General terms and conditions of business

1. Validity, conclusion of contract

1.1 PW Veranstaltungs GmbH (hereinafter “PW”) provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between PW and the customer, even if no express reference is made to them.
1.2 The version valid at the time the contract is concluded is relevant. Deviations from these and other supplementary agreements with the customer are only effective if they are confirmed in writing by PW.
1.3 Any terms and conditions of the customer will not be accepted, even if they are known, unless otherwise expressly agreed in writing in individual cases. PW expressly contradicts the customer's general terms and conditions. There is no need for PW to further object to the customer’s general terms and conditions.
1.4 Changes to the General Terms and Conditions will be announced to the customer and will be deemed agreed if the customer does not object to the changed General Terms and Conditions in writing within 14 days; The customer is expressly informed of the importance of silence in the communication.
1.5 If individual provisions of these General Terms and Conditions are invalid, this will not affect the binding nature of the remaining provisions and the contracts concluded on the basis of them. The invalid provision must be replaced by an effective one that comes closest to the meaning and purpose.

2. Social media channels

Before placing the order, PW expressly points out to the customer that the providers of “social media channels” (e.g. Facebook, hereinafter referred to as the provider) reserve the right in their terms of use to reject or remove advertisements and appearances for any reason. The providers are therefore not obliged to forward content and information to users. There is therefore a risk, which PW cannot calculate, that advertisements and appearances will be removed for no reason. In the event of a complaint from another user, the providers grant the opportunity to respond, but in this case the content will also be removed immediately. In this case, regaining the original, legal status may take some time. PW works on the basis of these providers' terms of use, over which it has no influence, and also uses these as the basis for the customer's order. By placing the order, the customer expressly acknowledges that these terms of use (co-)determine the rights and obligations of any contractual relationship. PW intends to carry out the customer's order to the best of its knowledge and belief and to comply with the guidelines of “social media channels”. However, due to the currently valid terms of use and the easy possibility for every user to allege legal violations and thus have the content removed, PW cannot guarantee that the commissioned campaign will be available at any time.

3. Concept and idea protection

If the potential customer has already invited PW to create a concept and PW accepts this invitation before the main contract is concluded, the following regulation applies:
3.1 As a result of the invitation and acceptance of the invitation by PW, the potential customer and PW enter into a contractual relationship (“pitching contract”). This contract is also based on the General Terms and Conditions.
3.2 The potential customer acknowledges that PW already provides cost-intensive advance work when developing the concept, even though it has not yet assumed any service obligations.
3.3 The concept is subject to the protection of copyright law in its linguistic and graphic parts, as long as they reach the height of the work. The potential customer is not permitted to use and edit these parts without the consent of PW due to copyright law.
3.4 The concept also contains advertising-relevant ideas that do not reach the heights of a work and therefore do not enjoy the protection of copyright law. These ideas are at the beginning of every creative process and can be defined as the igniting spark of everything that is produced later and thus as the origin of marketing strategy. Therefore, those elements of the concept that are unique and give the marketing strategy its characteristic character are protected. In particular, advertising keywords, advertising texts, graphics and illustrations, advertising materials, etc. are considered ideas within the meaning of this agreement, even if they do not reach the height of the work.
3.5 The potential customer undertakes to refrain from commercially exploiting or having exploited or using or having used these creative advertising ideas presented by PW as part of the concept outside of the corrective of a main contract to be concluded later.
3.6 If the potential customer is of the opinion that PW presented him with ideas that he had already thought of before the presentation, he must inform PW of this within 14 days of the day of the presentation by email, citing evidence allow a time allocation to be announced.
3.7 In the opposite case, the contracting parties assume that PW has presented the potential customer with an idea that is new to him. If the idea is used by the customer, it can be assumed that PW received credit for it.
3.8 The potential customer can release himself from his obligations under this point by paying appropriate compensation plus 20 % sales tax. The exemption only occurs after PW has received full payment of the compensation.

4. Scope of services, order processing and the customer's obligation to cooperate

4.1 The scope of the services to be provided results from the service description in PW's offer and any briefing protocol (= "offer documents"). Subsequent changes to the service content require written confirmation from PW. Within the framework specified by the customer, PW has freedom of design when fulfilling the order.
4.2 All services provided by PW (in particular all preliminary drafts, sketches, final artwork, brush proofs, blueprints, copies, color prints and electronic files) must be checked by the customer and approved by the customer within three working days of receipt by the customer. After this period has passed without feedback from the customer, they are deemed to have been approved by the customer.
4.3 The customer will provide PW with all information and documents required to provide the service in a timely and complete manner. He will inform PW of all circumstances that are important for the execution of the order, even if these only become known during the execution of the order. The customer bears the expense resulting from work having to be repeated or delayed by PW as a result of his incorrect, incomplete or subsequently changed information.
4.4 The customer is further obliged to check the documents provided for the execution of the order (photos, logos, etc.) for any copyrights, trademarks, trademark rights or other rights of third parties (rights clearing) and guarantees that the documents are free of are the rights of third parties and can therefore be used for the intended purpose. In the event of slight negligence or after fulfillment of the obligation to warn - at least in the internal relationship with the customer - PW is not liable for a violation of such third party rights through documents provided. If a claim is made against PW by a third party due to such an infringement, the customer will fully indemnify and hold PW harmless; He must compensate PW for all disadvantages that PW incurs as a result of the use of third parties, in particular the costs of appropriate legal representation. The customer undertakes to support PW in defending against any claims from third parties. The customer provides PW with all documents for this purpose without being requested to do so.

5. Third-party services / commissioning of third parties

5.1 PW is entitled, at its own discretion, to carry out the service itself, to use expert third parties as vicarious agents in the provision of contractual services and/or to substitute such services (“third-party services”).
5.2 Third parties are commissioned as part of an external service either in their own name or in the name of the customer. PW will carefully select this third party and ensure that it has the necessary professional qualifications.
5.3 The customer must assume obligations towards third parties that extend beyond the term of the contract. This also expressly applies in the event of termination of the order for good cause.

6. Dates

6.1 Unless expressly agreed as binding, specified delivery or service deadlines are only approximate and non-binding. Binding appointment agreements must be recorded in writing or confirmed in writing by PW.
6.2 If PW's delivery/service is delayed for reasons for which PW is not responsible, such as force majeure events and other unforeseeable events that cannot be prevented by reasonable means, the service obligations are suspended for the duration and to the extent of the obstacle and are extended deadlines accordingly. If such delays last more than two months, the customer and PW are entitled to withdraw from the contract.
6.3 If PW is in default, the customer can only withdraw from the contract after giving PW a reasonable grace period of at least 14 days in writing and this has expired without result. Claims for damages by the customer due to non-fulfillment or delay are excluded, unless evidence of intent or gross negligence is provided.

7. Premature dissolution

7.1 PW is entitled to terminate the contract with immediate effect for important reasons. An important reason exists in particular if:
a) the performance of the service becomes impossible for reasons for which the customer is responsible or is further delayed despite a grace period of 14 days;
b) the customer continues to violate essential obligations under this contract, such as payment of an amount due or obligations to cooperate, despite a written warning with a grace period of 14 days.
c) there are legitimate concerns about the creditworthiness of the customer and the customer neither makes advance payments at the request of PW nor provides suitable security before PW provides the service;
7.2 The customer is entitled to terminate the contract for important reasons without setting a grace period. An important reason exists in particular if PW continues to violate essential provisions of this contract despite a written warning with a reasonable grace period of at least 14 days to remedy the breach of contract.

8. Fee

8.1 Unless otherwise agreed, PW is entitled to a fee for each individual service as soon as it has been provided. PW is entitled to request advance payments to cover its expenses. From an order volume with an (annual) budget of EUR 10,000 (ten thousand euros) or those that extend over a longer period of time, PW is entitled to create interim invoices or advance invoices or to request payments on account.
8.2 The fee/remuneration is understood to be a net fee plus VAT at the statutory rate. In the absence of an agreement in individual cases, PW is entitled to a fee at the usual market rate for the services provided and the transfer of copyright and trademark rights of use.
8.3 All services provided by PW that are not expressly covered by the agreed fee will be paid for separately. All cash expenses incurred by PW must be reimbursed by the customer.
8.4 Any cost estimates from PW are non-binding. If it is foreseeable that the actual costs will exceed those estimated by PW in writing by more than 15 %, PW will inform the customer of the higher costs. The cost overrun is deemed to have been approved by the customer if the customer does not object in writing within three working days of this notice and at the same time announce cheaper alternatives. If there is a cost overrun up to 15 %, separate notification is not necessary. This cost estimate overrun is deemed to have been approved by the client from the outset.
8.5 If the customer unilaterally changes or cancels commissioned work without involving PW - without prejudice to other ongoing support provided by PW - he must compensate PW for the services provided up to that point and reimburse all costs incurred. Unless the termination is due to a grossly negligent or intentional breach of duty by PW, the customer must also reimburse PW for the entire fee/remuneration agreed for this order, whereby the offsetting compensation in accordance with Section 1168 AGBG is excluded. Furthermore, PW must be indemnified and held harmless from any claims by third parties, in particular PW's contractors. By paying the fee, the customer does not acquire any rights of use to work that has already been carried out; Concepts, drafts and other documents that have not been implemented must be returned to PW immediately.

9. Payment, retention of title

9.1 The fee/remuneration is due for payment within 14 days of receipt of the invoice and without deductions, unless special payment conditions are agreed in writing in individual cases. This also applies to the recharging of all cash outlays and other expenses. The goods delivered by PW remain the property of PW until the consideration has been paid in full, including all additional liabilities.
9.2 If the customer defaults on payment, the statutory default interest applies at the rate applicable to business transactions. Furthermore, in the event of late payment, the customer undertakes to reimburse PW for any dunning and collection costs incurred, to the extent that they are necessary for appropriate legal prosecution. In any case, this includes the costs of two reminder letters at the usual market rate of currently at least EUR 20.00 (twenty euros) per reminder as well as a reminder letter from a lawyer commissioned with the collection. The assertion of further rights and claims remains unaffected.
9.3 If the customer defaults on payment, PW can immediately declare all services and partial services provided within the framework of other contracts concluded with the customer due.
9.4 Furthermore, PW is not obliged to provide further services until the outstanding amount has been paid (right of retention). The obligation to pay remuneration remains unaffected.
9.5 If payment was agreed in installments, PW reserves the right to demand immediate payment of the entire outstanding debt in the event that partial amounts or additional claims are not paid on time (loss of deadline).
9.6 The customer is not entitled to set off his own claims against PW's claims, unless the customer's claim has been recognized in writing by PW or has been determined by a court.

10. Ownership and Copyright

10.1 All services from PW, including those from presentations (e.g. suggestions, ideas, sketches, preliminary drafts, scribbles, final artwork, concepts, negatives, slides), including individual parts thereof, as well as the individual workpieces and original designs, remain the property of PW and can can be requested back by PW at any time - especially upon termination of the contractual relationship. By paying the fee, the customer acquires the right to use it for the agreed purpose. However, unless otherwise agreed, the customer may only use PW's services in Austria. The acquisition of usage and exploitation rights to PW's services always requires full payment of the fees charged by PW. If the customer already uses PW's services before this point in time, this use is based on a rental agreement that can be revoked at any time.
10.2 Changes or modifications to PW's services, in particular their further development by the customer or by third parties working for them, are only permitted with the express consent of PW and - if the services are protected by copyright - the author.
10.3 The consent of PW is required for the use of PW's services that go beyond the originally agreed purpose and scope of use - regardless of whether this service is protected by copyright. PW and the author are entitled to separate appropriate compensation for this.
10.4 For the use of services from PW or advertising materials for which PW has developed conceptual or design templates, the consent of PW is also required after the order has been fulfilled, regardless of whether this service is protected by copyright or not.
10.5 For uses in accordance with paragraph 4, PW is entitled to the full remuneration agreed in the expired contract in the first year after the end of the contract. In the 2nd or 3rd year after the contract expires, only half or a quarter of the remuneration agreed in the contract. From the 4th year after the end of the contract, there is no longer any remuneration to be paid.
10.6 The customer is liable to PW for any unlawful use in the amount of twice the fee appropriate for this use.

11. Labeling

11.1 PW is entitled to refer to PW and, if necessary, to the author on all advertising materials and in all advertising measures, without the customer being entitled to any payment for this.
11.2 PW is entitled, subject to the customer's possible written revocation at any time, to refer to the existing or previous business relationship with the customer on its own advertising media and in particular on its Internet website with the name and company logo (reference note).

12. Warranty

12.1 The customer must report any defects immediately, in any case within eight days of delivery/service by PW, and hidden defects within eight days of recognizing them, in writing with a description of the defect; otherwise the service is considered approved. In this case, the assertion of warranty and damage claims as well as the right to challenge errors due to defects is excluded.
12.2 In the event of justified and timely notification of defects, the customer has the right to have the delivery/service improved or replaced by PW. PW will correct the defects within a reasonable period of time, whereby the customer enables PW to take all measures necessary to investigate and correct the defects. PW is entitled to refuse to improve the service if this is impossible or involves a disproportionate amount of effort for PW. In this case, the customer is entitled to the statutory conversion or reduction rights. In the event of an improvement, the customer is responsible for transmitting the defective (physical) item at his own expense.
12.3 It is the customer's responsibility to check the service in question for legal admissibility, in particular competition, trademark, copyright and administrative law. PW is only obliged to carry out a rough check of legal admissibility. In the event of slight negligence or after fulfilling any obligation to warn the customer, PW is not liable for the legal admissibility of content if it was specified or approved by the customer.
12.4 The warranty period is six months from delivery/service. The right to recourse against PW in accordance with Section 933b Paragraph 1 AGBG expires one year after delivery/service. The customer is not entitled to withhold payments due to complaints. The presumption regulation of Section 924 AGBG is excluded.

13. Liability and product liability

13.1 In cases of slight negligence, liability of PW and its employees, contractors or other vicarious agents (“people”) for property damage or financial damage to the customer is excluded, regardless of whether it is direct or indirect damage, loss of profit or consequential damage due to defects Default, impossibility, positive breach of contract, negligence in concluding the contract, defective or incomplete performance. The injured party must prove the existence of gross negligence. To the extent that PW's liability is excluded or limited, this also applies to the personal liability of its "people".
13.2 Any liability of PW for claims that are raised against the customer due to the service provided by PW (e.g. advertising campaign) is expressly excluded if PW has fulfilled its obligation to inform or if such a duty was not apparent to PW, whereby slight negligence does not cause any damage. In particular, PW is not liable for legal costs, the customer's own legal fees or costs of publication of judgments as well as for any claims for damages or other claims by third parties; The customer must indemnify and hold PW harmless in this regard.
13.3 The customer's claims for damages expire six months after becoming aware of the damage; in any case after three years from PW's infringing act. Claims for damages are limited to the net order value.

14. Data Protection

Personal data of the customer (if the customer is a natural person) or personal data provided by the customer are processed exclusively on the basis of the legal provisions (GDPR, DSG).

For the purpose of processing the contract with the customer, the following personal data is processed: name/company, profession, date of birth, contact person, business address and other addresses of the customer, telephone number, fax number, email address, company register number, bank details, credit card details, VAT number. The processing of this personal data is necessary to fulfill the contract or to carry out pre-contractual measures (Article 6 Paragraph 1 lit b GDPR) and their provision is a prerequisite for the conclusion of the contract. Without this data, PW cannot conclude the contract.

This data will only be forwarded to third parties if this is necessary for PW to process the contract or for billing purposes (e.g. to credit institutions or processors that PW uses to fulfill the contract with the customer). Some of these recipients are located outside the customer's country or process your personal data there. The level of data protection in other countries may not correspond to that in Austria. However, PW only transfers the customer's personal data to countries for which the EU Commission has decided that they have an adequate level of data protection or we take measures to ensure that all recipients have an adequate level of data protection, for which we use standard contractual clauses (2010/ 87/EC and/or 2004/915/EC).

After termination of the contract with the customer, the data from the contractual relationship will be deleted if it is no longer required to fulfill the purpose of the processing and to defend against possible legal claims by the customer and provided that deletion does not conflict with statutory retention periods or other legal obligations.

The customer has the rights to information, correction, deletion, restriction, data portability, revocation and objection. If the customer believes that the processing of his data violates data protection law or that data protection claims have otherwise been violated, a complaint to the supervisory authority is possible. In Austria this is the data protection authority (

For the purpose of pointing out the existing or previous business relationship with the customer (reference note), the following personal data is processed by PW and published on the PW homepage: name/company, profession of the customer. The processing of this personal data for the purpose of including reference information is based on Article 6 Paragraph 1 lit f GDPR, as PW has a legitimate interest in processing this personal data in order to be able to advertise PW's services to potential customers and initiate business transactions and to be able to improve the range of services and the website. The customer also gives his express consent in accordance with Article 6 Paragraph 1 lit a GDPR to the processing of this personal data for the purpose of including reference information.

The person responsible for processing personal data is PW Veranstaltungs GmbH, Managing Director: Johann Pittermann, Porzellangasse 36/20, 1090 Vienna

15. Applicable Law

The contract and all mutual rights and obligations as well as claims between PW and the customer derived from it are subject to Austrian substantive law, excluding its reference norms and excluding the UN Convention on Contracts for the International Sale of Goods.

16. Place of performance and jurisdiction

16.1 Place of performance is PW's registered office. When shipping, the risk passes to the customer as soon as PW has handed over the goods to the transport company chosen by them.
16.2 The place of jurisdiction for all legal disputes arising between PW and the customer in connection with this contractual relationship is the court with jurisdiction over PW's registered office. Regardless of this, PW is entitled to sue the customer at its general place of jurisdiction.
16.3 If in this contract references to natural persons are only given in the male form, they refer to women and men in the same way. When applying the term to specific natural persons, the gender-specific form must be used.