Terms & Conditions
Effective Date: December 2024
1. Scope and Contractual Basis
1.1 These Terms and Conditions (hereinafter "T&C") apply to all contracts between LoMa Media & Services OG (hereinafter "Provider") and consumers or businesses (hereinafter "Customer") for the provision of services in the field of video production, web development, web design and related services.
1.2 A consumer within the meaning of these T&C is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.3 A business within the meaning of these T&C is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of Contract
2.1 Our offers are subject to change and non-binding unless expressly designated as binding.
2.2 The customer's order constitutes a binding offer. We can accept this offer within 2 weeks by sending an order confirmation or by beginning the service provision.
2.3 Contracts are concluded in German or English. The contract text is stored by us and sent to the customer with the order confirmation along with these T&C.
3. Services
3.1 The subject of the contract is the provision of services in the areas of:
- Video production and editing
- Web development and web design
- Digital marketing and advertising
- Consulting services
- Related technical services
3.2 We provide services according to the current state of technology. The specific scope of services results from the individual contractual agreement.
3.3 We reserve the right to use subcontractors for service provision.
4. Prices and Payment Terms
4.1 All prices are in Euro and include the applicable statutory value-added tax unless otherwise stated.
4.2 For consumers, payment is due upon completion of the service unless otherwise agreed.
4.3 For businesses, our invoices are due for payment within 14 days of the invoice date unless otherwise agreed.
4.4 In case of default, we charge default interest of 5 percentage points above the base rate, for businesses 9 percentage points above the base rate.
5. Customer Obligations
5.1 The customer is obligated to provide all necessary information and materials required for service provision in a timely manner.
5.2 The customer must ensure that provided content does not violate third-party rights or applicable law.
5.3 The customer is responsible for regular data backup and must inform us of any technical problems immediately.
6. Rights of Use and Copyright
6.1 Upon full payment, the customer receives the agreed rights of use to the work results.
6.2 We retain ownership of source code, design templates, and working materials unless expressly agreed otherwise.
6.3 The customer grants us the right to use completed projects for our own promotional purposes unless expressly excluded.
7. Warranty and Liability
7.1 We warrant that our services are free from material defects at the time of delivery.
7.2 The warranty period is 2 years from delivery for consumers, 1 year for businesses.
7.3 Our liability is limited to intent and gross negligence, except for injury to life, body, or health.
7.4 For businesses, liability for indirect damages, lost profits, and consequential damages is excluded.
8. Cancellation and Termination
8.1 Consumers have a 14-day right of withdrawal from the contract, beginning from the contract conclusion.
8.2 Ongoing service contracts can be terminated by either party with one month's notice to the end of the month.
8.3 The right to extraordinary termination for good cause remains unaffected.
9. Data Protection
9.1 We process personal data in accordance with applicable data protection laws.
9.2 Details are provided in our privacy policy.
10. Final Provisions
10.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
10.2 For businesses, the place of jurisdiction is Klagenfurt, Austria.
10.3 Should individual provisions be invalid, the validity of the remaining contract remains unaffected.
10.4 Changes to these T&C require written form.
Contact
LoMa Media & Services OG
Lindnerstraße 15
9220 Velden, Austria
Email: matthias@loma-agentur.at
Phone: +43 676 30 98 968