectual property of the Agency.
3.4 Any use, transfer, or commercial exploitation without the explicit consent of the Agency is prohibited.
3.5 If presented ideas are used without a commission being placed, the Agency is entitled to reasonable compensation.
4. Scope of Services and Cooperation Obligations
4.1 The scope of services results from the offer, order confirmation, or briefing.
4.2 The Client must review and approve all deliverables within three business days of receipt. If no feedback is received, the deliverables are deemed approved.
4.3 The Client shall provide all information, content, and documents required for the provision of services in a timely manner.
4.4 The Client is liable for ensuring that the provided content is free from third-party rights.
5. Third-Party Services
5.1 The Agency is entitled to engage third parties to perform services.
5.2 Such engagement shall take place either in the Agency's own name or, following prior agreement, in the Client's name.
6. Deadlines
6.1 Delivery and performance deadlines are non-binding unless expressly agreed as binding in writing.
6.2 In the event of force majeure or unpredictable events, deadlines shall be extended accordingly.
7. Premature Termination of Contract
The Agency is entitled to terminate contracts for good cause with immediate effect, in particular in the event of:
Default on payment
Breach of essential duties to cooperate
Incorrect information provided by the Client
Loss of necessary prerequisites for the provision of services
8. Fees
8.1 The fee is based on the offer or order confirmation.
8.2 All prices are net prices plus the statutory value-added tax (VAT).
8.3 Additional services, change requests, or extra effort will be billed separately.
8.4 Cost estimates are non-binding.
8.5 If a project is discontinued by the Client after the order has been placed, all services rendered up to that point must be compensated.
9. Payment
9.1 Invoices are due for payment immediately upon receipt without deduction.
9.2 In the event of default on payment, the statutory default interest rate for commercial transactions (B2B) shall apply.
9.3 The Agency is entitled to withhold services until all outstanding claims have been paid in full.
10. Copyright and Rights of Use
10.1 All services created by the Agency, in particular strategies, concepts, texts, photographs, videos, designs, logos, websites, presentations, and other creative work, remain the property of the Agency until full payment has been made.
10.2 The Client receives the agreed usage rights upon full payment.
10.3 The handover of open/editable files (e.g. AI, INDD, PSD, Figma, Framer project files, raw data, Lightroom catalogues, or comparable working files) is not part of the engagement unless expressly agreed upon in writing.
10.4 Modifications or further developments of the services by third parties require the consent of the Agency.
10.5 The Agency is entitled to use created work as a reference for self-promotion, website, social media, competitions, lectures, and presentations, unless otherwise agreed in writing. The Client is not entitled to any fee, usage fee, or other compensation for this.
11. Attribution and References
The Agency is entitled to refer to the business relationship with the Client and to use created projects as a reference — in particular as part of web cases (portfolio/website) as well as on its own social media channels.
12. Warranty
12.1 Defects must be reported in writing within eight days of receipt.
12.2 The Agency reserves the right to remedy or replace the defective service.
13. Liability
13.1 Liability of the Agency for slight negligence is excluded.
13.2 Liability is limited to the net order value of the respective project.
13.3 The Agency is not liable for economic success, reach, turnover, bookings, leads, or other business results.
14. Applicable Law
Austrian law shall apply exclusively, to the exclusion of the UN Sales Convention on Contracts for the International Sale of Goods (CISG).
15. Place of Jurisdiction
15.1 The place of performance is Bludenz, Austria.
15.2
The court with subject-matter jurisdiction in Feldkirch is agreed upon as the venue for all disputes.
LUDWINA GmbH
Commercial Register No. (FN): 681443 y
VAT ID (UID): ATU83375768
Tax ID (Steuernummer): 98 424/5233
As of: July 2026