General terms and conditions

Date: October 31, 2019

Terms and conditions by business area:

General terms and conditions for internet services

1. General provisions

The following General Terms and Conditions (AGB) are part of all contracts for internet services with Resonanz Digital GmbH. Agreements deviating from the points listed here must be in writing. These AGB are accepted by the customer upon order placement.

2. Conclusion of contracts

Contracts become effective upon the customer’s order placement following the submission of an offer. Order placement also includes the utilization of services that are offered only in conjunction with creating or optimizing a homepage, such as reserving and registering domains.

3. Content

The client is solely responsible for the content of their websites and assures that their entire internet presence does not infringe on third-party rights (trademark, name, copyright, data protection rights, etc.) nor violate existing laws or universally applicable legal norms. Furthermore, the client commits to not publish immoral content on their websites or reference such content.

4. Data protection

Resonanz Digital GmbH hereby informs the client that their personal data will be stored for contract processing. For contract execution, particularly for domain name registration, Resonanz Digital GmbH will transmit necessary customer data to involved third parties. To identify the domain owner, this customer data will be publicly registered in so-called Whois databases. Other use of customer data will not occur; customer data will not be sold or disclosed to unauthorized third parties.

Additionally, we point out that the client is responsible for compliance with legal data protection regulations on their website. Resonanz Digital GmbH cannot be held liable for data protection violations on the client’s website unless there is a contract that obligates them to regularly check the data protection measures on the client’s website.

5. Data security

The client is responsible for securing data and materials provided to Resonanz Digital GmbH for the creation of websites. Resonanz Digital GmbH is not obligated to create backup copies of this data. Resonanz Digital GmbH advises the client that there is a general possibility of illegally intercepting sensitive data over the internet. Therefore, the client is recommended to exercise great caution when transmitting data online and to not connect their computers to the internet unsecured.

6. Prices and payment terms

All offers from Resonanz Digital GmbH are subject to change and non-binding. Price increases after order confirmation are excluded. Invoice amounts are to be paid within 14 days of receipt without deductions. All services remain the property of Resonanz Digital GmbH until full payment is made; in case of payment default, 10% default interest per annum is agreed upon. For Resonanz Digital GmbH’s web hosting offers, a prepayment obligation of 12 months applies.

Resonanz Digital GmbH is entitled to take offline any websites affected by payment default after unsuccessful third reminders.

For domain fees: after an unsuccessful third reminder, the domain will not be automatically renewed and will be deleted at the end of the current term. A fee of €5 will be charged by Resonanz Digital GmbH for necessary payment reminders or reminders. Domain prices are subject to fluctuations and may change from year to year. We charge the currently valid domain price.

7. Duration and termination

Terminations must be in writing. Web hosting contracts are concluded for an indefinite period. The client may terminate the contractual relationship for the current year at any time without stating reasons. Domain reservations automatically renew for one year unless they are terminated in writing at least two weeks before the reservation date.

8. Graphic design and web design

Unless otherwise agreed, the offer price includes up to two different design drafts and a maximum of three refinement steps in total. In the case of a custom screen design, the agreed price grants the right to use the design created for the website or app specified in the offer. If there is an intention to use the design for additional websites or apps, licensing fees will apply, which must be agreed upon separately. Graphics and icons created by us as part of the web design can also be used for other business stationery and online appearances of the client.

9. E-Mail

For email accounts set up as part of our web hosting services, we provide a webmail service. Additionally, we provide access data (POP or IMAP/SMTP) for setting up email accounts in common mail programs. The client is responsible for the correct setup of these accounts on computers or mobile devices.

10. Changes/cancellations

The client must pay for costs incurred due to significant changes to originally agreed specifications. In the event of cancellation of the order during the development stage, the amount will be calculated based on progress, with a minimum charge of 30% of the total order.

Cancellation is no longer possible once all ordered services have been completed.

Graphic templates/concepts are considered accepted once the client confirms approval and work begins with programming or other execution. If the approved template or concept deviates from the original order, it is considered approved by the client as soon as the approval for execution is granted.

11. Client obligations

The client must provide the agreed raw materials (images, graphics, texts, etc.) in digital form and in the formats specified during the briefing. The client commits to ensuring that all used content is legally compliant. The client must ensure that a representative familiar with the matter is available to the provider throughout the project duration.

12. Joint obligations

Both the client and the contractor agree to inform each other promptly of unexpected delays (illness, vacation, unplanned absence, etc.). Both parties commit to naming a decision-making contact person at the beginning of the project who is accessible for any inquiries regarding the project’s development. Changes authorized by the decision-making person are binding.

13. Liability

Resonanz Digital GmbH is not liable for damages arising from impossibility of performance, positive breach of contract, fault at the time of contract conclusion, or tort. Resonanz Digital GmbH also assumes no liability for services or availabilities where it uses third-party providers. This particularly applies to the availability and error-free functioning of servers, email, and form-to-email services.

14. Final provisions

In the event that the creation of a website is the subject of the contract, Resonanz Digital GmbH reserves the right to insert a link on the homepage of the created internet presence referring to the internet offering of Resonanz Digital GmbH, which may consist of either a graphic or a short text link, provided that the appearance of the homepage is not adversely affected.

Changes or additions to these AGB are possible at any time, about which the client will be informed in advance. If individual provisions of these AGB or parts thereof are or become ineffective, the effectiveness of the contract shall remain unaffected. Austrian law applies. The place of fulfillment is Vienna. The court of jurisdiction for both parties is Vienna.

General terms and conditions for seminars and consulting

1. General provisions

The following General Terms and Conditions (AGB) are part of all contracts for seminars and consulting with Resonanz Digital GmbH. Agreements deviating from the points listed here must be in writing. These AGB are accepted by the client upon order placement.

2. Contract conclusion

By commissioning Resonanz Digital GmbH (written registration for the seminar/consulting), a binding offer is made. The contract is concluded through the written acceptance (order confirmation) of this offer by Resonanz Digital GmbH.

If the content of the order confirmation deviates from the content of the registration, a new offer exists, to which Resonanz Digital GmbH is bound for 10 days. The contract is concluded based on this offer if the client accepts it within this period.

The number of participants per seminar/consulting is limited, and registrations will be considered in the order they are received.

3. Payment

The client will receive an invoice, which is to be paid within 14 days of receipt without deductions.

4. Cancellation of events by the client

Cancellations of seminars/consultations must be received in writing at least 14 days before their start. A cancellation after this time and up to 24 hours before the event start will incur a fee of 50% of the price. In case of later cancellation or no-show, the full costs are due. If unable to attend, the client may allow rebooking to an equivalent event. In this case, immediate payment of the full invoice amount is due. The client may at any time designate a substitute participant, which incurs no additional costs.

5. Cancellation of Events by Resonanz Digital GmbH

Resonanz Digital GmbH may cancel the contract at any time with 14 days’ notice prior to the start of the event by written or oral declaration. If an event is canceled due to the short-term illness of the seminar leader/consultant, failure to meet the minimum number of participants, or force majeure, there is no claim for the event to be held at this time. A substitute date will be communicated to the client shortly, or any amounts already paid will be refunded. Further claims are excluded.

6. Services

The scope of services is based on the respective contract. No guarantee is given for a subjectively presented seminar or consulting course by the client.

Resonanz Digital GmbH reserves the right, after prior consultation with the client, to make changes to the services after the event has started for more effective and efficient goal achievement in the interest of the client.

7. Preconditions/disclaimer of liability

Participation is at the client’s own responsibility and risk. Resonanz Digital GmbH is not liable for damages resulting from the client’s failure to comply with Resonanz Digital GmbH’s instructions. Similarly, Resonanz Digital GmbH is not liable for damages caused by the client to themselves or third parties.

Resonanz Digital GmbH is liable within the scope of due diligence for careful preparation, careful selection, and monitoring of service parameters, the accuracy of service descriptions, and the proper provision of the agreed service. Except for damages based on gross negligence or intent, claims for damages by the client against Resonanz Digital GmbH are excluded.

8. Copyrights

The materials and documentation provided are protected by copyright and may not be reproduced without written permission from Resonanz Digital GmbH, even in part.

9. Data protection

Resonanz Digital GmbH will comply with all data protection regulations. No personal data of clients will be passed on to third parties.

10. Confidentiality obligations

Resonanz Digital GmbH commits to confidentiality regarding facts known in connection with seminar and consulting measures with participants and contractual partners.

Resonanz Digital GmbH and seminar leaders/consultants deployed on its behalf are obliged to confidentiality. This also includes incidents in the personal sphere. We therefore ask for understanding that we cannot provide information about the behavior or progress of individual participants.

11. Final provisions

If individual provisions of these AGB or parts thereof are or become ineffective, the effectiveness of the contract shall remain unaffected. Austrian law applies. The place of fulfillment is Vienna. The court of jurisdiction for both parties is Vienna.

General terms and conditions for updates and maintenance of websites

Date: May 1, 2021

1. General provisions

The following terms and conditions are part of all contracts for the maintenance and updates of websites with Resonanz GmbH. Agreements deviating from the points listed here must be in writing. These terms and conditions are accepted by the customer upon order placement.

2. Conclusion of contracts

Contracts become effective upon the customer’s order placement following the submission of an offer.

3. Provision of access data

To fully provide our services, at least the following access credentials are required:

  1. FTP access
  2. Unrestricted administrator access
  3. For multisite installations: rights as super administrator

Additionally, the following access data will help us assist more quickly in case of website issues:

  1. Access to the database management (e.g., phpMyAdmin)
  2. Access to the administration area of the hosting provider

No claims for cost reduction or warranty can be derived from the impossibility or interruption of complete service delivery due to withheld or uncommunicated blocked access.

4. Server performance

It is the client’s responsibility to provide a server environment/webspace that meets the technical requirements of the website. This should meet the current minimum requirements of WordPress. For websites with higher resource demands (e.g., high traffic or complex functions), the server’s performance should be dimensioned to fully meet the project’s requirements. If maintenance issues arise due to resource shortages, we will notify the client and request improvements. We cannot accept liability or provide warranty for any damages resulting from the impossibility or interruption of service delivery due to inadequate server performance.

5. Licences

The client agrees to provide all software licences necessary for the maintenance and operation of the website. Should licences be missing, we will notify the client and request the acquisition of the relevant licence. Failure to provide licences may lead to partial or complete inability to deliver services on our part. We cannot accept liability or provide warranty for damages resulting from the inability or interruption of service delivery due to missing licences.

6. Data protection

The client is obliged to comply with all legal data protection regulations. The client allows the contractor to store data for the purpose of managing the contractual relationship and enters into an agreement for data processing on behalf with the contractor.

7. Software provided by us

As part of our maintenance contract, we use WordPress plugins that we have developed or for which licenses have been purchased by us. The client permits the installation of these plugins on their WordPress website. The corresponding licenses remain in our possession and do not transfer to the client. In the event of contract termination, the client agrees to delete the relevant plugins or have them deleted by us.

8. Bug fixing

Interactions with existing code or between individual plugins may lead to software errors after updates. The rectification of such software errors is included in the maintenance contract, provided they are minor errors (fixing effort under 30 minutes) directly related to the updates made. Software errors that require extensive rectification will be documented and communicated to the client along with an estimate of the effort needed to resolve the issue. In this case, the immediate problem will be temporarily resolved by restoring a previously created backup until a permanent repair can be completed. The rectification of errors can be performed by the client, third parties commissioned by them, or, upon corresponding offer and commissioning, by us.

9. Undetected errors

Particularly with more complex websites, errors may occur after updates that are not detected during a simple visual inspection (see “Testing Procedures”). If such an error is discovered by the client or website users and reported to us, we will strive to resolve it as quickly as possible within the conditions mentioned above (under 6). Errors not caused by our maintenance work must be resolved separately.

10. Rejection of bug fixes/software adjustments by the client

If the above-mentioned software errors are not rectified, it may become impossible to update various program components (themes, plugins, WordPress core). We accept no liability for damages arising from a refusal to rectify errors or make software adjustments by the client, leading to the inability to continue updating. In such cases, we will point out the issues.

11. Hacks, spam, data breaches, data loss

We are only liable for damages resulting from hacks, spam, or data breaches in cases of gross negligence on our part. Within the agreed scope of services, we will strive to promptly close obvious or known security gaps in plugins, themes, and WordPress core. However, we accept no liability for damages caused by such security gaps or unknown security issues, nor is the rectification of such problems part of the maintenance contract.

The closure of security gaps typically occurs through the installation of new software versions independently provided by the developers of the affected plugin or theme (update). If we become aware of security issues that cannot be resolved through an update, we will inform the client and propose solutions if possible.

Further security tests, repairs for hacks, programming services, or consulting services are not part of our maintenance contracts.

12. Downtime and rollbacks

Due to technical reasons, WordPress updates may cause short interruptions in the website’s availability. This is a normal part of the update process and cannot be objected to. In particular, no compensation for lost revenue due to these interruptions can be claimed.

If longer downtimes or error messages occur during maintenance work (e.g. due to a software error requiring a previously created backup to be restored, “rollback”), this is not grounds for complaint against our services. We strive to keep technically induced downtime as short as possible.

To mitigate the negative effects of such outages, individual update appointments with low visitor traffic can be agreed upon in a separate contract (e.g. at night).

13. Update procedures

Unless otherwise agreed, updates are performed on the production installation of the website, i.e., the live version. We are happy to arrange other update procedures individually, such as updates and tests on a staging installation, especially for websites with eCommerce functions or application-like features.

The timeframe and frequency for maintenance work will be determined by the individually agreed maintenance contract, occurring in the respective rhythm with a maximum leeway of two weeks for monthly contracts and six weeks for contracts with longer intervals between maintenance work.

The exact timing (day and time) for the work remains at our discretion unless otherwise agreed.

14. Testing procedures

After an update, we check the website’s accessibility and proper functioning through a spot-check visual inspection. Additional tests, such as functionality tests for forms, eCommerce functions, or specific sections of the site, must be agreed upon separately.

15. Question response and user support

The response to support inquiries regarding the website is included in our contracts only if the questions directly relate to website maintenance or our services.

16. Service level and response speed

We strive to process customer inquiries quickly and comprehensively. Usually, we can respond to your contact within a very short time. Depending on the request and our workload, processing may occasionally take a bit longer.

The following response times are guaranteed as part of our maintenance contracts:

  1. Inquiries via email to support@resonanz-marketing.com: response within 24 hours.
  2. Phone inquiries without leaving a message in the voicemail: unfortunately, we cannot guarantee ongoing availability or a callback service without additional agreements. However, we will do our best to answer all calls. If we are unable to do so, please send us an email.
  3. Inquiries via other media, such as WhatsApp or Facebook: we cannot process inquiries through these channels. Please instead send us an email or use our contact forms.
  4. Implementation of updates for plugins with known security vulnerabilities (information provided by wpscan.com): within 24 hours after the update is released by the respective author.

17. Final provisions

If individual provisions of these terms and conditions or parts thereof are or become ineffective, the effectiveness of the contract shall remain unaffected. Austrian law applies. The place of fulfillment is Vienna. The court of jurisdiction for both parties is Vienna.