TERMS & CONDITIONS
VISITABLE e.U.
Owner: Lena Potzinger
Weißgerberlände 44-46/Top 19
1030 Vienna, Austria
VAT ID: ATU81468305
FN 642200 m
office@visitable.at
www.visitable.at
Last updated: 03.03.2026
§ 1 Scope and Contracting Parties
(1) These Terms & Conditions ("T&Cs") apply to all contracts, offers, and services between VISITABLE e.U. (hereinafter "Agency") and its clients (hereinafter "Client").
(2) VISITABLE e.U. is a sole proprietorship based in Vienna, Austria, providing services in social media management, graphic design, website management, and media & PR work.
(3) These T&Cs apply to both entrepreneurs and consumers. Where individual provisions apply exclusively to entrepreneurs, this will be expressly stated. Consumers retain the protection of applicable statutory provisions.
(4) Any deviating terms and conditions of the Client shall not apply unless VISITABLE e.U. expressly agrees in writing.
§ 2 Offers and Formation of Contract
(1) All offers by VISITABLE e.U. are non-binding and subject to change unless expressly designated as binding. Calculations, presentations, and drafts may not be reproduced or disclosed to third parties without prior written consent.
(2) A contract is formed by written order confirmation by VISITABLE e.U., acceptance of a written offer within the stated period (if not stated: 14 days), or commencement of service delivery following commissioning.
(3) Verbal agreements are not binding without written confirmation by VISITABLE e.U.
§ 3 Scope of Services
(1) The scope of services is defined by the respective offer, order confirmation, or project brief. VISITABLE e.U. is entitled to engage qualified subcontractors where appropriate.
(2) VISITABLE e.U. provides careful and professional services based on current industry standards and expertise. Unless expressly agreed in writing, VISITABLE e.U. does not guarantee specific commercial outcomes such as follower growth, reach, revenue increases, or search engine rankings. These depend on a wide range of external factors beyond the Agency's control.
(3) Delivery dates are only binding if expressly agreed in writing as such. Deadlines are automatically extended if the Client fails to fulfill its cooperation obligations in time.
(4) Changes to the agreed scope ("Change Requests") require written agreement and may result in adjustments to fees and timelines. VISITABLE e.U. is not obliged to implement changes without a separate fee agreement.
§ 4 Social Media Platforms
VISITABLE e.U. expressly informs the Client that social media platform providers (e.g. Meta, TikTok, LinkedIn, Google) reserve the right to reject, limit, or remove content and advertisements at any time and without cause. Platforms are not obligated to distribute content to users. There is an inherent and uncontrollable risk that campaigns, posts, or accounts may be restricted or removed without warning. VISITABLE e.U. operates in accordance with platform guidelines over which it has no influence, and cannot guarantee permanent availability of any campaign, account, or organic reach. The Agency accepts no liability for platform-side decisions, algorithm changes, policy updates, or reach fluctuations. Any additional work required as a result of platform changes will be charged separately.
§ 5 Protection of Concepts and Ideas
(1) If VISITABLE e.U. prepares a concept, strategy, or pitch prior to a formal contract, these T&Cs apply to that process accordingly.
(2) All concepts, strategies, and creative work presented by VISITABLE e.U. are protected by copyright to the extent they meet the required level of originality. Any use, reproduction, or adaptation without written consent is prohibited.
(3) Ideas and elements presented that may not individually qualify for copyright protection (e.g. general strategic directions, advertising slogans, visual references) may not be commercially exploited or implemented outside of a subsequently concluded contract with VISITABLE e.U.
(4) If the Client believes a presented idea was already known prior to presentation, this must be communicated in writing within 14 days of presentation, including supporting evidence. Otherwise it is assumed that VISITABLE e.U. presented a new idea and contributed value.
§ 6 Fees, Prices and Costs
(1) All fees are quoted in euros as net amounts plus statutory VAT.
(2) For ongoing retainer services, the monthly flat fee is due at the beginning of each month, payable in advance.
(3) Before commencement of any project or service, a deposit of 50% of the total agreed fee is due. The remaining 50% is due upon completion. No work will begin until the deposit has been received. This applies unless expressly agreed otherwise in writing.
(4) Costs for external service providers, licenses, media budgets, printing, stock material, hosting, domain registration, travel, and other necessary expenses are not included in the Agency's fees and will be invoiced separately against proof, unless otherwise agreed in writing. For significant third-party costs, VISITABLE e.U. is entitled to request advance coverage from the Client before proceeding.
(5) Cost estimates provided by VISITABLE e.U. are non-binding. Should costs increase by more than 15% above an estimate, the Client will be informed in advance.
(6) VISITABLE e.U. is entitled to adjust fees for ongoing contracts once per year in line with the Austrian Consumer Price Index (CPI, base year 2020), with at least 30 days' written notice.
§ 7 Payment Terms and Default
(1) Invoices are due and payable within 14 days of the invoice date without deduction, unless expressly agreed otherwise in writing.
(2) In the event of payment default, VISITABLE e.U. is entitled to: charge default interest of 9.2 percentage points above the applicable base rate pursuant to § 456 UGB (for entrepreneurs) or the statutory rate (for consumers); charge a flat-rate reminder fee of EUR 15.00 per reminder; immediately suspend all ongoing services until outstanding amounts are settled in full, without this constituting a breach of contract by the Agency; and terminate the contract with immediate effect following written notice and a 14-day grace period.
(3) The Client's right to offset its own claims against fees owed is excluded unless such claims have been acknowledged in writing by VISITABLE e.U. or established by final court judgment. This exclusion does not apply to consumers.
(4) VISITABLE e.U. is entitled to withhold delivery of all work results, files, data, and materials until full payment has been received.
(5) All work, designs, concepts, and files created by VISITABLE e.U. remain its property until full payment of the agreed fee. Use, publication, or disclosure of any materials prior to full payment is not permitted.
§ 8 Client Cooperation Obligations
(1) The Client is obliged to provide all information, documents, content, login credentials, and access necessary for service delivery in a timely, complete, and suitable format. Delays caused by late or incomplete provision of materials are not the responsibility of VISITABLE e.U.
(2) Approvals, feedback, and revision requests must be provided within the agreed deadlines or within 10 business days of submission. If the Client does not respond within this period, the submitted work shall be deemed approved.
(3) The Client warrants that all content provided (texts, images, logos, trademarks, brand materials, etc.) is free of third-party rights or that the Client holds all necessary usage rights. The Client shall indemnify VISITABLE e.U. against all third-party claims arising from a breach of this warranty and shall bear all resulting costs.
(4) Any delays or additional costs caused by insufficient, incorrect, or late cooperation by the Client shall be borne by the Client. VISITABLE e.U. is entitled to invoice additional effort caused by the Client's failure to cooperate.
§ 9 Copyright and Usage Rights
(1) All works created by VISITABLE e.U. (texts, graphics, designs, concepts, photos, videos, websites, code, and any other creative output) are protected by copyright and remain the intellectual property of VISITABLE e.U. until full payment of the agreed fee.
(2) Upon full payment, VISITABLE e.U. grants the Client a simple, non-exclusive, non-transferable right of use for the contractually agreed purpose, medium, and duration. Any use beyond this scope requires a separate written agreement and may be subject to additional remuneration.
(3) The Client is not entitled to edit, modify, resell, sublicense, or use materials beyond the agreed scope without express prior written consent from VISITABLE e.U. Unauthorized use will result in a claim for double the standard remuneration.
(4) VISITABLE e.U. retains the right to use all completed work for its own reference and self-promotion purposes including portfolio, website, presentations, and social media, unless the Client expressly objects in writing prior to publication.
(5) VISITABLE e.U. may place a discreet agency credit on delivered materials. Removal of this credit after full payment is possible by separate written agreement.
§ 10 Warranty
(1) Defects must be reported in writing within 14 days of delivery or approval. After this period, the work is deemed accepted without defect.
(2) In the event of a justified defect notice, VISITABLE e.U. will remedy the defect within a reasonable period at no extra charge. If two remedy attempts fail, the Client is entitled to a price reduction or — in the case of significant defects — rescission of the contract.
(3) Legal review of content for compliance with applicable advertising, competition, or sector-specific law is the sole responsibility of the Client. VISITABLE e.U. accepts no liability for the legal permissibility of content provided or approved by the Client.
(4) The warranty period is six months from delivery.
§ 11 Liability
(1) VISITABLE e.U. is not liable for damages caused by slight negligence. Liability towards entrepreneurs is limited to the amount of the agreed net fee for the respective project. Liability for loss of profit, indirect damages, and consequential damages is excluded with regard to entrepreneurs.
(2) Statutory liability rules apply in full to consumers.
(3) VISITABLE e.U. accepts no liability for the commercial success of services rendered, including but not limited to follower growth, reach, sales figures, or search engine rankings.
(4) VISITABLE e.U. accepts no liability for damages caused by incorrect, incomplete, or late information provided by the Client.
(5) In the event of use of external service providers, VISITABLE e.U. is only liable for careful selection and instruction, not for their performance or output.
§ 12 Cancellation and Early Termination
(1) Cancellation of a confirmed order is only possible with the express written consent of VISITABLE e.U. In the event of unilateral cancellation without good cause, the following cancellation fees apply: more than 14 days before the agreed start date: 30% of the total fee; 8 to 14 days before: 60%; fewer than 7 days before or after work has commenced: 100%.
(2) All work already completed and expenses already incurred are due in full regardless of the time of cancellation.
(3) Deposits already paid will not be refunded in the event of cancellation.
(4) The right to extraordinary termination for good cause remains unaffected. Good cause includes payment default exceeding 30 days, serious breach of material contractual obligations, and insolvency of a party.
§ 13 Confidentiality
Both parties undertake to keep all confidential information obtained in the course of the collaboration — including business strategies, client data, pricing, and concepts — strictly confidential. This obligation continues for three years after the end of the contract.
§ 14 Applicable Law and Jurisdiction
(1) Austrian substantive law applies exclusively. The UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules are excluded.
(2) The exclusive place of jurisdiction for disputes with entrepreneurs is Vienna. Statutory rules on jurisdiction apply to consumers.
(3) Consumers in the EU may use the online dispute resolution platform at ec.europa.eu/consumers/odr/
§ 15 Final Provisions
(1) Should any provision of these T&Cs be invalid or unenforceable, the remaining provisions remain unaffected. The invalid provision shall be replaced by one that most closely reflects the intended purpose.
(2) Amendments to these T&Cs will be communicated to the Client at least 30 days before taking effect. If the Client does not object within 14 days of notification, the amended T&Cs shall be deemed accepted.
(3) These T&Cs supersede all previous versions.