Terms and conditions

1. Who these terms apply to

These terms apply to all orders placed with Wimmer Webservices e.U., Carina Wimmer, Stammersdorfer Straße 10/Top 6, 1210 Wien: websites, web apps, AI chatbots and AI assistants, 3D websites, motion graphics, SEO, hosting and maintenance, AI training and AI consulting.

We work for companies, associations and private individuals. Where something different applies to consumers within the meaning of the Austrian Consumer Protection Act, it says so. These terms never limit the rights the law gives you as a consumer.

Whatever your quote says takes precedence over these terms. Our clients’ own terms and conditions only apply if we expressly agree to them in writing.

2. First call and quote

The first call takes about 30 minutes, by video, by phone or in person in Vienna. It is free and does not commit you to anything. The same goes for the written quote that follows.

The quote states what we will do, the fixed price, the schedule, the project phases with their share of the price, how many rounds of revisions are included and, for AI services, the monthly cost limit. The quote is valid for 30 days.

If you book the AI roadmap within six months of an AI potential workshop, we deduct the full price of the workshop.

3. How the contract is made

The contract is made when you accept the quote. An email is enough. We confirm the order by email and send you these terms with it.

If you place an order as a consumer by email, phone or online, you can withdraw within 14 days (see “Right of withdrawal for consumers”). During that time we only start work if you expressly ask us to.

4. Prices

The price in the quote is a fixed price. If we need more time than expected, that is our risk, not yours.

It only costs more if you want something in addition to, or different from, what was agreed. We then tell you beforehand what it costs and how the schedule changes, and only start once you agree. Without your yes, there are no extra costs.

All prices are final prices. We fall under the Austrian small business exemption, so no VAT is added.

Should the exemption stop applying to us during an ongoing project, consumers keep the agreed final price. Businesses are charged VAT on top from then on; as a rule they can reclaim it as input tax.

Costs from other providers, for example for the domain, font licences, stock images or AI services, are listed separately in the quote. We pass them on at cost, with no mark-up.

5. Payment

For projects, you pay 30% of the price when you place the order and the rest after acceptance. For projects from €5,000 we split it: 30% on ordering, 40% when you approve the draft, 30% after acceptance.

Workshops and consulting sessions are invoiced after the session, monthly services at the start of each month.

Invoices are payable by bank transfer within 14 days.

If a payment ever gets tight, talk to us. Instalments without a surcharge can usually be arranged.

If an invoice is overdue, we first send you a reminder, free of charge. If it is still open after a second reminder, we may charge the statutory default interest. We only take a website or service offline because of an unpaid invoice after giving at least 14 days’ notice. We never delete your data because of it.

6. Process, revisions and your input

You have one fixed point of contact throughout the project and always know what happens next. If anything changes in the schedule, we tell you as soon as we know.

The number of revision rounds included is stated in the quote. If it says nothing, there are two rounds for the draft and two for the finished build. Small things like typos never count as a revision round.

From you we need texts, images, logos, logins and your feedback. We are happy to help with the texts. If something arrives later than planned, the schedule moves accordingly; this does not cost you extra.

If we hear nothing from you for three months although we have followed up twice, we pause the project and invoice the work done so far. Within twelve months you can pick up again at any time at the agreed price; whatever you have already paid is credited.

Please only send us content you are allowed to use: your own texts and photos, or ones you hold the rights to. If we notice a problem, we will tell you. If someone makes justified claims against us because of your content, you cover the damage, provided you are responsible for the infringement.

7. Walking away after the first draft

For projects, we show you a first draft early on: depending on the service, a clickable draft of the website, a prototype, a storyboard or a test version.

If you don’t want to continue after that, let us know within 14 days of the presentation. You don’t have to give a reason. The project then ends, you only pay the 30% deposit, and you may keep and use the draft.

8. Acceptance

Once everything is finished, take your time to check the result; we are happy to go through it with you. You have 14 days for this. If you find errors, we fix them and you check again.

If everything is right, you confirm acceptance with a short email. If we don’t hear from you within the 14 days, we send you a reminder that explicitly states what your silence means: if there is still no reply within seven days of that reminder, the result counts as accepted.

If you take a website or app live, it also counts as accepted. Errors that show up later are still fixed free of charge (see “Bug fixes and aftercare”).

Minor defects that don’t seriously affect use don’t hold up acceptance. We fix them afterwards.

9. Bug fixes and aftercare

If something doesn’t work as agreed, we fix it free of charge for 12 months from acceptance. For businesses, this is also the warranty period. Consumers additionally have the statutory two-year warranty; it always remains unaffected.

We reply within one business day. Small bugs are usually fixed within a few business days; for bigger ones we tell you beforehand how long it will take. If a site is down or a form doesn’t work, that always comes first.

In the first 30 days after launch we also handle small change requests free of charge, such as a new text, a different photo or a changed phone number.

Changes made later by you or others, and problems caused by later updates to browsers or third-party services, are not bugs. Those are covered by maintenance (see “Hosting, maintenance and other monthly services”). Without a maintenance plan, we send you a quote first.

10. What belongs to you

Once paid in full, you receive all rights to what we created specifically for you: exclusive, unlimited in time, territory and content, and including the right to change everything or have others change it.

Until then you may already use the results, for example take the site live. With the last payment the rights pass to you for good.

You get the source code and the editable design files whenever you ask, at no extra cost.

Domain, hosting account and other logins are in your name. If we set something up for you, you get the login details.

Third-party components such as open-source software, fonts or stock photos are excepted. They are governed by their owners’ licences. We tell you which ones they are and only use ones you may use for your purpose.

General building blocks we use across many projects, such as base templates and helper functions, may also be used and changed without restriction in your project; we keep using them elsewhere too. Your content, your design and everything that makes your project yours is never used for anyone else.

11. AI services

For AI chatbots and AI assistants we use services such as Anthropic (Claude), Google (Gemini) or OpenAI. We pass on their usage costs 1:1, at cost with no mark-up. This includes the VAT we pay to the tax office ourselves on services from abroad and, as a small business, cannot reclaim.

Together we set a monthly cost limit. Once it is reached, the assistant pauses until the next month. The limit is only raised with your consent. Your monthly invoice shows what was used.

You can also open your own account with the AI provider. You then pay them directly, and we set everything up on that account.

AI can make mistakes. We build every assistant to stick to your content and test it before launch. Even so, it may occasionally say something wrong. So please check its answers before launch and from time to time afterwards, especially on prices, deadlines and legal or medical questions. The same goes for texts and images created with AI.

A notice that people are talking to an AI is always built in, as the EU AI Act requires. Please don’t remove it.

If an assistant processes personal data, such as your customers’ names or enquiries, we first sign a data processing agreement under the GDPR with you, free of charge.

If an AI is to work in an area the AI Act classifies as high-risk, such as hiring decisions or credit checks, we discuss and agree on this separately beforehand.

If an AI provider changes its prices or features or discontinues a service, we let you know and propose a solution. Any new costs only arise with your consent.

12. Hosting, maintenance and other monthly services

Monthly services such as hosting, maintenance, SEO support or support during an AI rollout have no minimum term. You can cancel at any time to the end of the current month; an email is enough. We ourselves give three months’ notice.

The price stays the same for at least twelve months. After that, we announce any change at least two months in advance.

We cannot entirely rule out outages at data centres or other providers. We deal with them right away and keep you informed.

When the contract ends, we hand over everything needed to keep things running to you or a provider of your choice, free of charge: files, database, logins and a short briefing.

13. Ending and cancelling

Before we have started work, you can cancel an order free of charge. You get the deposit back in full.

After that, you can stop at any time. You pay for the completed phases and, for the current phase, the part we have already done; up to the first draft, no more than the deposit. There is no cancellation fee. If you have paid more, you get the difference back. Whatever has been created and paid for by then is yours.

You can move a workshop once free of charge and cancel it free of charge up to seven days before the date. If you cancel later, we only charge for the preparation, at most 25% of the price. If someone falls ill, we always reschedule free of charge.

If we have to end a project for reasons on our side, you get back everything you paid for work not yet done, plus all work in progress.

Either side may terminate at any time for good cause, for example if the other side fails to meet essential obligations despite being asked to.

14. Liability

We are liable without limitation for damage we cause intentionally or through gross negligence, and for personal injury.

For slight negligence, the following applies to businesses: we are liable up to the order value, for monthly services up to the total of the last twelve months, and not for lost profit. Towards consumers we are liable under the statutory rules.

Towards businesses, we are not liable for outages or errors of third-party services we have no influence on, such as data centres, payment or AI providers, unless we caused them ourselves. Either way, we help right away to solve the problem.

We cannot promise commercial success, such as a particular position on Google or a certain number of enquiries; no one can honestly do that. We will, however, tell you openly what is realistic.

15. References and confidentiality

We only show your name, logo or project as a reference if you have explicitly agreed beforehand. You can withdraw that consent at any time. We also only place a credit to us on your website with your agreement.

Anything we learn about your business during a project is treated confidentially, also after our work together has ended. How we handle personal data is described in our privacy policy.

16. If something goes wrong

Please talk to us directly first. Almost everything can be sorted out in a conversation.

As a consumer you can also contact the Internet Ombudsstelle free of charge (www.ombudsstelle.at). We take part in its conciliation procedures.

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For businesses, the place of jurisdiction is the court with subject-matter jurisdiction for 1210 Wien. For consumers, the place of jurisdiction at their residence and the protective rules of their country of residence remain unaffected.

17. Changes to these terms

Each order is governed by the version in force when the quote was accepted. For ongoing monthly services, new terms only apply if you agree to them.

Should a provision be invalid, the rest remain valid. The statutory rule takes its place.

18. Right of withdrawal for consumers

If you place an order with us as a consumer by email, phone or online, you can withdraw within 14 days without giving any reason. The statutory notice follows word for word.

Right of withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Wimmer Webservices e.U., Carina Wimmer, Stammersdorfer Straße 10/Top 6, 1210 Wien, office@wimmer-webservices.com, +43 670 4025388) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

What this means in practice: within the 14 days we only start if you expressly ask us to. If, at your request, a service has already been fully provided in that time, such as a workshop, the right of withdrawal expires. We point this out to you beforehand.